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The Hudud Ordinances are laws in Pakistan enacted in 1979 as part of the Islamization of Pakistan by Muhammad Zia-ul-Haq, the sixth president of Pakistan. It replaced parts of the British-era Pakistan Penal Code, adding new criminal offences of adultery and fornication, and new punishments of whipping, amputation, and stoning to death. After much controversy and criticism parts of the law were extensively revised in 2006 by the Women's Protection Bill.
Hudud is an Arabic word meaning "borders, boundaries, limits". In the religion of Islam, it refers to punishments that under Islamic law (sharīʿah) are believed to be mandated and fixed by God, i.e. prescribed punishments, as opposed to Ta'zeer. These punishments were applied in pre-modern Islam, and their use in some modern states has been a source of controversy.
In Islamic Law, tazir refers to punishment for offenses at the discretion of the judge (Qadi) or ruler of the state. It is one of three major types of punishments or sanctions under Sharia Islamic law — hadd, qisas and ta'zir. The punishments for the Hadd offenses are fixed by the Qur'an or Hadith, qisas allow equal retaliation in cases of intentional bodily harm, while ta'zir refers to punishments applied to the other offenses for which no punishment is specified in the Qur'an or the Hadith or is not punishable under either qisas or hudud.
Capital punishment is a legal penalty in Iran. The list of crimes punishable by death includes murder; rape; child molestation; homosexuality; drug trafficking; armed robbery; kidnapping; terrorism; burglary; incest; fornication; adultery; sodomy; sexual misconduct; prostitution; plotting to overthrow the Islamic government; political dissidence; sabotage; arson; rebellion; apostasy; blasphemy; extortion; counterfeiting; smuggling; recidivist consumption of alcohol; producing or preparing food, drink, cosmetics, or sanitary items that lead to death when consumed or used; producing and publishing pornography; using pornographic materials to solicit sex; capital perjury; recidivist theft; certain military offences ; "waging war against God"; "spreading corruption on Earth"; espionage; and treason. Iran carried out at least 977 executions in 2015, at least 567 executions in 2016, and at least 507 executions in 2017. In 2018 there were at least 249 executions, at least 273 in 2019, at least 246 in 2020, at least 290 in 2021, at least 553 in 2022, at least 834 in 2023, and at least 226 so far in 2024. In 2023, Iran was responsible for 74% of all recorded executions in the world.
Qisas or Qiṣāṣ is an Islamic term interpreted to mean "retaliation in kind", "eye for an eye", or retributive justice.
Capital punishment is a legal penalty in Pakistan. Although there have been numerous amendments to the Constitution, there is yet to be a provision prohibiting the death penalty as a punitive remedy.
Islamic criminal law is criminal law in accordance with Sharia. Strictly speaking, Islamic law does not have a distinct corpus of "criminal law". It divides crimes into three different categories depending on the offense – Hudud, Qisas, and Tazir. Some add the fourth category of Siyasah, while others consider it as part of either Hadd or Tazir crimes.
Capital punishment in Saudi Arabia is a legal punishment, with most executions in the country being carried out by decapitation (beheading) – Saudi Arabia being the only country in the world to still use the method. In 2022, recorded executions in Saudi Arabia reached 196, the highest number recorded in the country for any year over the last three decades.
Stoning, or lapidation, is a method of capital punishment where a group throws stones at a person until the subject dies from blunt trauma. It has been attested as a form of punishment for grave misdeeds since ancient times.
The use of politically and religiously-motivated violence dates back to the early history of Islam. Islam has its origins in the behavior, sayings, and rulings of the Islamic prophet Muhammad, his companions, and the first caliphs in the 7th, 8th, and 9th centuries CE. Mainstream Islamic law stipulates detailed regulations for the use of violence, including corporal and capital punishment, as well as regulations on how, when, and whom to wage war against.
Sharia means Islamic law based on Islamic concepts based from Quran and Hadith. Since the early Islamic states of the eighth and ninth centuries, Sharia always existed alongside other normative systems.
The legal system in the United Arab Emirates is based on civil law, and Sharia law in the personal status matters of Muslims and blood money compensation. Personal status matters of non-Muslims are based on civil law. The UAE constitution established a federal court system and allows all emirates to establish local courts systems. The emirates of Abu Dhabi, Dubai and Ras Al Khaimah have local court systems, while other emirates follow the federal court system. Some financial free trade zones in Abu Dhabi and Dubai have their own legal and court systems based on English common law; local businesses in both emirates are allowed to opt-in to the jurisdiction of common law courts for business contracts.
Capital punishment in Sudan is legal under Article 27 of the Sudanese Criminal Act 1991. The Act is based on Sharia law which prescribes both the death penalty and corporal punishment, such as amputation. Sudan has moderate execution rates, ranking 8th overall in 2014 when compared to other countries that still continue the practice, after at least 29 executions were reported.
Capital punishment in Islam is traditionally regulated by the Islamic law (sharīʿa), which derived from the Quran, ḥadīth literature, and sunnah. Crimes according to the sharīʿa law which could result in capital punishment include apostasy from Islam, murder, rape, adultery, homosexuality, etc. Death penalty is in use in many Muslim-majority countries, where it is utilised as sharīʿa-prescribed punishment for crimes such as apostasy from Islam, adultery, witchcraft, murder, rape, and publishing pornography.
Capital punishment as a criminal punishment for homosexuality has been implemented by a number of countries in their history. It is a legal punishment in several countries and regions, all of which have sharia-based criminal laws, except for Uganda.
Capital punishment for offenses is allowed by law in some countries. Such offenses include adultery, apostasy, blasphemy, corruption, drug trafficking, espionage, fraud, homosexuality and sodomy, perjury, prostitution, sorcery and witchcraft, theft, and treason.
A series of political agreements among Sudanese political and military forces for a democratic transition in Sudan began in July 2019. Omar al-Bashir overthrew the democratically elected government of Sadiq al-Mahdi in 1989 and was himself overthrown in the 2019 Sudanese coup d'état, in which he was replaced by the Transitional Military Council (TMC) after months of sustained street protests. Following further protests and the 3 June Khartoum massacre, TMC and the Forces of Freedom and Change (FFC) alliance agreed on 5 July 2019 to a 39-month transition process to return to democracy, including the creation of executive, legislative and judicial institutions and procedures.
The Islamic Republic of Iran was founded after the 1979 overthrow of the Pahlavi dynasty by the Islamic Revolution, and its legal code is based on Islamic law or sharia, although many aspects of civil law have been retained, and it is integrated into a civil law legal system. According to the constitution of the Islamic Republic, the judiciary in Iran "is an independent power". The entire legal system—"from the Supreme Court to regional courts, all the way down to local and revolutionary courts"—is under the purview of the Ministry of Justice, but in addition to a Minister of Justice and head of the Supreme Court, there is also a separate appointed Head of the Judiciary. Parliamentary bills pertaining to the constitution are vetted by the Council of Guardians.
The situation for apostates from Islam varies markedly between Muslim-minority and Muslim-majority regions. In Muslim-minority countries, "any violence against those who abandon Islam is already illegal". But in some Muslim-majority countries, religious violence is "institutionalised", and "hundreds and thousands of closet apostates" live in fear of violence and are compelled to live lives of "extreme duplicity and mental stress."
In September 1983, Sudanese president Gaafar Nimeiry introduced Islamic sharia laws in Sudan, known as September Laws, disposing of alcohol and implementing hudud punishments such as public flogging for alcohol consumption and amputations for theft. Nimeiry declared himself the imam of the "Sudanese umma", leading to concerns about the undemocratic implementation of these laws. Hassan al-Turabi assisted with drafting the law and later supported the laws, unlike, the leader of the opposition, Sadiq al-Mahdi's dissenting view.
References
- ↑ "Criminal Code of 1991 - National Practice". International Committee of the Red Cross. Retrieved 2024-07-29.
- 1 2 Chisholm, Anna (2014-08-28). "The Criminalisation of Apostasy in Sudan". Human Security Centre. Retrieved 2024-07-29.
- ↑ "Sudan: The Criminal Act 1991". Arab Law Quarterly. 9 (1): 32–80. 1994. doi:10.2307/3381514. ISSN 0268-0556.
- 1 2 "SCLO News - The Astounding Amendments to the Sudanese Criminal Act 1991". www.sclo-sd.com. Retrieved 2024-07-29.