Articles > English > Lies & Distortions By The Media About Hudood Ordinance
October 21st, 2006 by Abdul Rehman
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3. Women’s Testimony Not Taken
This is yet another misconception being spread by Zara Sochieye. In one of their advertisements, they show a woman being raped infront of 5-10 women. The feet of these women are locked in chains, while a person is commenting:
“According to the Hudood Ordinance, testimony of a woman is not acceptable ... Although, a woman is being raped in front of these women, but, their testimonies are not acceptable.”
In the program Jawab Deyh, the host went to extreme when he said the following:-
“Some of 50 women witness a rape then there won’t be any convictions as there were no four male witnesses?”
These are only two sources; this argument is spread by a large number of sources. In fact, even educated persons, including legal experts, forward this argument. But, is it really so?
In the whole Hudood Ordinance, there is not even a single article which enshrines that the testimony of women is not acceptable. If four Muslim adult male witnesses who are pious & God fearing, testify of having seen the crime of zina or zina-bil-jabr, then the deterrent punishment i.e. hadd will be awarded to the accused. If this condition is not fulfilled, but, there is evidence from other sources like medical evidence, circumstantial evidence, testimony of women etc. then the rapist will be punished under tazir, for 4-25 years rigorous imprisonment [henceforth, R.I.] alongwith any number of strokes of lashes, provided in no case shall the whipping exceed 30 stripes.
In fact, a judgment of the Federal Shariah Court will be enough to shatter the veracity of this claim:
Rashida Patel vs. The State (PLD 1989 FSC 95)
Shariat Petition No. 10/K of 1983 to 14/K of 1983 & 2/L of 1985
To prove the crime of Zina, the condition of four witnesses was necessary. However, if four male witnesses are not available, women can appear before the Court as witnesses, but in the light of their evidence, Hadd punishment shall not be awarded; only Tazir punishment shall be awarded.
[Annual Report of the FSC, 2002, p.33]