Pakistan – Sexual Conduct Law
Hudood Ordinances, zina, rape, and penalties under Islamic and state law
📜 Penalties at a Glance – Pakistan
| Offence | Minimum | Maximum |
|---|---|---|
| Rape (Zina-bil-jabr) | 10 years | Death or life imprisonment |
| Zina (sex outside marriage) | Flogging (100 lashes) | Stoning to death (if married) |
| Same-sex acts | 2 years | Death (rarely applied) |
| Prostitution / Brothel-keeping | Fine | Up to 10 years imprisonment |
| Obscenity / Public indecency | Fine | 2 years |
Overview
Pakistan’s sexual conduct laws derive from a combination of Islamic jurisprudence, the Hudood Ordinances of 1979, and the Pakistan Penal Code. Zina (illicit sexual relations) and rape are prosecuted under overlapping provisions, with extremely harsh penalties. While stoning sentences have been handed down, executions by stoning are rare in practice but remain legally possible.
Age of Consent
The effective age of consent is tied to marriage laws: girls may legally marry once puberty is attained (traditionally interpreted around 16 years, though child marriage is common in some provinces). Sexual intercourse outside marriage is criminal regardless of age.
Key Provisions & Punishments
- Zina (Hudood Ordinances): Fornication punishable by 100 lashes; adultery by stoning to death if married.
- Rape: Defined as zina without consent; punishable by death or life imprisonment.
- Same-sex Acts: Criminal under both Hudood and Penal Code s.377; punishable by imprisonment, lashes, or death.
- Sex Work: Prostitution and brothel-keeping criminalised under PPC s.371A–371D.
- Obscenity & Indecency: Public displays of affection can result in charges under PPC s.294.
Historical Context
In 1979, General Zia-ul-Haq introduced the Hudood Ordinances, aligning Pakistan’s criminal law with Islamic punishments. Sentences of stoning and flogging have been handed down by courts, though international pressure and judicial reforms have often prevented executions. In 2006, the Women’s Protection Act shifted rape cases back to the Penal Code, easing the evidentiary burden on victims, but Hudood provisions remain on the books.
Regional Comparison
| Jurisdiction | Age of Consent | Rape Penalty | Sex Work | Same-Sex Acts |
|---|---|---|---|---|
| Pakistan | 16 (linked to marriage) | Death / life | Illegal | Illegal; death possible |
| India | 18 | 7 years–life; death in aggravated cases | Illegal | Legal (2018) |
| Afghanistan (Taliban) | Marriage-based | Death, flogging | Illegal | Death |
| Bangladesh | 16 | Life / death | Illegal | Illegal |
🚫 Common Tourist Mistakes
- Unmarried intimacy: Couples holding hands or kissing in public may face indecency charges.
- Assuming prostitution is tolerated: Brothel raids are common; foreign clients have been arrested.
- Same-sex contact: Criminalised, with risk of long prison sentences.
- Not respecting “Islamic modesty” laws: Even private hotel encounters can lead to police intervention.
Insider & Academic Commentary
“Hudood laws continue to create fear: adultery convictions and zina accusations have ruined lives, even when punishments are not carried out.” — Human rights lawyer, Lahore
“Police often use obscenity laws to harass couples in parks or hotels.” — Local journalist, Karachi
References
Pakistan Penal Code, s.375–377, 371A–D, 294.
Hudood Ordinances (1979).
Women’s Protection Act (2006).
Human Rights Watch (2022). Pakistan: Discriminatory Hudood Laws Still in Force.