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Section: Islamic Hudood Laws 1979

Question About: Qazf its punishment and exceptions

Define Qazf. How it is proved and what is its punishment?
or
When Qazf liable to Hadd and what proof is needed to bring home the charge. What punishment is provided for it in the Offence of Qazf (Enforcement of Hadood) ordinance 1979?
or
Define Qazf. What are its exceptions?

Answer

Qazf:

Whoever by words either spoken or intended to be read; or by signs or by visible representations, makes or publishes an imputation of ‘zina’ concerning any person intending to harm, or knowing or having reason to believe that such Imputation will harm the reputation, or hurt the feelings of such person, is said, except in the hereinafter excepted, to commit ‘qazf’.

Explanation 1

Ii may amount to ‘qazf’ to impute ‘zina’ to a deceased person, imputation would harm the reputation, or hurt the feelings of feelings of that person if living, and is harmful to the feelings of his family or other near relatives.

Explanation 2

An imputation in the form of an alternative or expressed ironically may amount to qazf.

Exceptions

1. It is not ‘qazf’ to impute ‘zina’ to any person if the imputation be true and made or published for the public good. Whether or not it is for the public good is a question of fact.
2. Save in the cases hereinafter mentioned it is not c1azf to prefer in good faith an accusation of ‘zina’ against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation:
(a) A complain makes an accusation of ‘zina’ against another person in a court, but fails to produce four witness support thereof before the court.
(b) According to the finding of the court, a complaint has made a false accusation of “zina” or “zina bl Jabr”
(c) According to the finding of the court, a witness has given false evidence of the commission of ‘zina-bil-jabr’.

Qazf liable to Hadd:

Whoever, being an adult, intentional and without ambiguity commit qazf or zina liable to Hadd against a particular person who is a muhsan and capable of performing sexual intercourse is, subject to the provisions of the Ordinance, said commit qazf liable to Hadd.

Explanation 1

In this section, muhsan’ means a sane and adult Muslim who either has had no sexual intercourse or has had such intercourse only with his or her lawfully wedded spouse.

Explanation 2

If a person makes in respect of another person the imputation that such other person is an illegitimate child, or refuses to recognize such person to be a legitimate child, he shall be deemed to have committed qazf liable to Hadd in respect of the mother of that person.

Proof of qazf liable to Hadd:

Proof of qazf liable to Ha shall be in one of the following forms namely:
(a) the accused makes before a Court of corn jurisdiction a confession of the commission of the offences;
(b) the accused commits qazf in the presence of the Cowl
(c) at least two Muslim adult male witnesses, other than the victim of the qazf, about whom the Court is satisfied having regard to the requirements of tazkiyah-al- shahood, that they are truthful person and abstain fro major sins (kabair), give direct evidence of t commission of qazf:
Provided that, if the accused is a non-Muslim, the witnesses may be non Muslims:
Provided further that, the statement of the complainant or the person authorized by him shall be recorded before the statements a ne witnesses are recorded.

Punishment for Qazf liable to Tazir:

Whoever commits qazf liable to ta’zir shall be punished with imprisonment of either description for a term which may extend to two years and with flat exceeding forty stripes, and shall also be liable to fine.
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