Qazf-Ordinance-1979-MCQs judiciary
68 questions
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Question 1 of 68
Under the First Exception to section 3, whether or not an imputation is made for the public good is:
ExplanationThe closing words of the First Exception designate it a question of fact.
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Question 2 of 68
Which two expressions were REMOVED from section 2(a) of the Qazf Ordinance by the Protection of Women Act, 2006?
ExplanationTheir removal followed the abolition of tazir under the Qazf Ordinance and the return of zina-bil-jabr to the Pakistan Penal Code as rape.
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Question 3 of 68
The Statement of Objects and Reasons to the 2006 Act states that, for both zina and qazf:
ExplanationThe Statement expressly says the definitions of zina and qazf remain the same and the same punishments have been retained; what changed was the removal of tazir offences and the procedure for prosecution.
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Question 4 of 68
Under section 8(a), where the person against whom qazf has been committed is alive, the complaint may be made by:
ExplanationSection 8(a) allows a complaint by the victim or his authorised representative; section 8(b) deals with the case where the victim is dead.
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Question 5 of 68
Under the second proviso to section 6(1), the statement of the complainant or the person authorised by him:
ExplanationThe order of recording is mandatory under the second proviso.
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Question 6 of 68
How many cases are excepted from the protection of the Second Exception to section 3?
ExplanationThe three are failure to produce four witnesses in Court, a finding of false evidence by a witness, and a finding of a false accusation by a complainant.
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Question 7 of 68
Under Explanation 2 to section 5, a person who imputes that another is an illegitimate child, or refuses to recognise him as legitimate, is deemed to have committed qazf liable to hadd in respect of:
ExplanationExplanation 2 treats an imputation of illegitimacy as an imputation of zina against the mother.
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Question 8 of 68
Under section 6(1)(b), qazf liable to hadd may be proved by the fact that the accused:
ExplanationSection 6(1) provides three forms of proof: confession before a Court of competent jurisdiction, commission of qazf in the presence of the Court, and the testimony of at least two Muslim adult male witnesses.
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Question 9 of 68
The meaning of 'muhsan' in the Qazf Ordinance differs from that in the Zina Ordinance in that:
ExplanationThis is a common point of confusion: the two Ordinances use the same word for different concepts, chastity in one and consummated marriage in the other.
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Question 10 of 68
The Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 is which Ordinance of 1979?
ExplanationThe Qazf Ordinance is Ordinance VIII of 1979, immediately following the Zina Ordinance (VII of 1979) in the Hudood series.
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Question 11 of 68
Under section 6(2), where the Presiding Officer is satisfied that the offence of qazf liable to hadd has been committed, he:
ExplanationSection 6(2) dispenses with proof altogether in that situation - the conviction follows the failure of the zina prosecution without fresh proceedings.
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Question 12 of 68
Under section 6(1)(c), how many witnesses are required to prove qazf liable to hadd by testimony?
ExplanationTwo witnesses suffice for qazf, as against four for zina, and the victim of the qazf is expressly excluded from the count.
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Question 13 of 68
Under section 9(2) as substituted in 2006, where before the execution of hadd the complainant withdraws his allegation of qazf, or states that the accused made a false confession or that a witness deposed falsely:
ExplanationSection 23 of the Protection of Women Act, 2006 substituted sub-section (2). The former power to order retrial or award tazir, and the reference to the number of witnesses being reduced to less than two, were both removed.
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Question 14 of 68
Under section 3, the imputation must be made with intent to harm, or knowing or having reason to believe that it will harm:
ExplanationSection 3 protects both reputation and feelings, which is why Explanation 1 extends the offence to imputations against the dead.
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Question 15 of 68
Section 203B of the Code of Criminal Procedure, inserted by the Protection of Women Act 2006, deals with:
ExplanationSection 203A covers zina, section 203B qazf and section 203C fornication.
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Question 16 of 68
Under section 17(1) as amended, an appeal from an order of the Court of Sessions under the Qazf Ordinance lies to:
ExplanationThe substituted proviso directs appeals to the Federal Shariat Court, as under the Zina Ordinance.
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Question 17 of 68
Under section 1(3), the Qazf Ordinance came into force on:
ExplanationCommencement is fixed at the twelfth day of Rabi-ul-Awwal, 1399 Hijri, that is, 10 February 1979 - the same date as the Zina Ordinance.
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Question 18 of 68
Sub-sections (3) and (4) of section 14, providing for imprisonment of a spouse refusing to go through lian and for punishment of a wife accepting the accusation, were:
ExplanationSection 25 of the 2006 Act omitted both sub-sections. Section 25 was itself among the provisions the Federal Shariat Court declared invalid in December 2010.
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Question 19 of 68
In Schedule II to the Code of Criminal Procedure as amended in 2006, the offence of qazf under section 7 of Ordinance VIII of 1979 is shown as:
ExplanationThe 2006 Act made both zina and qazf bailable and summons cases, with no power of arrest without warrant, precisely to curb abuse.
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Question 20 of 68
Under section 18, the Presiding Officer of the Court trying a case or hearing an appeal under the Qazf Ordinance shall be a Muslim:
ExplanationSection 18 of the Qazf Ordinance contains no proviso, unlike section 21 of the Zina Ordinance, which allows a non-Muslim Presiding Officer where the accused is a non-Muslim.
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Question 21 of 68
How many cases are listed in section 9(1) in which hadd shall not be imposed for qazf?
ExplanationThe three are qazf against a descendant; death of the complainant during the pendency of the proceedings; and proof that the imputation is true.
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Question 22 of 68
Which sections of the Protection of Women Act, 2006 did the Federal Shariat Court declare unconstitutional in December 2010?
ExplanationSection 11 omitted section 3 of the Zina Ordinance, section 25 omitted section 14(3) and (4) of the Qazf Ordinance, section 28 omitted section 19 of the Qazf Ordinance, and section 29 inserted lian as a ground of divorce in the Dissolution of Muslim Marriages Act, 1939.
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Question 23 of 68
Under section 7(3), a punishment of whipping for qazf liable to hadd shall not be executed until:
ExplanationSection 7(3) also provides that, until confirmation and execution, the convict shall be dealt with as if sentenced to simple imprisonment, subject to the provisions of the Code of Criminal Procedure relating to bail or suspension of sentence.
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Question 24 of 68
Under section 7(2), after a person has been convicted of qazf liable to hadd:
ExplanationThe permanent testimonial disqualification in section 7(2) is a distinctive consequence of a qazf conviction.
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Question 25 of 68
The words omitted from section 8 by the Protection of Women Act, 2006 were:
ExplanationThe omission was deliberate: the Statement of Objects and Reasons explains that the police were to have no authority to arrest in zina and qazf cases save as directed by the Court of Sessions.
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Question 26 of 68
Under section 5, qazf liable to hadd is committed by a person who, being an adult, commits qazf:
ExplanationEvery element counts: adult accused, intention, absence of ambiguity, a particular person, muhsan status, and capacity to perform sexual intercourse.
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Question 27 of 68
Section 15 of the Qazf Ordinance, dealing with attempt to commit an offence under the Ordinance, was:
ExplanationSection 24 of the 2006 Act omitted sections 10 to 13 and 15 together.
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Question 28 of 68
Under section 3, qazf is committed by making or publishing an imputation of zina concerning any person, by words spoken or intended to be read, or:
ExplanationSection 3 lists the modes: words spoken or intended to be read, signs, and visible representations.
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Question 29 of 68
Sub-section (2) of section 6, inserted by the Protection of Women Act 2006, applies where the Presiding Officer dismisses a complaint under section 203A of the Code of Criminal Procedure, or:
ExplanationSection 6(2) links the failure of a zina prosecution directly to a qazf sentence, giving effect to the Quranic rule that a failed accusation of zina entails punishment for qazf.
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Question 30 of 68
Under Explanation 1 to section 5, 'muhsan' means a sane and adult Muslim who:
ExplanationThe definition of muhsan in the Qazf Ordinance is chastity-based and differs from the definition in section 2(d) of the Zina Ordinance, which requires intercourse within a valid marriage.
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Question 31 of 68
Under section 9(2) as it stood BEFORE the 2006 amendment, the Court could, on withdrawal by the complainant:
ExplanationThat power disappeared with the substitution of sub-section (2) in 2006, consistently with the abolition of tazir under the Ordinance.
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Question 32 of 68
Under the Explanation inserted into the Dissolution of Muslim Marriages Act, 1939 in 2006, 'lian' means:
ExplanationThe Explanation to the new clause (viia) tracks the substance of section 14(1) of the Qazf Ordinance.
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Question 33 of 68
Under section 17(4), the provisions of which Chapter of the Code of Criminal Procedure do not apply to a punishment awarded under section 7?
ExplanationChapter XXIX of the Code, dealing with suspension, remission and commutation of sentences, is disapplied to the hadd punishment for qazf.
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Question 34 of 68
The stated reason in the 2006 Act for moving lian from the Qazf Ordinance to the Dissolution of Muslim Marriages Act, 1939 was that:
ExplanationThe Statement of Objects and Reasons puts it in exactly those terms.
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Question 35 of 68
Under section 7(1), the punishment for qazf liable to hadd is whipping numbering:
ExplanationEighty stripes is the hadd for qazf. One hundred stripes is the hadd for zina by a non-muhsan.
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Question 36 of 68
Under section 203B(1) of the Code of Criminal Procedure, no Court shall take cognizance of an offence under section 7 of the Qazf Ordinance except on a complaint, subject to:
ExplanationThe opening words of section 203B(1) preserve the operation of section 6(2), under which a qazf sentence may follow directly on the failure of a zina prosecution without a fresh complaint.
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Question 37 of 68
Under section 9(1)(a), hadd shall not be imposed for qazf where a person has committed qazf against:
ExplanationSection 9(1)(a) protects only the case of qazf against a descendant. Qazf against an ascendant is not excepted.
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Question 38 of 68
Section 16 of the Qazf Ordinance, which applied certain provisions of the Pakistan Penal Code to offences under the Ordinance, was:
ExplanationSection 26 of the 2006 Act omitted section 16, which had applied sections 34 to 38, sections 63 to 72, and Chapters V and V-A of the Penal Code, and had made abetment of a hadd offence punishable as tazir.
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Question 39 of 68
On 22 December 2010, the Federal Shariat Court declared how many sections of the Protection of Women Act, 2006 to be in violation of the Constitution?
ExplanationThe Court declared sections 11, 25, 28 and 29 of the Act to be in violation of Article 203DD, and gave the Federal Government until 22 June 2011 to bring the law into conformity.
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Question 40 of 68
Section 19 of the Qazf Ordinance, giving the Ordinance overriding effect, was:
ExplanationSection 28 of the 2006 Act omitted section 19. That omission was among the matters the Federal Shariat Court addressed in its judgment of December 2010.
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Question 41 of 68
Under section 2(b), terms not defined in the Qazf Ordinance take their meaning from:
ExplanationSection 2(b) is a residual definition clause pointing to the Penal Code and the Code of Criminal Procedure.
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Question 42 of 68
Under section 14(1), the procedure of lian applies where a husband accuses before a Court his wife who is:
ExplanationSection 14(1) requires the wife to be a muhsan as defined in Explanation 1 to section 5, and that she does not accept the accusation as true.
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Question 43 of 68
Under section 8 as amended in 2006, proceedings under the Qazf Ordinance may be initiated only on:
ExplanationSection 22 of the Protection of Women Act, 2006 omitted the words 'a report made to the police or', so a police report can no longer set the machinery in motion.
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Question 44 of 68
Under the First Exception to section 3, it is not qazf to impute zina to a person if the imputation:
ExplanationBoth truth and public good are required. Whether it is for the public good is expressly stated to be a question of fact.
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Question 45 of 68
Under section 14(1)(b), after swearing four times that her husband is a liar, the wife says:
ExplanationThe husband invokes Allah's curse (laanat) upon himself; the wife invokes Allah's wrath (ghazab) upon herself. The distinction is a classic examination point.
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Question 46 of 68
Under Schedule II to the Code of Criminal Procedure as amended in 2006, the punishment column for qazf under section 7 of Ordinance VIII of 1979 reads:
ExplanationThe entry states a fixed number of eighty stripes, not a maximum, reflecting the mandatory character of the hadd.
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Question 47 of 68
The Federal Shariat Court's 2010 declaration was made under which Article of the Constitution?
ExplanationThe Court held the four sections to be in violation of Article 203DD.
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Question 48 of 68
The Protection of Women Act, 2006 inserted 'lian' as a new ground for dissolution of marriage into which enactment?
ExplanationSection 29 of the 2006 Act inserted clause (viia) after clause (vii) of section 2 of the Dissolution of Muslim Marriages Act, 1939, with an Explanation defining lian.
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Question 49 of 68
Under section 9(1)(b), hadd shall not be imposed where the person in respect of whom qazf was committed and who is the complainant:
ExplanationDeath of the complainant during pendency is a bar to hadd under section 9(1)(b).
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Question 50 of 68
Under section 2(a) as substituted in 2006, which expressions take their meaning from the Offence of Zina (Enforcement of Hudood) Ordinance, 1979?
ExplanationSection 19 of the Protection of Women Act, 2006 substituted clause (a), reducing the borrowed definitions to three and dropping 'tazir' and 'zina-bil-jabr'.
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Question 51 of 68
The Second Exception to section 3 protects an accusation of zina preferred in good faith to a person having lawful authority over the accused, but does NOT apply where:
ExplanationThe Second Exception is subject to three carve-outs: failure to produce four witnesses in Court; a Court finding that a witness gave false evidence; and a Court finding that a complainant made a false accusation.
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Question 52 of 68
After the 2006 amendments, which offences remain punishable under the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979?
ExplanationWith sections 4, 10 to 13 and 15 omitted, the Ordinance now creates a single offence of qazf liable to hadd, punishable under section 7.
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Question 53 of 68
Under the proviso to section 17(1) as substituted in 2006, an offence punishable under which section is triable by a Court of Sessions?
ExplanationThe substituted proviso refers to section 7 alone, section 14(4) having been omitted by the same Act.
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Question 54 of 68
Section 14 of the Qazf Ordinance deals with:
ExplanationSection 14 sets out the procedure of lian, which applies where a husband accuses his wife of zina before a Court and she does not accept the accusation as true.
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Question 55 of 68
Under section 17(3), which provisions of the Code of Criminal Procedure do NOT apply to the punishment of whipping awarded under the Qazf Ordinance?
ExplanationSection 17(3) disapplies section 391(3) and section 393, and section 17(4) separately disapplies Chapter XXIX to a punishment awarded under section 7.
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Question 56 of 68
Under section 20, the Qazf Ordinance does not apply to:
ExplanationSection 20 is the saving clause, in the same terms as section 22 of the Zina Ordinance.
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Question 57 of 68
Which of the following provisions of the Qazf Ordinance SURVIVES the Protection of Women Act, 2006?
ExplanationSections 4, 10 to 13, 15, 16 and 19 were omitted; sections 1, 2, 3, 5, 6, 7, 8, 9, 14(1) and (2), 17, 18 and 20 remain in amended or unamended form.
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Question 58 of 68
Under Explanation 2 to section 3, an imputation expressed ironically or in the form of an alternative:
ExplanationExplanation 2 prevents evasion of the section by indirect forms of expression.
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Question 59 of 68
Under section 9(1)(c), hadd shall not be imposed where:
ExplanationTruth of the imputation defeats hadd, consistently with the First Exception to section 3.
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Question 60 of 68
Under section 14(2), when the procedure of lian has been completed, the Court shall:
ExplanationSection 14(2) makes the order a decree for dissolution of marriage and expressly excludes any appeal.
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Question 61 of 68
Section 4 of the Qazf Ordinance, which provided that qazf may be either qazf liable to hadd or qazf liable to tazir, was:
ExplanationSection 20 of the 2006 Act omitted section 4, and section 24 omitted sections 10 to 13, so that qazf liable to tazir no longer exists under the Ordinance.
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Question 62 of 68
Sections 12 and 13 of the Qazf Ordinance, dealing with printing or engraving and the sale of printed or engraved matter, were omitted in 2006 on the stated ground that:
ExplanationThe Statement of Objects and Reasons to the 2006 Act gives exactly this reason, in contrast to sections 11 to 16 of the Zina Ordinance, which were relocated into the Penal Code.
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Question 63 of 68
Note that the Qazf Ordinance speaks of the enforcement of:
ExplanationThe Zina and Offences Against Property Ordinances are styled 'Enforcement of Hudood', while the Qazf Ordinance is styled 'Enforcement of Hadd' - the singular, since it enforces one hadd only.
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Question 64 of 68
Under Explanation 1 to section 3, may it amount to qazf to impute zina to a deceased person?
ExplanationExplanation 1 requires both limbs - harm to the deceased if living, and harm to the feelings of family or near relatives.
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Question 65 of 68
The first proviso to section 17(1), permitting conviction for a different offence disclosed by the evidence, was:
ExplanationSection 27(i) of the 2006 Act omitted the first proviso, and section 27(ii) substituted the second.
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Question 66 of 68
Under section 6(1)(c), the witnesses to qazf must give:
ExplanationDirect evidence is required. Eye-witness evidence of penetration is the requirement for zina under section 8(b) of the Zina Ordinance, not for qazf.
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Question 67 of 68
Under section 8(b), where the person against whom qazf has been committed is dead, the complaint may be made by:
ExplanationSection 8(b) confines the right to ascendants and descendants, which is narrower than the reference to 'family or other near relatives' in Explanation 1 to section 3.
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Question 68 of 68
Under section 14(1)(a), the husband must make his sworn statement of truthfulness how many times before invoking Allah's curse upon himself?
ExplanationBoth spouses swear four times, the husband then calling down Allah's curse upon himself if he is a liar, and the wife Allah's wrath upon herself if he is truthful.
0 / 68 answered
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