Thursday, July 26, 2012

HARRBAH DEFINITION OF HARAABAH U/SEC 15 RELEVANT PROVISIONS SEC.15 TO 20 ENFORCEMENT OF HUDOOD ORDINANCE Paper 6 of LLB Part 1


HARRBAH       
1.RELEVANT PROVVISIONS (SEC.15 TO 20 ENFOCEMENT OF HUDOOD ORDINANCE 2.DEFINITION OF HARAABAH U/SEC 15(I)INGREDIENTS OF HARAABAH(i) PERSONS(ii)SHOWING OF FORCE(iii)ATTACK BY OFFENDER  (II)PROOFOF HARAABAH U/SEC.16(A)CONFESSION BEFORE THE COURT (B)BY EVIDENCE OF WITNESSES (i) REQUIREMENTS FOR WITNESSES (MALE, MUSLIM,ADULT, TAZKIYAH-AL-SHAHOOD ETC  3.PUNISHMENT OF HARAABAH U/SEC 17 (i) (ii)(WHIPPING NOT EXCEEDING THIRTY STRIPES RIGOUROUS IMPRISONMENT FOR NOT LESS THAN 3YEAR AND IT WILL CONTINUE UNTIL THE CORT NOT SATISFIED) (iii) IF PROPERTY OF THE PRESCRIBED NISAB HAS TAKEN AWAY THEN (AMPUTATION OF HIS RIGHT HAND AND LEFT FOOT FROM THE ANKLE WITH RIGOROUS IMPRISONMENT MAY EXTEND TO 14 YEARS AND WITH 30 STRIPES) (iv) WHER MURDER HAS BEEN COMMITED HE SHALL BE PUNISHED WITH DETH IMPOSED AS HADD (A) CONFIRMATION OF COURT OFAPPEAL U/SEC. 17 (5) 4.CASES IN WHICH PUNISHMENT OF AMPUTATION OR DEATH OF AMPUTATION OR DEATH NOT IMPOSED U/SEC. 18 (i) VICTIM AND OFFENDER ARE RELATED TO EACH OTHER AS (a) SPOUSES (b) ASCENDANTS, PATERNAL OR MATERNAL(c) BROTHER OR SISTERS OF FATHER AND MOTHER(d)CHILDREN OF BROTHER OR SISTERS(e) DESCENDANTS, PATERNAL OR MATERNAL (ii) IF GUEST COMMITS HARRABAH FROM THE HOUSE OF HIS HOST (iii)SERVANT OR EMPLOYEE COMMITS HARAABAH FROM THE HIRZ OF HIS MASTER OR EMPLOYEE (iv) WHEN THE PROPERTY IS WILLED GRASS,FISH,BIRD OR PERISHABLE FOODSTUFF (v)IF OFFENDER HAS A SHARE IN PROPERTY AND AFTER DEDUCTION OF HIS SHARE IS LESS THAN NISAB(vi) WHEN CREDITOR STEALS HIS DEBTORIS PROPERTY (vii) OFFENDER HAS COMMITTED HARAABAH UNDER IKRAH OR IZTRAR 5.PUNISHMENT FOR HARAABAH LIABLE TO TAZIR U/SEC 20       6.HARAABAH AND DACOITY (I) WIDER (ii) NUMBER OF PERSON            Closing words 

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