By Jahangir, Asma
New Statesman (1996) , Vol. 140, No. 5048
The country of Pakistan was created primarily to allow the Muslims of the subcontinent to practise their religious beliefs freely. It would be fair to assume, then, that Pakistan would also provide ample space to its religious minorities. Inevitably, though, the rationale for an independent country was translated into making Pakistan a model Islamic state. To date, there is no near-consensus on what that means.
After independence, the ruling elite employed Islam as a central theme for nationhood. However, when the occasion arose to implement Islamic laws, the politicians shied away from this, comprehending the risks involved. Islamisation would naturally empower the orthodoxy, relegate religious minorities and women to second place, and pose challenges to modern governance. Initially, some compromises were made in the name of religion, many of which were detrimental to the rights of women. All personal laws (family laws and rules of inheritance) were based on religious tenets and a preamble was adopted in the constitution that paid lip-service to the democratisation of Pakistan "as enunciated by Islam".
General Zia-ul-Haq, a dictator and unscrupulous political actor, used Islam as a pretext for waging war in Afghanistan and adopting an aggressive stance towards India. By advancing a more orthodox version of Islam, he was able to hold on to a repressive regime and quell any opposition. Zia's first pieces of legislation were the hudood ordinances, introduced in 1979. Hudood laws made all sex outside of marriage punishable for both males and females, with stoning to death as hadd punishment (which has never been carried out). The lesser sentences are imprisonment and 30 lashes of the whip, or ten years' imprisonment, which were routinely executed. Women were greater victims of this law on two counts. First, the loss of virginity led to a presumption that zina (sex outside marriage) had been committed. Second, rape victims had to prove a watertight case or risk being accused, even where they had pressed charges.
There used to be very few women in prisons, but this changed with the introduction of the hudood laws. Initially, hundreds of women were hauled into prison, until a small but energetic women's movement forced Zia to modify his plans and stop them further degrading the status of women. Instead, he turned his attention to religious minorities to keep the rigid and bloodthirsty mullahs satisfied.
The Ahmadiyya sect in Pakistan was declared non-Muslim by parliament in 1974, when Zulfiqar AH Bhutto was prime minister. Muslims have a strong animosity towards Ahmadis--some advocate killing them for holding heretical beliefs. In 1984, Zia introduced harsh penal laws that banned them from calling their places of worship mosques or professing their religion openly. …