April 10, 2026
Staff Report
LAHORE
An Additional District and Sessions’ Judge in Okara has sentenced a man to suffer 80 lashes (stripes) invoking Section 7 of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979, for falsely accusing his former wife of adultery and illicit relations with other men.
Qazf refers to the legal offence in Islamic jurisprudence, of falsely accusing a person of zina. In this case however, the punishment will only be executed after final confirmation from the Federal Shariat Court (FSC), as required under Section 7(3) of the ordinance.
It should be noted that the punishment of flogging remains highly controversial under international human rights law and is widely regarded as incompatible with global standards prohibiting torture and cruel, inhuman or degrading punishment.
Case details
The case stems from a complaint filed by one Sofia Aslam against her former husband, Muhammad Boota. According to the complaint, Sofia married Boota in February 2023 and gave birth to a baby girl in January 2024. She alleged that her husband refused to accept the child, divorced her, and accused her of engaging in illicit relations, claiming the child was born out of extramarital affairs.
The dispute escalated when Sofia sought maternity and child maintenance expenses. In response, Muhammad Boota filed a civil suit and submitted an affidavit reiterating his claim that the child was the result of illicit relations with other men.
Initially, the complaint was dismissed by a local magistrate after a preliminary hearing. However, the FSC set aside that order and directed the trial court to summon the accused and proceed in accordance with the law.
During trial proceedings, Boota stated that he had no intention of accusing his former wife of adultery. He maintained that, being illiterate, he was unaware of the contents of the civil suit and affidavit filed before the court.
After hearing the case, Additional District and Sessions Judge Rana Khalil Ahmad Khan found Boota guilty of committing Qazf. In his 11-page judgment, the judge cited Islamic jurists and observed that denial of paternity by a husband amounts to Qazf against the wife.
The court further held that Boota not only made the allegations in writing but also reiterated them before the court, even after the dissolution of marriage. His defence of illiteracy was rejected, with the court terming it an afterthought.
In his defence, Boota argued that the allegations were made while Sofia was still his wife and therefore fell under the provision of Lian, as defined in Section 14 of the ordinance.
Lian (mutual imprecation) is a legal procedure under Islamic law in which a husband accuses his wife of adultery or denies paternity without producing four witnesses, leading to permanent separation between the spouses.
However, the court ruled that Boota continued to repeat the allegations even after the divorce was finalised and failed to produce four witnesses to substantiate his claims, thereby negating his defence under Lian.
Meanwhile Sofia’s counsel, Nayyar Iqbal Lakhvi, stated that although Qazf convictions typically require two witnesses fulfilling the criteria of Tazkia al-Shahood, the present case was different. He argued that since the respondent made repeated written and oral accusations, including statements before the court, the requirement of witness testimony was not applicable in the same manner.
Tazkia al-Shahood refers to the Islamic legal process of verifying the credibility and integrity of witnesses, ensuring they are just, trustworthy, and free from major sins before their testimony is accepted. He added that his client had no option but to initiate Qazf proceedings to establish her innocence and seek legal remedy.
International law and jurisprudence on flogging
International law has held flogging as highly contraversial and denounces it as a punishment that violates basic human rights.
For example Article 5 of the Universal Declaration of Human Rights (UDHR), clearly says, ‘No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment’.
Similarly, Article 7 of the International Covenant on Civil and Political Rights (ICCPR), states, “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” Pakistan is a state party to the ICCPR.
Similarly in its interpretation of Article 7, the UN Human Rights Committee (UNHRC), has clarified that this prohibition is ‘absolute and non-derogable’, meaning it applies in all circumstances without exception.
Flogging would fall under ‘torture’ according to the UN Convention Against Torture (CAT), Article 1, flogging would fall under torture, as torture is defined as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person.
Although the Convention Against Torture primarily addresses torture in custody and interrogation settings, UN human rights mechanisms have consistently held that corporal punishment, including judicial flogging, may fall within the scope of cruel, inhuman or degrading treatment under Article 16, which obligates states to prevent such practices.
The UN Special Rapporteur on Torture has also stated that corporal punishment, including flogging, may amount to torture or ill-treatment depending on the severity, method, and context, and is incompatible with international human rights standards.
Human rights experts further note that states party to the ICCPR are bound to ensure that punishments imposed through judicial systems do not amount to cruel, inhuman or degrading treatment, even where such punishments exist under domestic legal frameworks.
Similar judgement
A similar judgement was given in 2024 in a sessions court in Karachi.
Additional District and Sessions Judge Malir Shehnaz Bohyo sentenced the accused Fareed Qadir to at least 80 lashes for accusing his wife of adultery and for refusing to accept the paternity of his child. The controversial decision was taken under Section 7(1) of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979.
As per details of the case, Fareed Qadir’s (convict) ex-wife had filed a complaint in court, stating that she got married in February 2015 and lived with Fareed for at least one month. In December 2015, Fareed’s wife gave birth to a baby girl.
The woman had stated that her husband (Fareed) failed to provide maintenance or even take her and their newly born daughter back to his house. She filed a case in the family court and got a decree in my favour. The court directed Fareed to provide for the maintenance of his daughter and his ex-wife.
However she said that her husband submitted two applications in court during the proceedings, seeking a DNA test for the baby girl and disowning his daughter. These applications were later and subsequently withdrawn by him. On the other hand, the accused Fareed denied allegations levelled by his ex-wife, stating that his wife had only spent six hours with him.
While such cases can be handled differently under the law; sentencing to 80 lashes is a punishment which has not yet been witnessed since the regime of military dictator General Zia ul Haq.