A Shari‘ah-Based Critical Analysis of Rape laws in Pakistan

Abstract

   Rape is a heinous crime universally condemned by all faiths and legal systems, as it violates both divine and human rights. In Pakistan, rape laws have undergone significant revisions, particularly through the Criminal Laws (Amendment) Act, 2021 (CLA 2021), which amended Sections 375 and 376 of the Pakistan Penal Code, 1860. This paper critically examines the updated legal framework, which introduces a gender-neutral and expanded definition of rape, marking a departure from traditional understandings.

The primary objective of this research is to evaluate the amended rape laws from an Islamic perspective. It analyzes key aspects, including prescribed penalties, statutory rape provisions, the legal age of consent, the expanded concept of gang rape, and historical developments in Pakistan’s rape laws. Using an analytical approach, the study draws on legal texts, juristic interpretations, and Shari’ah principles, referencing the Qur'an, Sunnah, and the four major schools of Islamic legal thought. By integrating legal and Islamic jurisprudential insights, this research aims to deepen the understanding of the revised rape provisions and assess their compatibility with Islamic principles.

The findings reveal several conflicts between the CLA 2021 and Islamic injunctions, particularly concerning the elimination of ḥadd punishments, the lack of proportionality between crimes and penalties, the recognition of transgender individuals as a third gender, and the criminalization of consensual sexual relations within valid child marriages. The study concludes with recommendations for aligning existing rape laws with Islamic principles to ensure justice and adherence to Shari’ah.