Q Define and explain Qafz. How is it proved and what is its punishment. (2003) 92003/S) (200) (2002/S) (2001) (1997) (2004/S) (2005/S) (2007/A)View more random threads:
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Q Define Qazaf liable to hadd and proof required for it?
Q What is it punishment? (2006/A)
1. Introduction:
“ They who define virtuous woman and bring not four witnesses, scourge them with fourscore stripes and receive be not their testimony forever, for are perverse person. “(Ai-Quran)
If a person accuses another of fornication or adultery, he is required to support his accusation by procuring four reliable witnesses. If he is unable to do so he is guilty of Qazf.
2. Relevant Provisions:
Following are the relevant provisions of concerned ordinance the topic of Qafz.
Section 3 t0 8 offence of Qazf (Enforcement Hadd) ordinance VIII of 1979.
3. Definition Of Qazf U/Sec 3:
“Whoever makes or publishes an imputation of Zina concerning any person intending to harm or knowing or having will harm the reputation or hurt feelings of such person is said to commit Qafz.”
(I) Ingredients Of Sec. 3:
(i) Making or Publishing of Imputation of Zina:
There must be making or publishing of imputation of Zina the team publish means that it must be communicated to some person other than the person to whom it is addressed.
(ii) Concerning Any Person:
Imputation of Zina must be against some particular person or person whose identity can be established.
(iii) Intention or Knowledge to Harm or Hurt the Reputation or Feelings:
it is sufficient to show that the accused intended to harm or knew or had reason to believe that the imputation made by him would harm the reputation or hurt the feelings of the complainant.
According to Explanation 1 of sec. 3, It may amount to Qafz to impute Zina to a deceased person, if the amputation would harm the reputation or hurt the feelings of that person if living and is harmful to the feelings of his family or other near relatives.
(iv) Modes of Imputation:
Imputation of Zina may be made in either the following modes.
a. By words, which may be either spoken or intended to be read.
b. By signs or visible representation that will include every possible form of imputation.
According to explanation 2 of sec. 3 , An imputation in the form of an alternative or expressed ironically may amount to Qazf.
“Mushtaq Ahmad vs state 1991”
“ It was observed that direct allegation of Zina against a person is not necessary to hold a person liable under Qazf rather than offence can be committed in any of the modes in sec. 3 of the ordinance.”
(II) Exceptions:
Following are the exception to the offence of Qazf u/sec 3.
(i) Imputation of Truth Which Public Good Requires to be Made:
It is not Qazf to impute Zine to any person if the imputation be true and made or published for the public good
(ii) Accusation Preferred in Good Faith to Authorized person:
It is not Qafz prefer in good faith an accusation of Zina against any person to any of other who have lawful authority over that person with respect to the subject matter of the accusation. Good faith dose not merely imply absence of ill-will but pre-supposes reasonable degree of care and caution in making an amputation. (PSC 1984 S.C.1)
Exceptions:
It will amount to Qafz if
a. Complainant makes an accusation in the court but fails to produce four witnesses in support thereof before the court.
b. :Naheed Ahmad vs Mahmood khan (1991)”
“Respondents failed to produce four witnesses in support of their claim. They were held liable for the offence of Qazf.
c. According to the finding of the court, a complaint or a witness has made false accusation or given false evidence, as the case may be, of zina or zina-bil-jabr.
4. Kinds Of Qazf U/Sec 4:
There are two kinds of Qafz.
(i) Qazf liable to hadd
(ii) Qazf liable to Tazir
5.Qazf Liable To Hadd U/Sec 5:
Qazf liable to hadd is constituted when any person, who is an adult, intentionally makes an imputation of Zina liable to hadd against any person who is Muhsan and capable of performing sexual intercourse.
(I) Essentials:
Following are the essential ingredients of section 5.
(i) Imputation Made by Adult:
Imputation of Zine must be made by an adult person.
a. Meaning of Adult u/sec 2(a):
“Adult means a person who is attained the age of majority.”
(ii) Against a Muhsan:
Imputation must be made against a particular person who is a Muhsan.
According to Explanation 1 of sec 5, Muhsan means sane and adult Muslim who either has had no sexual intercourse or has had such intercourse only with his or her lawfully wedded spouse.
(II) Imputation Of illegitimacy:
According to Explanation 2 of sec. 5 if a person makes an imputation in respect of another person, that he is not a legitimate child or refuses to recognize him to be legitimate one, be shall be deemed to have committed Qazaf liable to hadd in respect of the mother of that other person.
5. Proof Of Qazf Liable To Hadd U/Sec 6:
Qazf liable to hadd shall be proved any of the following forms.
(I) Confession:
The accused makes before a court of competent jurisdiction a confession of the s commission of the offence.
(II) Qazf In Presence Of Court:
If the accused commits Qazf in the presence of the court, then he shall be liable to Qazf liable to hadd.
(III) By Evidence Of Witnesses:
Qazf may also proved by the evidence of at-least two witnesses.
(i) Requirements Regarding Witnesses:
a. Witnesses must be male.
b. They must be Muslim, but if the accused is non-Muslim the witnesses may be non-Muslims.
c. They must be adult.
d. They must not be the victim of the qazf.
e. The court must be satisfied about them, having regard to the requirements of tazkiyah-al-shahood, that they are.
Truthful persons and
Abstain form major sins.
6. Punishment Of Qazf Liable To Hadd U/Sec 17:
Whoever commits qazf liable to hadd, shall be punished with.
(i) Whopping numbering eighty stripes, which shall not be executed until it has been confirmed by the court appeal, and
(ii) His evidence shall not be admissible in any court of law.
7. Person Who May File A Complaint U/Sec 8:
Cognizance of offence of Qazf can be taken only on a report made to the police or on complaint lodged in court by either of the following person.
(I) If Victim Is Alive:
If the person in respect of whom the qazf has been committed be alive, them
(i) That person or
(ii) Any person authorized by him
(II) If Victim Is Dead:
If the person in respect of whom the qazf has been committed be dead. Then
I any of the descendants or ascendants of that person.
8. Conclusion:
To conclude, I can say, that the provisions of huddod ordinance are indication of the important position which morality and protection of the family occupied in Islamic law. As a counterweight to the severe punishment imposed on the adulterer, the law stipulates definite requirements for the proof necessary to establish the crime.
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