Prosecution of Rape in Islamic Law: A Review of Pakistan Hudood Ordinance 1979

There has been some confusion over prosecuting rape in modern Islamic legal studies. A question has arisen: should the Islamic court treat the case ofrape, in regard of convicting and proving rape, by imposing the same jurisprudential provisions, requirements and legal proceedings as in the case of zina on the ground that rape involves elements ofillegal intercourse similar to zina? As such, should the rape victim who complains about rape be charged with qadhf ifthere is insufficient evidence? This article examines the notions of the prosecution and the required evidence for both rapist and rape victim in Islamic criminal law with special analytical analysis on the Pakistan Enforcement of Hudood Ordinance 1979.