Pakistan Penal Code: Islamic Jurisprudence and Influence of International Human Rights Norms

Abstract

The reforms of Pakistan’s Penal Code (PPC) remain a contested site where Islamic jurisprudence and International human rights norms intersect, conflict and at the same time converge. International instruments such as “International Covenant on Civil and Political Rights (ICCPR)” and the “Convention Against Torture (CAT)” have influenced domestic reforms, compelling Pakistan to introduce new legislation such as “The Torture and Custodial Death Act (2022)”, the “Anti Rape (Investigation and Trial) Act (2021)”, and amendments to address honor killing and gender biased violence. Qualitative methodology is used in this research and data is collected from secondary sources. At the same time, core provisions rooted in Islamic jurisprudence, such as Hudood, Qisas and Diyat, continue to challenge Pakistan’s compliance with international human rights principles. “The hudood ordinances, particularly Zina laws have been widely criticized for discriminatory evidentiary requirements, while blasphemy laws under section 295-298 of the PPC remains incomplete with Pakistan’s ICCPR obligations, drawing repeated condemnation from the UN Human Rights Committee”. These conflicts underscore the tension between Pakistan’s constitutional identity as an Islamic republic and its international legal commitments. Current reforms suggest a pattern of selective compliance, where international pressure produces legislative change, but structural contradictions between Sharia based provisions and human rights remains unresolved. This research argues that while incremental reforms demonstrate some reconciliation, Pakistan’s penal code reflects a dual system that priorities sovereignty and Islamic jurisprudence over full transformation.