Shariat court declares that every Muslim woman must be presumed chaste

The FSC on a judgement delivered recently defined what chastity is.

Shariat court declares that every Muslim woman must be presumed chaste

The Federal Shariat Court (FSC) stated on Tuesday that every Muslim woman must be presumed chaste. It was declared that the Islamic concept of ‘Al Ihsan’ requres muslim men to abstain from questioning a woman’s character without evidence.

The FSC on a judgement delivered recently defined what chastity is. It was said that chastity is a quality that is held by someone pure, modest or celibate. ‘A virgin is an example of chastity. Faithful married couples are example of chastity,’ it was further stated.

In its verdict on a petition, that was filed by Saira Rauf of Chakwal against a decision of the additional district and sessions judge in a case that was brought by her ex-husband, the court said that a presumption of chastity is applicable to every Muslim under the  concept of ‘Al-Ihsan.’

Accoding to Saira, her marriage to her former husband Asad Tahir, was dissolved in 2017 through Khula. The end of their marriage led to a round of litigations over the custody of their sons, aged 12 and 16, before a guardian judge in Chakwal.

Saira Rauf filed a criminal complaint under Section 8 of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 before the sessions judge Chakwal. However, he rejected it based on the statement of the complainant and two other witnesses.

Later, Asad Tahir issued an apology before the court regretting that he had used indecent words.

The Shariat court remanded the case to the trial court, setting aside the additional session judge’s order. It was asked to decide the matter with in a period of 90 days.

The trial court was aslo directed to record the statements of the complainant along with evidence of the two witnesses according to the Section 6 of Qazf Ordinance. The FSC asked the court to determine if the crime of Qazf which liable to be punished as Hadd, was actually committed or not.

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