1.
Introduction of offences against Property
Preservation
of life, religion, reason, lineage and property are main objectives of Islamic
law. For preservation of property, Islam has forbidden certain acts against
property. To punish offenders, who commit offences against property and protect
society from reoccurrence of these offences, Islam has provided severe
punishments.
(2)
Offences Against Property
According
to Offences Again. Property (Enforcement Of Hudood) Ordinance, followings are
different offences against property:
(i)
Theft
(ii)
Haraabah
(iii)
Rassagiri or patharidari
(i)
Theft
If a
person intends to take dishonestly any movable property out of possession of
antohter person without thsi another person's consent and move such property in
order to such taking, he commits theft.
(b)
Explation of Theft
Followign
points are important for further explanation of theft under offences against
Property (Enforcement of Hudood) Ordinance
(b-i)
Kinds of theft
(b-ii)
Theft liable to hadd
(b-iii)
Punishment for theft liable to hadd
(b-iv)
Theft liable to tazir
(b-v)
Punishment for theft liable to tazir
(b-i)
Kinds Of Theft
Theft
liable to hadd and theft liable tazir are two kinds of theft.
(b-ii)
Theft Liable To Hadd
When
a person, who is adult, surreptitiously commits theft of property from any
hirz, and value of property is nisab or more especially when property is not
stolen property, and he/she knows that it is or is likely to be of value of
nisab or more, he commits theft liable to hadd.
(b-iii)
Punishment For Theft Liable To Hadd
In
following three different situations, different punishments of hadd can be
awarded against commission of theft 1Lible to hadd:
(x)
Amputation of right hand from joint of wrist
(y) Amputation
of left foot up to ankle
(z) Imprisonment
for life
(x)
Amputation Of Right Hand From Joint Of Wrist
When
a person commits theft liable to hadd for of wrist.
(y)
Amputation Of Left Foot Up To Ankle
When
a person commits theft liable to hadd for second time, his left foot up to
ankle is amputated.
(z)
Imprisonment For Life
A
person, who commits the' liable to hadd for third time or more than third time,
is punished with imprisonment for life.
(b-iv)
Theft Liable to Tazir
When
a person commits theft, which is not liable to hadd ro which is not proved
thorugh accused pleading or according to requirements of tazkiya al-shudood or
for which hadd can not be imposed or enforced, he commits theft liable to
tazir.
(b-v)
Punishment for theft Liable to tazir
Either
of following three punishments can be awarded against commission of theft
liable to tazir.
(x) Imprisonment
(y)
Fine
(z)
Imprisonment & Fine
(x)
Imprisonment
A
person, who commits theft liable to tazir, can be punished with imprisonment,
which can extend to three years.
(y)
Fine
A
person, who commits theft liable to tazir, can be punished with fine.
(z)
Imprisonment & Fine
A
person, who commits theft liable to tazir, can be punished with imprisonment,
which can extend to three years, and fine.
(ii) Haraabah
(a)
Definition Of Haraabah
When
one person or more persons, who are equipped with arms or not, make .show of
force for purpose of taking away property of another person, and attack another
person or cause wrongful restraint or Put him in fear of death or hurt, such
person or persons commits haraabah.
(b)
Explanation Of Haraabah
Following
points are important for further explanation of haraabah under Offences Against
Property (Enforcement Of Hudood) Ordinance:
(b-i)
Proof against haraabah
(b-ii)
Punishment of haraabah
(b-i)
Proof Against Haraabah
Either
of following two proofs is sufficient to prove haraabah
(x)
Accused pleading
(Y)
Eye-witnesses
(x)
Accused Pleading
If
accused pleads guilty of commission of harabaah, harabaah is proved.
(y)
Eye-Witnesses
If
at least two Muslim adult male eye-witnesses give evidence of occurrence of
harabaah and they fulfill requirements of tazkiya al-shuhood for satisfaction
of-court, harabaah is proved. However, eye-witnesses can be non-Muslim if
accused is a non-Muslim.
(b-ii)
Punishment of Haraabah
In
following five different situations, punishments can be awarded against
commission of harabaah.
(u)
Whipping & rigorous imprisonment
(v)
Punishment according to other law
(x) Amputation
of right hand from wrist & amputation of left foot from ankle
(y)
Rigorous imprisonment & whipping in case where left hand or right foot of
offender is missing or unserviceable
(y) Death
(u)
Whipping & Rigorous Imprisonment
If
murder is not committed and property is not taken away during commission of
harabaah, punishment for harabaah is, whipping, which should not exceed thirty
stripes and rigorous imprisonment, ,which should not be less than three years.
(v)
Punishment According To Other Law
If
no property is taken away, but hurt is caused to any person during commission
of haraabah.
punishment
for harabaah is whipping, which should not exceed thirty stripes and rigorous
imprisonment which should not be less than three years. In addition to these
punishments, punishment for causing hurt is awarded according to other law,
which is for time being applicable.
(x)
Amputation Of Right Hand From Wrist & Amputation Of Left Foot From Ankle
If
no murder is committed, but property is taken away during commission of
harabaah and value of property amounts to or exceeds nisab, punishment is
amputation of right hand from wrist and amputation of left foot from ankle.
(y)
Rigorous Imprisonment & Whipping In Case Where Left Hand Or Right Foot Of
Offender Is Missing Or Unserviceable
If
left hand or right foot of offender of harabaah is missing or is entirely
unserviceable, punishment of amputation of other hand or foot cannot be imposed
because punishment is rigorous imprisonment, which can extend to fourteen years
and whipping, which should not exceed thirty stripes.
(y)
Death
If
murdeer is committed during commission of harabaah, punishment is death as
hadd.
(iii) Rassagiri Or Patharidari
(a)
Definition of Rassagiri or Patharidari
When
a person extends patronage, protection or assistance in any from or harbors any
person or group of persons, who are engaged in theft of cattle, and
understanding is that he shall receive one or more of the cattle in respect of
which the offence in committed or shall receive a share in process of theft, he
commits rassagiri or patharidari.
(b)
Punishment Of Rassagiri Or Patharidari
Either
of following two punishments can be awarded against commission of rassagiri or
patharidari:
(b-i)
Rigorous imprisonment, confiscation of all immovable property and fine
(b-ii)
Whipping, confiscation of all immovable property and fine
(b-i)
Rigorous Imprisonment, Confiscation Of All Immovable Property & Fine
Punishment
against commission of rassagiri or patharidari can be rigorous imprisonment,
which can extend to fourteen years, confiscation of all immovable property of
offender and fine.
(b-ii)
Whipping, Confiscation of all Imovable Property & Fine
Punishment
against commission of rassagiri or patharidari can be whipping, which should
not exceed seventy stripes, confiscation of all immovable property of offender
and fine.
3.
Conclusion
To
conclude, it can be stated that it necessary for maintenance of law and order
in human society that law should protect human life and property. Failure to
protect human life and property leads to social anarchy. That is why, Islam has
provided very strict punishments in form of hadd and tazir for offences against
property.
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