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    Saturday, 18 November 2017

    Offences Against Property under PPC

    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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    Item Reviewed: Offences Against Property under PPC Rating: 5 Reviewed By: Usman Ali
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