In 1979, after coming to power by imposing martial law, General Zia-ul-Haq implemented The Hudood Laws as a measure to islamicize Pakistan. Derived from Sharia – Islamic laws based on the teachings of Quran and the practices of the Prophet – the Hudood Laws is an umbrella term for four ordinances concerning: prohibition of drinking, slander, theft, and punishments for adultery. This project will examine the evolution of the last mentioned ordinance known as the Offence of Zina (defined as sexual intercourse with someone other than your lawful spouse – adultery, fornication, rape and prostitution). The Hudood Ordinance required that to prove a perpetrator to be guilty, either the perpetrator had to confess or four male eyewitnesses had to testify of seeing the rape crime. There was a likely possibility of being accused of zina if a raped woman brought a case to court and she could not produce the required four male witnesses. The maximum sentence for committing zina was death by stoning. I will look at how repealing the Hudood laws and passing the 2006 Women’s Protection Bill have affected rape jurisprudence. In addition to analyzing Sharia’s impact on rape laws, this research will also focus on how Mughal and colonial British law, and post-independence political movements influenced legislation concerning rape. Research methodologies include collecting information from published articles, books, documentaries, and interviews with ulemas (religious scholars versed in Quranic teachings) and experts with a modernist view. The project will be an important step in understanding how inadequate legal protection against sexual harassment influences women’s participation in the workforce.
