Bashiran v. Muhammad Hussain, 27 January 1988.
The defendants appealed their conviction for the crime of "zina," or wilful sexual intercourse between a man and a woman who are not validly married to each other.  They claimed that they believed in good faith that the woman's former husband had divorced her and that they were, thus, validly married and argued that they could not have committed "zina," because they had not "wilfully" had sexual intercourse without being validly married.  The Supreme Court of Pakistan accepted this argument and held that, for the crime of "zina" to be committed, the persons accused have to have guilty intention to commit the crime.  After examining the facts, it ruled that no guilty intention existed in this case.
D001208:Asia; D001519:Behavior; D003415:Crime; D003906:Developing Countries; D004243:Divorce; D005114:Extramarital Relations; D007514:Islam; D007603:Jurisprudence; D008393:Marriage; D010154:Pakistan; D012067:Religion; D012725:Sexual Behavior; D012940:Social Problems
Asia; Behavior; Court Decision; Crime; Developing Countries; Divorce--religious aspects; Extramarital Sex Behavior--legal aspects; Extramarital Sex Behavior--religious aspects; Islam; Nuptiality; Pakistan; Religion; Sex Behavior; Social Problems; Southern Asia