This feature is dedicated to creating awareness about the first organized media campaign originating from Pakistan about a public policy issue. 

The independent Pakistani media channel, GEO TV, has undertaken an initiative on the Hudood Ordinance, a set of controversial laws, promulgated by Gen Zia-ul-Haq in 1979 with an aim to bring the existing laws in conjunction with the teachings of the Quran and Sunnah.

Since their inception, the Hudood Ordinance has come under fire not only from human rights activists but also from religious scholars who deem it to be a skewed representation of the Islamic texts.

The Hudood consists of 5 Ordinances:

1. The Offence of Zina Ordinance
2. Prohibition Ordinance
3. The Offence Against Property Ordinance
4. Offence of Qazf Ordinance
5. Execution of Punishment of Whipping Ordinance

The case that highlighted national and international protest against the Zina Ordinance was the Safia Bibi case in 1983 where a 13 year old blind girl alleged rape by her employer and his son, but was herself charged for adultery under the Zina Ordinance while the rapists were acquitted. Many independent organizations, activists, and thinkers have searched for an opportunity to discuss the problems associated with the Hudood Ordinances for over two decades. Such a wide scale and public forum such as GEO’s campaign (including full page ads in nation’s dailies as well as commercials and hour-long programs), however, has never been used to re-evaluate the much debated Hudood laws.

The entire country seems to be going through an inflection point with its recent media boom (40 private channels have been added to Pakistan’s booming media space) as it learns to debate and discourse at a level unprecedented and on topics which in the past have divided the nation. While many want immediate change, and others simply want amendments, the first step for all Pakistanis is to open up the option for debate and discussion for such a sensitive and now politicized topic.

Geo has done its homework and identified, through experts and opinion leaders, what the major issues are with the five ordinances in the Hudood.  Geo is not postulating any answers or resolutions itself, but is creating debate, and televising the discussions so that viewers can get involved, or at least start to "Think" which is the entire purpose of their campaign "Zara Sochieye" (Think).  The issues noted thus far are:

1. Hudood Ordinance is presented as a Divine law that cannot be touched. The question is, is it a Divine Law?

2. The Hudood Ordinance treats Zina and Zina bil Jabr in a similar way as far as the requirements of evidence and the nature of punishments are concerned. Should Zina and Zina bil Jabr be treated in the same manner?

3. Qazf is a law that applies against those who falsely accuse someone of zina. It is presented in the Hudood Ordinance as a separate ordinance than the Zina Ordinance and it states that once the case has run its course and it is found that the accused is not guilty then the accused has to file a separate case against the person who falsely accused her/him. Should Qazf apply automatically or should there be a separate Ordinance for it?

4. The Zina Ordinance in the Hudood Ordinance prescribes the punishment of Rajam (stoning to death) as the Hudd punishment for a married man and / or a married woman if found guilty of Zina or Zina bil jabr liable to hudd. Is this a punishment prescribed in the Quran?

5. Evidence by women is unacceptable for a crime to be liable to hudd punishment for all ordinances within the Hudood Ordinance. Women as witnesses do not fulfill the criteria for a punishment to be liable to hudd and in the case where women do provide evidence, the case is automatically tried under tazeer.

6.  How does the Hudood Ordinance apply to Non Muslims? Do Non Muslims come under the ambit of the Ordinance? For a crime to be liable to hudd punishment, why is a Non Muslim’s evidence accepted ONLY when the accused is a Non Muslim? Why can’t Non Muslims be accepted as witnesses for hudd crimes if the law is to apply to them as well?

Geo is hosting a range of programs, inviting guests with a wide range of expertise and recognition in different areas of the subject, as well as opening up its website www.geo.tv/zs for the general public to opine on these issues.

In the interest of breaking through the apathy which prevents us from thinking about how certain aspects of our country's laws and regulations may need to change, we encourage all of you reading this feature to engage in this thinking campaign with Geo.  Let's really think about what it is that we are allowing as a nation by not thinking and doing anything about controversial laws such as the Hudood Ordinance.