ADULTERY IN PAKISTAN:
When a married man or woman has sexual intercourse with any male or female, irrespective of the fact that the other one is married or not, it is said to be adultery.
- A married man having sexual intercourse with a married or unmarried female is adultery.
- A married woman having sexual intercourse with a married man or an unmarried man is also adultery for the woman.
Charges of Adultery in Pakistan:
For the charges of adultery in Pakistan, it is required that both the male and the female should not be married to each other. If they are married or have done court marriage in Pakistan, they will not be charged for any such crime. When a male or female gets married, then the sexual intercourse between them gets legalized. The punishment for adultery in Pakistan is very severe. Adultery is illegal in Pakistan and is banned. The adultery law in Pakistan has kept very severe punishment if anyone is found guilty of any such offense. If you are a married couple and have a marriage certificate in Pakistan, then the sexual intercourse cannot be a crime.
Sometimes the people do a marriage that is not subject to a certain condition. If you have violated such a condition, then you can be penalized for such a violation, but this violation does not make your marriage invalid. For example, if a married man marries a woman without the first wife’s permission for marriage, then he can be penalized for not taking permission for a second marriage in Pakistan, but this violation does not invalidate the marriage. The sexual intercourse between such a man and a second wife will still be valid. He cannot be charged for the offense of adultery in Pakistan.
Punishment for Adultery in Pakistan:
The law has kept strict punishment for adultery in Pakistan. There are two types of laws on adultery, which are as below.
- Hadood law
- Tazir Law.
The hadood law is an Islamic law. According to the Hadood law, any person found guilty of adultery can be stoned to death, but this law has never been practiced in Pakistan since the creation of this country. The reason for this law not being in practice is that this law requires very strict types of evidence. This law requires that the witness for the offense be four in number, and all these witnesses should be male and pious. The accused, if he shows a Nikhama registration in Pakistan, can be released.
According to the tazir law, the punishment for adultery in Pakistan should be imprisonment of the offender for a period of ten years. The person who commits such an offense can be sent to jail for ten years.
Evidence:
It is not the number of witnesses that makes the person guilty of the offense of adultery. It is the quality of the witnesses that can make a person guilty of the offense of adultery in Pakistan. One quality witness along with a good medical report can make a person guilty of the offense of adultery. For more info, you may contact our lawyer in Lahore on the cases of adultery.
Ground for Divorce:
Adultery is also one of the grounds for khula in Pakistan. When a Muslim female files divorce, it is called khula. The woman can obtain khula from the court on the ground that the husband is guilty of adultery.
