| Citation(s) |
|---|
| 1981 SLG 1576 1981 SLD 1576 = 1981 PLD 145 |
Shariat Petitions Nos. 59 and 62 of 1979, decided on 21st March 1981.
Present : Justice (Retd.) Salahuddin Ahmed, Chairman, Justices Agha Ali Hyder, Aftab Hussain, Zakaullah Ladhi and Karimullah Durrani, Members.
Shariat Petition No. 59 of 1979 Shamim Abbas Bokhari, Advocate for Petitioners. S. Riazul Hassan Gillani, Advocate for the Federation of Pakistan. Shariat Petition No. 62 of 1979 Petitioner No. 1 in person. Raja Muhammad Bashir, Advocate for the Government of Punjab.
Shariat Petition No. 59 of 1979 HAZOOR BAKHSH-Petitioner
VERSUS
FEDERATION OF PAKISTAN-Respondent AND Shariat Petition No. 62 of 1979 M. I. CHAUDHRY AND OTHERS--Petitioners Versus ISLAMIC REPUBLIC OF PAKISTAN-Respondent
Law: Offence of Zina (Enforcement of Hudood) Ordinance, 1979
Section: 5 , 6
JUDGMENT
JUSTICE (RETD.) SALAHUDDIN AHMED, CHAIRMAN:---------The question, for consideration in these two petitions is whether the punishment of rajm as prescribed for `Mohsan' under sections 5(2)(a) and 6(3)(a) of Offence of zana (Enforcement of Hudood) Ordinance (VII of 1979) is `Hadd' or obligatory under the injunctions of Islam. `Hadd' under the Ordinance means punishment ordained by the Holy Qur'an or Sunnah. Sunnah read with Article 203-D of the Constitution under which the present petition has been made means the `Sunnah' of the Holy prophetص.
'Hadd' has been previously defined by different Jurists. In Al-Mabsui Al Imam AISarakhsi, Vol. V, page 36 (printed in Beirut), Hadd' has been defined as punishment which has been fixed as right of Allah. According to him `Tazir' is not `Hadd' for it is not fixed, and Qisas' is not `Hadd' for it is the right of the person killed or wounded. In Nailul Autar Sharah Muntaqal Akhbar by Sbokbani, Vol. VII, page 98 `Hadd' means the punishment fixed as right of Allah. According to him neither `Tazir' nor `Qisas' is `Hadd'. Raddul Mukhtar by lbn-e-Abidin, Vol. III, page 153 to 154 (printed at Quetta, Pakistan), however states that in Shariat `Hadd' means the punishment like beating cutting of hand, stoning to death or Qisas which has been prescribed in Qura an, Sunnah and Jima, for these punishments have been prescribed for the general good of the people for the security of their generations, proper ties, etc.