New Development in Sharia Rape Law in Pakistan

In Pakistan under the Islamic Hudood Ordinances, which were introduced by a military ruler in 1979, a rape victim had to produce four male witnesses to prove the crime, or face the possibility of prosecution for adultery.  Very recently Pakistani government with its vision of "enlightened moderation" for a predominantly Muslim country finally made good its long-stated promise to amend the infamous Hudood Ordinances of 1979. While the National Assembly was adopting the reform oriented Women's Protection Bill 2006, the religious Opposition are sharply denouncing this reform claiming that it would turn Pakistan into a "free sex zone."

He held that earlier the Divine and man made laws were combined, which is wrong. " We have brought no change in Hudood ordinance and only we have expunged man made Tazeerat from it", he added.

When punishment for Hudood is incorporated in Hudood ordinance, there is no reality in it that Zina bil Jabbar has been excluded from WPB. We have incorporated punishment which is similar to lashing with stripes.

In debate on this change, Minister for Law and Justice, Wasi Zafar said Hudood ordinance was Un-Islamic while Women Protection Bill (WPB) is in conformity with Islam, Quran and Sunnah. He was of the opinion that Hudood ordinance has led to spread of obscenity in streets and mohallas. When drinking alcohol was banned, the use of heroin became widespread.

The New York Times and International Herald Tribune have also reported on this development. 
Pakistani legislators also voted to drop the death penalty and flogging as punishments for extramarital sex and outlaw sex with girls under the age of 16.

The new legislation, enacted after a bitter battle between moderates and hardline Islamic fundamentalists, gives judges discretion to try rape cases in a criminal rather than Islamic court, where women have to present at least four male witnesses for a conviction.

Nonetheless, this new penal reform changes previous sentencing system which was shaped by Sharia Hodoud Rulings and was requiring complainants to produce four male witnesses or else stand accused of adultery. This reform will have far-reaching implications as it criminalizes rape under Pakistan's civil penal code, taking it away from the purview of Sharia rape injunctions. The MMA, a coalition of six religious parties, strongly protested against this amendment and walked out of Parliament. Maulana Fazlur Rehman, who is also the leader of the Opposition, warned that it was "an attempt to create a free sex zone in Pakistan."
For Instance, Hafiz Hussain Ahmed, who is also the deputy chief of a six-party coalition Mutahida Majlis-e-Amal (MMA), said he plans to send his resignation to the alliance's leadership and the speaker of the lower house of parliament. Pro-Islamic lawmakers, however, threatened to block the bill's passage in the Senate.
Under the changes, consensual sex outside of marriage is still considered a crime, but punishable by five years in jail or a 10,000 rupees (US$ 165; Euro 129) fine instead of death or flogging, said a parliamentary official, who spoke on condition of anonymity because he was not authorized to speak to the media.
The new changes in rape law, however, fall short of the demand by human rights groups and civil society organisations that the Hudood laws be repealed altogether. For a recent comprehensive analysis and review of the Hudood Ordinance 1979 in Paksitan and also the leading Court cases, see this report here.