(b) hadd” means punishment ordained by the Holy Quran or Sunnah;
1* * * * * * *
(d) “Muhsan” means
(i) a Muslim adult man is not insane and has had sexual intercourse with a Muslim adult
woman who at the time he had sexual intercourse with her, was married to him and was
not insane; or
(ii) a Muslim adult woman who is not insane and has had sexual intercourse with a Muslim
adult man who, at the time she had sexual intercourse with him, was married to her and
was not insane; and
1* * * * * * *
4. Zina. A man and a woman are said to commit ‘zina’ if they willfully have sexual intercourse
without being 1* married to each other.
1* * * * * * *.
5. Zina liable to hadd.(1) Zina is zina liable to hadd if:
(a) it is committed by a man who is an adult and is not insane with a woman to whom he is
not, and does not suspect himself to be, married; or
(b) it is committed by a woman who is an adult and is not insane with a man to whom she is
not, and does not suspect herself to be, married.
(2) Whoever is guilty of zina liable to hadd shall, subject to the provisions of this Ordinance:
(a) if he or she is a ‘muhsan’ be stoned to death at a public place; or
(b) if he or she is not a ‘muhsan’ be punished, at a public place, with whipping numbering one
(3) No punishment under subsection (2) shall be executed until it has been confirmed by the
Court to which an appeal from the order of conviction lies: and if the punishment be of whipping,
until it is confirmed and executed, the convict shall be dealt with in the same manner as if sentenced
to simple imprisonment.
2* * * * * * *
2[“5A. No. case to be converted, lodged or registered under certain provisions. No complaint
of zina under section 5 read with section 203A of the Code of Criminal Procedure, 1898 and no case
where an allegation of rape is made shall at any stage be converted into a complaint of fornication
under section 468B of the Pakistan Penal Code (Act XLV of 1860) and no complaint of fornication
shall at any stage be converted into a complaint of zina under section 5 of the Offence of Zina
(Enforcement of Hudood) Ordinance, 1979 (Ordinance No. VII of 1979) or an offence of similar
nature under any other law for the time being in force.”].
1 Omitted by Act VI of 06, ss. 1011& 12.
2 Ins. & omitted by Act VI of 06, s. 12, A13.
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