Unconstitutional Legal Injustices under Zia’s Regime: Critical Hermeneutics of the Zina Ordinance

Abstract

Pakistan has a history of political movements and rules, where Islam has been used as a tool to manipulate and impose laws that people may not challenge, because of the sensitivity of the label of religion attached to it. General Zia ul-Haq came to power in 1977 and imposed Islamization, which had disproportionate effects on women in Pakistan. The Zina Ordinance further institutionalized sexism and misogyny, and did not allow women to access justice. Victims of rape and violence, especially those who belonged to lower class, were vulnerable under the ordinance. Drawing from the scholarship of different authors who have extensively analysed the implications of the Zina Ordinance on women, this study examines the ordinance in the light of Pakistan’s constitutional commitments of equality and protection for all. By using the paradigm of intersectionality, and media analysis, critical hermeneutics of the Zina Ordinance, and expert interviews as key methodological tools, this study endeavours to assess the implication of the Zina Ordinance on women and their access to social justice, democracy, law, and the teachings of Islam related to zina.

Presenters

Sumair Nizamuddin
Student, MA - Islamic Studies and Humanities, The Institute of Ismaili Studies - SOAS University of London

Details

Presentation Type

Paper Presentation in a Themed Session

Theme

The Politics of Religion

KEYWORDS

Islam, Hudood Ordinance, Zina, Rape, Patriarchy, Constitution

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