Section: Islamic Hudood Laws 1979

Question About: Proof of Zina

What proof is required in case of Zina liable to Hadd in which case punishment of Hadd shall not enforced under the offence of in a (Enforcement of Hadood) Ordinance 1979.

Answer

Proof of Zina to Hadd:

Proof of zina or liable to Hadd shall be in one of the following forms, namely:
(a) the accused makes before a Court of competent jurisdiction a confession of the commission of the offence; or
(b) at least four Muslim adult male witnesses, about whom the Court is satisfied, having regard to the requirements of tazkiyah-al-shuhood, that they are truthful persons and abstain from major sins (khahir), give evidence as eye-witnesses of the act of penetration necessary to the offence:
Provided that, if the accused is a non-Muslim, the eyewitnesses may be non-Muslims

Explanation:

In this section “tazkiyah-al-shuhood” means the mode of inquiry adopted by a Court to satisfy itself as to the credibility of a witness.
Explain: Section 9 provides for the evidence of four adult male witnesses about whom the Court is satisfied having regard to the requirements of “Tazkia-al-Shuhood” that they are truthful persons and abstain from major sins and give evidence as eyewitnesses of the act of penetration which is necessary for the offence.

Cases in which Hadd shall not be enforced:

1. In a case in which the offence of zina or zina-bil-jabr is proved only by the confession of the convict, Hadd, or such part of it as is yet be enforced, shall not be enforced if the convict retracts his confession before the Hadd or such part is .enforced.
2. In a case in which the offence of zina-bil-jabr is proved only by testimony, Hadd, or such part of it as is yet to be enforced, shall not be enforced if any witness resiles from his testimony before Hadd or, such part is enforced so as to reduce the number of eye-witnesses to less than four.
3. In the case mentioned in sub-section (1), the Court may order retrial.
4. In the case mentioned in sub-section (2), the Court, may award tazir on the basis of the evidence on record.

Explanation:

Case in which Hadd shall not be enforced. Hadd shall not enforced in cases of ‘zina’ or ‘zina-bil-jabr’.
(a) When the offence of zina or zina-bil-jabr is proved only by the confession of the convict and before the execution of Hadd punishment the convict retracts his confession. (Sub-section 1).
(b) When the offence is proved by testimony of witnesses and any witness resiles from his statement before enforcement of Hadd so that the number of witnesses is reduce less than four (Sub-section 2).
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