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.
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