Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979

Section: 11

(a) Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979)---.--- ---.---S. 11---.---Qazf liable to Ta'zir---.---Appreciation of evidence---.---Complainant and both accused were consanguine brothers---.---After the death of their father a dispute arose regarding the land and in a civil suit filed by the complainant the accused in their written statement dubbed the complainant as bastard and asserted that the mother of the complainant had become pregnant while she was unmarried and that after the birth of the complainant their father had entered into Nikah with the mother of complainant---.---Complaint filed by complainant culminated into conviction and sentence of accused for having committed Qazfliable to Ta'zir---.---Validity---.---Imputation of Zina to the mother of a person and claiming the other person as a bastard was a very serious matter---.---There was no proof whatsoever that the deceased father of the complainant had entered into a marriage with his mother after he was born as a result of Zina---.---Accused had not only intended to harm the complainant, but had reason to believe that the said imputation would harm his reputation and also hurt his feelings,particularly. when the mother of complainant was the lawfully wedded wife of his father---.---Slanderer thus, did not deserve any sampathy whatsoever---.---Holy Quran in very clear terms in "Surah Bani Israeel" declares and upholds the principle of human dignity and ordains that every person born in this world without reference to colour, caste and creed was clothed with dignity, which is a free gift from Allah Almighty and no human being has the authority to tear as under the cloak of honour conferred by the Lord Creator; it is a fundamental right which is not dependent on the sanction of human Legislation and isexcellent in the highest degree---.---Edifice of social interaction is built upon the said edict---.---Persons in authority were duty bound to honour the concept of human dignity and to establish such right would tantamount to enforcing a Divine Injunction---.---Conviction and sentence of accused were upheld accordingly with the exception of sentence of ten stripes, which was set…

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