Case Details

Citation(s)
2010 SLG 3269 2010 SLD 3269 = 2010 PCRLJ 604
Federal Shariat Court

Presented By:

Law:

Section:

(a) Islamic jurisprudence------- Injunctions of Islam---Words and phrases---TAUBA---Concept---Theme-- "TAUBA" is not only a fundamental stone of the social life of Muslims, but is a remarkable concept given by the Holy Qur'an---Allah loves those who seek forgiveness, pardon and promise to behave in future---Central theme in "TAUBA" is repentance on those past wrongs and matters which are deemed reprehensible in the domain of religion---Holy Qur'an makes "TAUBA" almost obligatory for the believing man and woman---"TAUBA" erases the bad and evil effects of the sinful acts---Allah likes those who seek forgiveness---In matters of false accusation of adultery and the punishment thereof the Holy Qur'an makes things easy for those who repent---Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979), S.11. Ayat 114 of Sura 11 of the Holy Qur'an ; Ayat 3 of Sura 110; Ayat 222 of Sura 2; Ayat 31 of Sura 24; Ayaat 70 and 71 of Sura 25; Ayat 82 of Sura 20; Ayat 31 of Sura 4 and Ayaat 4, 5 of Sura Nur i.e. 24 Sura ref. (b) Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979)------- S. 11---Qazf liable to Tazir---Appreciation of evidence---Sentence, reduction in---Trial Court had disbelieved the allegation made by the divorced wife of the accused against him regarding oral accusation of Zina against her inside and outside the Court---Accused had withdrawn his application moved before the Family Court for DNA test to determine the paternity of the minor daughter in custody of his ex-wife (complainant) and continued to pay maintenance allowance to the minor, which had been accepted by the complainant---Matter, thus, had ended there and then---Conduct of accused thereafter for the last five years was never challenged---Reassurance of accused that he would continue supporting his minor daughter had further recommended his case---Accused had tendered apology for his past behaviour in the open Court as well---Ayaats 4 and 5 of Sura Nur of the Holy Qur'an deal with false accusation of adultery and the punishment thereof and make things easy for those who repent---Sentence of two years' R.I. ofโ€ฆ
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