structure. Islamization of the criminal law has
shown clearly that there are differences of opinion
concerning the interpretation of the Sharì≠a. The
Islamization has affected women mainly through
the aspects of criminal law described in this entry.Law of rape
With the Islamization of the law changes were
introduced in the law of rape making it part of the
ordinance called The Offence of Zina (Enforce-
ment of Hudood) Ordinance, VII of 1979 (the term
zinàencompasses adultery, fornication, rape, and
prostitution), and requiring Islamic standards of
proof and punishments. The ordinance makes for-
nication and adultery, which were not regarded as
crimes in Pakistan before 1979, crimes similar to
that of rape. The ordinance has the following con-
sequences: first, it is impossible to inflict the severe
™addpunishment on the rapist because of the high
standard of proof required. Second, for ™addpun-
ishment a woman’s evidence has no value, in other
words, the testimony of rape victims has less weight
than the testimony of Muslim males. Third, for
punishment of rape under ta≠zìr a woman runs the
risk of being accused of fornication/adultery if she
fails to convince the court that rape has taken place.
Fourth, the offence of fornication/adultery lies so
close to the offence of rape that the severity of the
rape offence as a serious crime is reduced.Law of murder
The Criminal Law Amendment Ordinance VII of
1990, popularly known as the Qisas and Diyat
Ordinance, subsequently became the Criminal Law
Amendment Act 1997, which was passed without
significant parliamentary or public debate. As part
of the process of Islamization, it replaced the sec-
tions of the Pakistan Penal Code relating to murder
and manslaughter and covers all offences against
the human body. One profound change it effected
is that direct control over cases involving murder
does not lie with the state. Under Islamic law, the
punishment for murder can either be in the form of
qißàß(equal punishment for the crime committed)
or diya(compensation payable to the victim’s legal
heirs). The act discriminates against women as vic-
tims and as heirs of victims.
The new law sets diyaor blood money as pun-
ishment for unintentional murder (qatl bi-sabab)
and in certain categories of murder (for example
grave and sudden provocation) the court only has
discretion to award diyaand imprisonment of up to
14 years as ta≠zìr. This is detrimental to the rights of
women and the poor. Moreover, if a husband mur-
ders a wife by whom he has a child the case is408 law: criminal
treated differently from instances where strangers
are involved; he cannot be sentenced to a normal
penalty of death under section 302 of the Pakistan
Penal Code. Instead a lesser punishment of diyais
enforced, approximately US$ 4,500, and the court
may additionally sentence him up to a maximum of
14 years imprisonment.
Women as the heirs of victims are also discrimi-
nated against under this law. In the matter of the
disbursement of diyawomen have been treated
unequally or altogether excluded:
(1) The law has made offences relating to the
human body compoundable. Legal heirs have the
right to negotiate with the offender under sections
309 and 310. Under section 309, legal heirs can for-
give the murderer in the name of God without
receiving any monetary compensation in the form
of diya, while under section 310 the legal heirs can
compromise after receiving diyain their respective
shares. The minimum value of the blood-money is
provided for under Section 323 PPC and is fixed
by the federal government for each fiscal year.
This varies according to the price of silver. The
criteria for the distribution of blood-money are to
be decided in accordance with the inheritance
shares of men and women in Islam, which are not
equal.
(2) In the matter of the compounding of qißàß
(ßul™) in qatl-i-amd, a mother of minor children
having the right to waive qißàßmay be excluded
from speaking or deciding on behalf of her children.
Under section 310, the right to compound qißàßin
qatl-i-amdrests with the walì(heir). Under section
310(2) read with section 313, if a walìis a minor or
insane, the right to compound vests in their father
or in his absence in the paternal grandfather. If the
minor or insane person has no living father or
grandfather, the right to compound qißàßdevolves
upon the government, thus excluding altogether the
mother and grandmothers.Witnesses
The 1984 Evidence Act, known as the Qanun-e-
Shahadat Order brought in substantial amend-
ments to the 1872 Evidence Act. Section 17 of the
1984 act provides that in “matter pertaining to
financial or future obligations,” the testimony of
“two men, or one man and two women” is
required; and in all other matters, the testimony of
one man or one woman, according to what the
court may accept. In ™udùd cases women are not
considered capable of appearing as witnesses at all
for the crimes mentioned in the four ordinances,
namely, the Offences Against Property (Enforce-
ment of Hudood) Ordinance, VI, 1979; the Offence