Statement of Objects and Reasons

8/6/2019 Statement of Objects and Reasons

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question 1 exophoric reference

exophoric and homophoric references are those that are to be found outside

the verbal text. there are two main places to look for these identitites

1.

outside in the culture2. outside in the situation of speakingthe exophoric references are harder to illustrate in a text which is so

self sufficient. (Martin , Rose,2003)

y locative and demonstrative referencesone (constitutional objective

The language of the text is simple and direct however the section which deal

with topics normally considered taboo in the Pakistani society have been dealt

with in a frank and direct way yet cause no offense to the public sensibilities

as the language is not very explicit and much has been said keeping in mind

the intertexuality of the text. For example the section which deals with zina as

a heinous crimes considers zina an offence against public morality Imran p.80The Ordinance makes Zina an offence against the state, unlike the British law hitherto in force,

which considered adultery a matter of personal offence against the husband.11

but doesnot

explain it. The societies of the world where sexual orientations and sexual

behaviour are increasingly being accepted and where public indecency

regulations are not very strict public indecency regulations. the text also talks aboutrequirement of four witnesses nad one commits an act but the act has not been defined and

the definition has been left vague if we compare it to the uk law on sexual offences Assault

by penetration. Also explicit can be understood in comaparison with another text.

(1)A person (A) commits an offence if

(a)he intentionally penetrates the vagina or anus of another person (B) with a part of his body

or anything else,

(b)the penetration is sexual,

(c)B does not consent to the penetration, and

(d)A does not reasonably believe that B consents.

we feel that the Pakistani text uses a generic term of act.

the feminist discourse comes into play when the text talks of persecuting woman and settling

vendettes. this is when a reference is made to the entities in the background culturalknowledge(Cutting Joan) So the reference is also intertextual. A outsider may not be fuly

aware of how the law has been tampered with in Pakistan. However the feminist and the


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human rights organizations have been struggling to repeal these laws that have been heavilymiscontrued Imran Rahat

gender-discriminatory nature of these laws serves as a powerful weapon in the hands of the

patriarchal society of Pakistan to subjugate women.

http://www.legislation.gov.uk/ukpga/2003/42/section/2

the text is quite interdiscursive because ethe very promulgation of the laws have beenregarded as having political intentions as Imran quotes Ayesha JALAL WHO SAYS (P

86)She says "realizing that very few had been persuaded, the General, a wily social tactician,

calculated that playing the women's card could confirm his regime's commitment to Islam and,

by extension, its legitimacy".31

the lumping of the offence of zina with zina bil jabr

For an outsider it is hard to decipher that how an act of consentual sex by two

adult can be confused in law by with the exploitative act of rape. The

consenting adults who comit an act can not be equated with the perpetrators

of crime and how can the proof of the two be the same

http://goliath.ecnext.com/coms2/gi_0199-2054306/Public-sex-acts-a-

problem.html

STATEMENT OF OBJECTS AND REASONS

One of the avowed constitutional objectives of the Islamic Republic of Pakistan is to enableMuslims to ordertheir lives in the individual and collective spheres in accordance with the

teachings and requirements of Islam as laid dowm in the Holy Qur'an and Sunnah.

lexical gram intertext cohesive devices

endphoric _anaphoric

their

there is a shared

cultural knowledgeof the sovereignty

of Allah in theminds of people

therefore the having

islam as the basic

theme is not

surprising for them

at all.

their is the anaphoric reference as it links with another referring expression with in the

co-text, we say it is cohesive with the previous mention of the referent in the text.


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The Constitution, accordingly, mandates that all existing laws shall be brought in conformitywith the injunctions of Islam as laid down in the Holy Qur'an and Sunnah.

The object ofthis Bill is to bring the laws relating to zina and qazf, in particular, in

conformity with the stated objectives ofThe Islamic Republic of Pakistan and the

constitutional mandate and in particular to provide relief and protection to women against

misuse and abuse of law.


this bill anaphoric

reference

here the situational

knowledge entails

that the lawa are

detrimental to the

rights of the women

in paki

accordingly displays

internal cohesion as

it shows a logical

consequence

in particular is a an

internal conjuction

and shows rework.

inter discursive here

the theme of

religion law and

jurisprudence is

combined with the

feminisitic

discourse

The offences of zina and qazf are mentioned in the Qur'an.The two ordinances relating to

zina and qazf, however, make a number of other acts punishable in spite of the fact that the

Qur'an and Sunnah neither define these offences nor has any punishment forthem been

prescribed. On no principle of qiyas can the punishments for zina and qazf or the procedure

identified fortheir proof be extended to these offences.

lexical gram these them

anaphora

or is an conjuction of

alternation

intertext cohesive devices

On no principle of qiyas can the punishments for zina and qazf

or the procedure identified fortheir proof be extended to these offences. (internal logic of

discourse ) the sentence is hypotactic as

no principle of qiyas extends

either the punishments for zina

or the procedure for their proof


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Any offence not mentioned in the Qur'an and Sunnah or for which punishment is not statedtherein is Ta'zir which is a subject of State legislation. It is for the State both to define such

offences and to fix punishments forthese. The exercise of such authority by the State is inconsonance with Islamic norms which the State is authorized to both define and punish.

Accordingly, all these offences have been removed from the two Hudood Ordinances and

inserted in theirproper places in the Pakistan Penal Code, 1860 (Act XLV of 1860)

hereinafter "PPC".


the use of the words

like therein also point

to the legal discourse

exophora because

tazir is a new concept

Accordingly

Any offence not mentioned in the Qur'an and Sunnah

or for which punishment is not stated therein is Ta'zir

which is a subject of State legislation

The offences listed in sections 11 to 16 of the Offence of Zina (Enforcement of Hudood)Ordinance, 1979 (VII of 1979) hereinafter "Zina Ordinance" are Ta'zir offences. All these are

being inserted as sections 365B, 367A, 371A, 371B, 493A and 496A of the Pakistan PenalCode, 1860 (Act XLV of 1860). Sections 12 and 13 of the Offence of Qazf (Enforcement of

Hadd) Ordinance, 1979 hereinafter 'Qazf Ordinance' are being omitted. This is being done asthe definition of qazf in section 3 ofthat Ordinance is wide enough to cover the qazf

committed by printing or engraving or sale of printed and engraved material.


these

No change is being made in the language of the statutory definition of any ofthese Ta'zir

offences or the punishment provided forthese, save one. The punishment of whipping isbeing deleted (or these Ta'zir offences. As the Qur'an and Sunnah do not provide for any

punishment with regard to these offences the State is authorized to make this change inconformity with the Islamic concept of justice. This is in accordance with the scheme of the

PPC and the evolving standards of decency which mark the progress of a maturing society.

lexical gram

elliptical

save one as is a

conjunction ogsimultanrouty



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The Zina Ordinance also defines "marriage" as a valid marriage. In rural areas, in particular,nikahs generally and divorces particularly are not registered. It becomes difficult for a

person charged with zina to establish "valid marriage" as a defence. Non-registration has itscivil consequences. These are sufficient. Failure to register a nikah or have a divorce

confirmed should not entail penal consequences. This is in consonance with the Islamic normthat Hadd should not be imposed whenever there is any doubt about the commission of the

offence. The misuse of the law in suchcases has made it an instrument of oppression in the

hands of vengeful former husbands and other members of society.

lexical gram

cases is a genrla term

for all the times when

there is doubt in the

commission of the

ooffence


also . in particular,

such

A triple talaq is pronounced. The woman returns to her parental home. She goes through her

period of iddat. After a while the family arranges another match and she gets married. The

husband then claims that sans the confirmation of divorce by the local authorities the

marriage is not over and launches a zina prosecution. It is necessary to delete this definition

to shut this door.


the woman (is a

general term to show

those on whom triple

talaq has beenpronounced)

she is anaphoric After, then

After a while the family arranges another match

and she gets married (hypotactic)

The husband then claims is linked to the previous situation where the woman has remarried


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that sans the confirmation of divorce by the local authorities the marriage is not over andlaunches a zina prosecution

There is no hadd for the offence of zina-bil-jabr (rape). It is a Ta'zir offence. The definition

and punishment of rape is, therefore, being incorporated in the PPC in sections 375 and 376

respectively. The gender neutral definition is being amended to clearly provide that rape IS

an offence committed by a man against a woman. As consent of the woman is a defence tothe charge of rape it is being provided that such consent would not be a defence if the woman

is less than 16 years of age. This accords both with the need to protect the weak, which the

Qur'an repeatedly emphasizes, and the norms of international legal obligations.

both is cataphoric reference

The punishment for gang rape is death. No lesser punishment is provided.The courtsheating such cases have observed that in many situations they are of the opinion that a person

cannot be acquitted while at the same time imposing the death penalty is not warranted inthe fails and circumstances of the case. The result is that they feel obliged to acquit the

accused in Stan cases. To address this concern, the lesser sentence of life imprisonment is

being added as an alternative to the death penalty.

The procedure for the prosecution ofTa'zir offences of zina-bil-jabr (rape) and gang rape,

like that for all otherTa'zir offences under the PPC, is to be regulated by the Code of

Criminal Procedure, 1898 (Act V of 1898) hereinafter "Cr. P.C.".

Lian is a form of dissolution of marriage. A woman who is accused of adultery by her

husband and denies the charge can seek dissolution ofher marriage. Section 14 of the Qazf

Ordinance refers to lian and also provides a procedure forit. A form of dissolution of

marriage has no place in a penal statute. Accordingly, lian has been introduced as a ground

for divorce under the Dissolution of Muslim Marriages Act, 1939 (VIII of 1939).

the charge is substituting meaning denies adultery

The definition of zina and qazf remain the same as in the Zina and Qazf Ordinances. For both

zina and qazf the same punishments have been retained, as well.

Zina is a heinous crime that corrupts public morals and destroys the sense of modesty. The

Qur'an regards zina an offence against public morality. The requirement of four eyewitnesses

is not solely an evidentiary burden of extra-ordinary weight. It is also an assertion that if

contrary to the hadith, "Allah loves those who hide their sins", one commits an act in so

blatant a fashion that four people see it, the harm to society must be serious indeed. At the

same time, the Qur'an protects privacy, prohibits baseless assumptions and inquisition and

forbids interference in the life of others. It is forthis reason that a failure to prove zina entailspunishment for qazf (false accusation of zina). The Qur'an requires the complainant to bring

four eye-witnesses to prove the accusation of zina. The complainant and the witnesses must

be conscious of the seriousness ofthis offence and must know that ifthey make a false

accusation or cannot prove the charge beyond doubt they will be punished for qazf. The

conviction will follow the failure of the zina prosecution and will not be contingent on the

initiation of fresh legal proceedings.


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The Zina Ordinance has been abused to persecute women, to settle vendettas and to denybasic human rights and fundamental freedoms. To checksuch abuse both in the case of zina

and qazf the Cr. P.C. is being amended to provide that only the Court of Sessions, on acomplaint, may take cognizance ofsuch cases. The offence has been made bailable so that

the accused do not languish in jail during trial. The police will have no authority to arrest any

one in such casesunlessso directed by the Court of Sessions and such directions cannot be

issued except either to compel attendance in court or in the event of a conviction.

such

The primary object of all these amendments is to make zina and qazf punishable only in

accordance with the Injunctions of Islam as laid down in the Holy Qur'an and Sunnah, to

prevent exploitation, curb abuse of police powers and create a just and egalitarian society.

Documents

Statement of Objects and Reasons