2. Definitions.--In this Ordinance, unless there
is anything repugnant in the subject or context,--
(a) "adult" means a person who has
attained, being a male, the age of eighteen years or, being a female, the age
of sixteen years, or has attained puberty;
[(aa) "confession" means, notwithstanding
any judgment of any Court to the contrary, an oral statement, explicitly
admitting the commission of the offence of zina,
voluntarily made by the accused before a Court of sessions having jurisdiction
in the matter or on receipt of a summons under Section 203A of the Code of
Criminal Procedure, 1898 (Act V of 1898)"; and]
(b) "hadd" means punishment ordained by the Holy Qur'an or Sunnah;
(c) [Omitted];
(d) "Muhsan"
means--
(i) a Muslim adult man who is not insane
and has had sexual intercourse with a Muslim adult woman who, at the time he
had sexual intercourse with her, was married to him and was not insane; or
(ii) a Muslim adult woman who is not insane
and has had sexual intercourse with a Muslim adult man who, at the time she had
sexual intercourse with him, was married to her and was not insane; and
(e) [Omitted].
COMMENTARY
`Adult' means a person
who has attained, being a male, age of 18 years or being a female, the age of
16 years, or has attained puberty. Adult contained not only recognized
distinction between different ages at which males and females attained
adulthood but it also recognized that adulthood may be attained by both males
and females even before specified ages if it is established that they have
attained puberty. PLJ 2005
Definition of the crime
and ingredients of offence of zina as laid down in
penal Sections 2 and 4, had to be seen and kept in
view and if ingredients were not fulfilled, then no conviction could be
recorded under said sections. 2004 MLD 970(d).
Puberty.--Marriage by a
woman on attaining puberty is valid. Nikah/marriage
contracted by a woman, not having attained the age of majority, as defined in
law, but having attained puberty as defined in Ordinance is valid and not void.
PLD 2005
Youth.--
Adult contained not only
recognized distinction between different ages at which males and females
attained adulthood but it also recognized that adulthood may be attained by
both males and females even before specified ages if it is established that
they have attained puberty. PLJ 2005
Nikah/Marriage contracted by
a woman, not having attained the age of majority, as defined in law, but having
attained puberty as defined in Offence of Zina
(enforcement of Hudood) Ordinance, 1979 is valid and
not void. PLD 2005