Every Muslim woman must be considered chaste, declares FSC
Pakistan
Chastity is a quality held by someone pure, modest or celibate.
ISLAMABAD (Web Desk) – The Federal Shariat Court (FSC) has declared that every Muslim woman must be considered chaste, saying that the Islamic concept of “Al Ihsan” requires Muslim men to refrain from questioning a woman’s character without evidence.
“Chastity is a quality held by someone pure, modest or celibate. A virgin is an example of chastity. Faithful married couples are examples of chastity,” the FSC said in its judgement delivered on Tuesday.
The FSC gave the ruling on a petition filed by Saira Rauf of Chakwal against a decision of an additional district and session’s judge in a case brought by her former husband, Asad Tahir.
Saira pleaded before the FSC that her marriage to Asad was dissolved by way of Khula in 2017. The dissolution led to litigations over the custody of their two sons, aged 16 and 12, before a guardian judge in Chakwal.
Asad, while submitting his affidavit before the judge, questioned Saira’s chastity.
She filed a criminal complaint under Section 8 of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979, before the session’s judge, but he rejected it after recording a statement of the complainant and two other witnesses.
Later the petitioner’s ex-husband tendered an apology before the court, regretting that he had uttered indecent words against his former wife.
The court set aside the additional session’s judge’s order and remanded the case to the trial court, asking it to decide the matter within 90 days.
The trial court was also asked to record the statements of the complainant, along with the evidence of two witnesses, in accordance with Section 6 of the Qazf Ordinance.
The FSC directed the trial court to determine whether the crime of Qazf, liable to be punished as Hadd, was committed or not.
