Section: Islamic Hudood Laws 1979
Question About: How punishment of whipping will be executed
How punishment of whipping will be executed according to Islamic law?
Answer
How punishment of whipping will be executed.
Specification of Whip:
The whip, excluding its handle, shall be one single piece only and preferably be made of leather or a can or a branch of a tree, having no knob or joint on it, and its with and thickness shall not exceed 1.22 meters and 1.25 cm ) respectively.
The conditions and mode of execution of punishment of hipping:
According to Section 5 of Execution of the Punishment of Whipping Ordinance, 1979. The following provisions shall apply execution of the punishment of whipping namely:
(a) before the execution of the punishment commences, the convict shall be medical examined by the authorized medical officer so as to ensure that the execution of the punishment will not cause the death of the convict;
(b) if the convict is too old or too weak having regard to the sentence of whipping awarded, the number of stripes shall be applied in such manner and with such intervals that the execution of the punishment does not cause his death;
(c) if the convict is ill, the execution of the punishment shall be postponed until the convict is certified by the authorized medical officer to be physically fit to undergo the punishment;
(d) if the convict is a woman who is pregnant, the execution of the punishment shall he postponed until the expiration of a period of two months after the birth of the child or miscarriage, as the case may be;
(e) if at time of the execution of the punishments the weather is too cold or too hot; the execution shall be postponed until the weather has become normal;
(f) the punishment shall he executed in the presence of the authorized medical officer at such public place as the;
(g) Provincial Government may appoint for the purpose the person appointed to execute the punishment shall be impartial and of mature understanding;
(h) he shall apply the whip with moderate force; without raising his hand above his head. so as not to lacerate the skin of the convict;
(i) after he has applied a stripe he shall raise the whip aloft and shall not pull it off;
(j) the stripes shall be spread over the body of the convict so however, that the stripes shall not be applied on the head face, stomach or chest or the delicate parts of the body of the convict;
(k) such clothes of the convict shall be left on the body of the convict as are required by the Injunctions of Islam to be put on;
(I) the stripes shall be applied, in the case of a male while he is standing and, in the case of female, while she issuing; and
(m) if after the execution of the punishment has commenced the authorized medical officer is of the opinion that there is apprehension of the death of the convict, the execution of the punishment shall be postponed until the authorized medical officer certifies him physically fit to undergo the remainder of the punishment.
Custody of Convict Pending Execution of Punishment etc:
1. In the case of a convict to whom only the punishment of whipping has been awarded, he shall, until, the execution of the punishment is completed, be dealt with as it sentenced to simple imprisonment.
2. If, in the opinion of the authorized medical officer, a convict cannot, because of old age, ill health or for any other reasons, undergo the whole or any part of the punishment of whipping, the case shall be referred to the Court which may order the execution of the punishment in such manner as it may deem fit.