Q.6 Discuss theory and practice of Hudood and Tazir with reference to Pakistan legal system. 2018
Hudood and Tazir are two types of criminal punishments in Islamic law that are used in Pakistan’s legal system. While both punishments are derived from Islamic law, there are differences in their theory and practice.
Hudood punishments are those that are specifically mentioned in the Quran and the Hadith and are considered mandatory in Islamic law. These include punishments for crimes such as theft, adultery, and consumption of alcohol. In Pakistan, the Hudood Ordinances were introduced in 1979 and established these punishments in the legal system. However, over time, there have been criticisms of the Hudood Ordinances as they were considered to be harsh and discriminatory towards women.
Tazir punishments, on the other hand, are discretionary punishments that are not specifically mentioned in the Quran or the Hadith. They are determined by the judge based on the circumstances of the crime and the offender’s background. Tazir punishments can be used for crimes that are not covered under Hudood punishments, such as fraud, embezzlement, and defamation.
In Pakistan’s legal system, the implementation of Hudood and Tazir punishments has been controversial. There have been cases where individuals have been wrongly accused and punished under the Hudood Ordinances, particularly in cases of adultery and rape. In response, in 2006, the Women’s Protection Act was passed, which amended the Hudood Ordinances to make it more difficult to prosecute individuals for adultery and rape without sufficient evidence.
Similarly, the use of Tazir punishments has also been criticized for being arbitrary and lacking transparency. In some cases, judges have imposed harsh punishments without providing clear reasons for their decisions. However, efforts have been made to reform the legal system to make it more transparent and accountable.
In conclusion, the theory and practice of Hudood and Tazir punishments in Pakistan’s legal system reflect the influence of Islamic law on the country’s legal framework. While these punishments have been criticized for being harsh and discriminatory, efforts have been made to reform the legal system to ensure greater transparency and accountability.
