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Question no. 51458

In proceedings under the Offence of Zina Ordinance, 1979 involving a Muslim accused, the Presiding Officer of the Court________________?

Select your answer for: In proceedings under the Offence of Zina Ordinance, 1979 involving a Muslim accused, the Presiding Officer of the Court________________?
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Answer: A. Shall be Muslim

Explanation

In proceedings under the Offence of Zina Ordinance involving a Muslim accused, the judge must be Muslim. Specialized religious ordinances often mandate specific religious qualifications for presiding judicial officers. This requirement aligns the administration of specific penal laws with Islamic jurisprudential principles. The Offence of Zina Ordinance introduced specific hudood provisions into the Pakistani legal system. Judicial appointments under specialized statutes require strict adherence to statutory eligibility rules. Courts must be properly constituted with qualified judges to ensure verdicts remain legally valid.

Legal practitioners review judicial compositions carefully to ensure courts possess proper jurisdiction over trials. Constitutional and statutory courts navigate complex intersections between modern state laws and religious jurisprudence. Ensuring correct judicial qualifications prevents successful appeals based on improper court constitution. Allowing judges from any religion contradicts the explicit statutory mandate required for Muslim accused. Choosing both options is logically impossible because the statute specifies a mandatory religious qualification. The option none of above is incorrect because the presiding officer must indeed be a Muslim.

Subject
Law
Topic
—
Difficulty
medium

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