General Zia-ul-Haq's Islamization
On
December 2, 1978, on the occasion of the first day of the Hijra to enforce the Islamic system in Pakistan in a nationwide address, Zia accused politicians of exploiting the name of Islam: "
Many a ruler did what they pleased in the name of Islam."
After assuming power, the government began a program of public commitment to enforce Nizam-e-Islam (Islamic System), a 180 degree turn from Pakistan's predominantly Anglo-Saxon Law, inherited from the British. As a preliminary measure to establish an Islamic society in Pakistan, General Zia announced the establishment of Shariah Benches.
Under Offenses Against Property (Enforcement of Hudood Ordinance 1979), the punishment of imprisonment or fine, or both, as provided in the existing
Penal Code of Pakistan for theft, was substituted by the amputation of the right hand of the offender from the joint of the wrist by a surgeon. For robbery, the right hand of the offender from the wrist and his left foot from the ankle should be amputated by a surgeon.
Hudood (, also transliterated
Hadud,
Hudud; plural for
Hadh, , limit, or restriction) is the word often used in Islamic social and legal literature for the bounds of acceptable behaviour. Although the punishment were imposed but the witnesses and prosecution system remained Anglo-Saxon. As in Islamic laws Hudud can only be given if 4 winesses saw the crime happen. In reality hardly anyone can be punished by Islamic Hud laws as very rarely can the conditions for punishment be met.
In legal terms, (Islamic law being usually referred to as
Sharia, ) the term is used to describe laws that define a certain level of crime classification. Crimes classified under
Hudud are the most severe of crimes, such as murder,
theft, and
adultery. There are minor differences in views between the four major
Sunni madhhabs about sentencing and specifications for these laws. It is often argued that, since
Sharia is God's law and states certain punishments for each crime, they are immutable. It has been argued by some, that the Hudud portion of Sharia is incompatible with
humanism or human rights. Although the Hud punishment were imposed but the Islamic law of evidence was not implemented and remained British in origin.
Drinking of
wine (i.e. all
alcoholic drinks) was not a crime at all under the
Penal Code of Pakistan. In 1977, however, the drinking and selling of wine by Muslims was banned in Pakistan and the sentence of imprisonment of six months or a fine of Rs. 5000/-, or both, was provided in that
law.
Under the Zina Ordinance, the provisions relating to adultery were replaced so that the women and the man guilty will be flogged, each of them, with one hundred lashes, if unmarried. And if they are married they shall be stoned to death. Stoning to death cannot be found in Quran, but in the authentic
Hadith literature.
The Pakistan Penal Code (PPC) and the Criminal Procedure Code were amended, through ordinances in 1980, 1982 and 1986 to declare anything implying disrespect to Muhammad, Ahle Bait (family of Muhammad), Sahaba (companions of Muhammad) and Sha'ar-i-Islam (Islamic symbols), a cognizable offence, punishable with imprisonment or fine, or with both.
Another addition to the laws was
Ordinance XX OF 1984. Under this,
Ahmadis were barred from calling themselves Muslims, or using Islamic terminology or practicing Islamic rituals. This effectively resulted in turning the Ahmadiyya community of Pakistan into outlaws.