• Latest Articles

    Saturday, 18 November 2017

    Haraabah, it's Punishment and method of Proof

    1. INTRODUCTION
    The Haraabah liable to hadd in included in the offences against property (Enforcement of Hudood) Ordinance, 1979. It is the modification of the existing laws against property in order to bring the commission of certain offences within the injunctions of Islam.

    2. DEFINITION OF TERM `HARAABAH'
    Under Section 15 of offence against Property (Enforement of Hudood) Ordinance, 1979;

    "When any one or more persons whether equipped with arms or not, make show of force for the purpose of taking away the property of another and attack him or cause wrongful restraint or put him in fear of death or hurt, such person or persons are said to commit Haraabah."

    3. PROOF OF HARAABAH
    Section 16 of the Offences against Property (Enforcement of Hudood) Ordinance, 1979:

    "The provisions of Section 7 shall apply mutatis mutandis, for the proof of Haraabah."

    According to Section 7 of the offences against property (Enforcement of Hudood) Ordinance, 1979, in order to constitute theft liable to Hadd following proofs should be presented:

    (a) Confession of Accused
    If the accused of theft himself confesses his guilt before the competent court, it is enough proof for holding that the accused has committed theft liable to hadd.

    (b) Two Muslim Adult Male Eye Witnesses
    Theft liable to Hadd can be imposed only if there are two Male eye witnesses other than the victim of the crime.

    4. PUNISHMENT FOR HARAABAK

    Under Section 17 of the Offences against Property (Enforcement of Hudood) Ordinance, 1979:

    (1) Whoever, being an adult, is guilty of Haraabah in the course of which neither any murder has been committed nor any property has been taken away shall be punished with whipping not exceeding thirty strip and with rigorous imprisonment until the court is satisfied of his being sincerely penitent.

    Provided that the sentence of imprisonment shall in no case be less than three years.

    (2) Whoever, being an adult, is guilty of Haraabah in the course of which no property has been taken away but hurt has been caused to any person shall in addition to the punishment. provided for in sub-section (1) be punished for causing such hurt in accordance with such other law as may for the time being be applicable.


    (i) Whoever, being an adult, is guilty of Haraabah in the course of which no murder has been committed but property the value of which amounts to, or exceeds. The nisab has been taken away shall be punished with amputation of his right hand from the wrist and of his left foot from the ankle.
    Provided that when the offence of Haraabah has been committed conjointly by more than on person, the punishment of amputation shall be imposed only if the value of the share of each one of them is not less than the nisab.

    (ii) Provided further that if the left hand or the right foot of the offender is missing or is entirely unserviceable, the punishment of amputation of the other hand or foot, as the case may be shall not be imposed and the offender shall be punished with rigorous imprisonment for a term which may extend to fourteen years and with whipping not exceeding thirty strips.

    (4) Whoever being an adult, is guilty of Haraabah in the course of which he commits murder shall be punished with death imposed as hadd.

    (5) Punishment under sub-section (3) except that under the second provi so there to, or under sub-section (4) shall not be executed unless it is confirmed by the court to which an appeal from the order of conviction lies, and if the punishment be of amputation until it is confirmed and executed the convict shall be dealt with in the same manner as if se5tenced to simple imprisonment.

    (6) the provisions of the sub-section (6) and sub-section (7) of Section .9 shall apply to the execution of the punishment of the amputation under this section. Now Section 9, Sub-Section (6) is;

    "Amputation shall be carried out by an authorized medical officer."
    And Section 9, Sub-Section (7) is;

    "If, at the time of the execution of hadd, the authorized medical officer is of the opinion that the amputation of hand or foot may cause the death of the convict, the execution of hadd shall be postponed until such time as the apprehension of death cases".

    5. CONCLUSION

    In order to constitute Haraabah liable to Hadd, it should have committed by an adult, equipped with arms or not, make should of force for the purpose, taking away the property of another and attack him or cause wrongful restraint or put him in fear of death or hurt. However, situation of punishment have been prescribed in Section 17 of Ordinance, 1979.
    • Blogger Comments
    • Facebook Comments

    0 comments:

    Post a Comment

    Item Reviewed: Haraabah, it's Punishment and method of Proof Rating: 5 Reviewed By: Usman Ali
    Scroll to Top