Sacred Texts and Profane Realities Islamic Criminal Laws (Ḥudūd) and Children’s Rights in Pakistan

Abstract

This article examines the impact of Islamic criminal laws (ḥudūd), particularly the Zina Ordinance, on children’s rights in Pakistan. By analyzing the judgments of the Federal Shariat Court (FSC) and the Shariat Appellate Bench (SAB) of the Supreme Court, the study identified three key trends in case law. First, ambiguity in defining adulthood—whether based on statutory age limits or biological puberty—has resulted in inconsistent judicial decisions. Second, the judicial approach on minors’ consent in sexual offenses evolved over time, shifting from accepting consent to rejecting it, aligning with the principle of statutory rape. Third, while leniency in sentencing underage offenders reflects an emphasis on rehabilitation, it raises questions about deterrence and consistency. The findings of this research underscore the critical role of procedural laws and legal certainty in safeguarding children’s rights within a mixed legal framework of Islamic laws and common law tradition.

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