Case Details

Citation(s)
2018 SLG 1865 2018 SLD 1865 2018 PLD 6
Federal Shariat Court
Criminal Appeal No. 30/I and Criminal Referene No. 1-L of 2017 L/W, decision Dated: 20-02-2018. Hearing Date : 15-01-2017.
DR. FIDA MUHAMMAD KHAN, JUSTICE MEHMOOD MAQBOOL BAJWA, JUSTICE
Ch.Mumtaz Ali Hanjra for Appellant. Ch. Muhammad Sarwar Sidhu, Additional Prosecutor General, Punjab for the State.

FIAZ AHMED AND ANOTHER

VS

THE STATE AND ANOTHER

Law:

Section:

(a) Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979)--- ----S. 7---Punishment of Qazf liable to hadd---Purpose---According to the Injunctions of Islam, the dignity and self-respect of every man was inviolable in all circumstances---Anyone who made an imputation of zina directly or indirectly, against any person but failed to produce in support thereof, four witnesses before the Court, became liable to the punishment of Qazf---Intention of said command was to impose a complete ban on allegations about the people's unlawful connections and illicit relationships, because it gave birth to innumerable evils---Imperceptibly it created and spreads an immoral atmosphere---Person against whom such allegations were made felt absolutely helpless to defend himself and thus along with his whole family he/she suffered a lot of humiliation---Even if the accuser was an eye-witness of such an immoral act, but did not have the requisite proof, he should not spread it and let the filth remain confined to the place where it was observed---However, if the accuser had the requisite number of witnesses, he should abstain from publicizing the matter in society and should bring it to the notice of concerned authorities and get the criminals duly punished by the court of law. (b) Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979)--- ----S. 3---"Qazf"---Scope and meaning---"Qazf" did not imply any other accusation except the specific accusation of zina---False accusation of zina had been termed qazf, and, therefore, the ingredients of said Injunction were not extended to cover cases of other accusations like that of theft, drinking, cheating etc. (c) Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979)--- ----S. 3---Qazf---Scope---Law on 'qazf' was not confined to an accusation in respect of women only, but also applied to an accusation made by a female accuser in respect of a man. (d) Islamic Jurisprudence--- ----Crime and punishment--- Punishment for violating the rights of Allah ("Hadd')---Punishments for violating the rights of individuals/ public at large ("Taazir")---Compromise/pardon---Scope---Penalty for an offence against the right of Allah…
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