Q.Explain Harabah liable to hadd?
What proof is needed to prove this offence (1993).
1. Introduction:
Haraabah is an aggravated form of theft. More or less it is synonymous to robbery, which contains the element of either theft or extortion. This offence required to be proved in the same manner as the offence of theft liable to hadd described in section 7,
2. Relevant Provisions:
Following are the relevant provisions of P.P.C regarding the concerned topic.
Section 15 to 20 of Enforcement of Hudood regarding the VI of 1979.
3. definition Of Haraabah U/Sec 15:
When a person armed or not armed make a show of force for taking away the property of another and attack him or cause wrongful restraint or put him in fear of death or hurt. Such person commits the offence of haraabah.
(I) Ingredients Of Harssbah:
(i) It may be committed by one or more person.
(ii) There must be showing of force for the purpose of taking away the property of another.
(iii) There must be some attack by the offender, or cause wrongful restraint or put in fear of death or hurt.
(II) Proof Of Harbbah U/Sec 16:
The provisions of section of section 7, shall also apply for the proof of haraabah which is as under.
A. Confession Before the Court:
Where accused pleads guilty of haraabah liable to hadd, shall be punished with hadd.
B. By Evidence of Witnesses:
Haraabah liable to hadd may to proved by the evidence of at – least two eye – witnesses.
(i) Requirements Regarding Witnesses:
a. Witnesses must be male.
b. They must be Muslim, but if the accused is non – Muslim the eye – Witnesses may non – Muslims.
c. They must be adult. Evidence of minor witnesses are not acceptable.
d. They must not be the victim of harssbah.
e. The court must be satisfied about them having regard to therequirements of tazkiyaal-shahood (inquiry adopted by the court to satisfy itself to the credibility of a witness) that they are.
Truthful persons, and
Abstain from major sins.
4. punishment Of Haraabah U/Sec 17:
Whoever being an adult is guilty of haraabah, shall be liable to following punishments.
(i) Where neither any murder has been committed nor any property has been taken away, he shall be punished with.
a. Whipping not exceeding thirty stripes
b. Rigorous imprisonment for a term which shall not be less than 3 years and it will continue until the court is satisfied of his being sincerely penitent and
c. Punishment for causing such hurt in accordance with such other law, which is applicable at the time.
(iii)where no murder has been committed but the property of the prescribed nisab has bee taken away, he shall, he shall be punished with.
1. Introduction:
Haraabah is an aggravated form of theft. More or less it is synonymous to robbery, which contains the element of either theft or extortion. This offence required to be proved in the same manner as the offence of theft liable to hadd described in section 7,
2. Relevant Provisions:
Following are the relevant provisions of P.P.C regarding the concerned topic.
Section 15 to 20 of Enforcement of Hudood regarding the VI of 1979.
3. definition Of Haraabah U/Sec 15:
When a person armed or not armed make a show of force for taking away the property of another and attack him or cause wrongful restraint or put him in fear of death or hurt. Such person commits the offence of haraabah.
(I) Ingredients Of Harssbah:
(i) It may be committed by one or more person.
(ii) There must be showing of force for the purpose of taking away the property of another.
(iii) There must be some attack by the offender, or cause wrongful restraint or put in fear of death or hurt.
(II) Proof Of Harbbah U/Sec 16:
The provisions of section of section 7, shall also apply for the proof of haraabah which is as under.
A. Confession Before the Court:
Where accused pleads guilty of haraabah liable to hadd, shall be punished with hadd.
B. By Evidence of Witnesses:
Haraabah liable to hadd may to proved by the evidence of at – least two eye – witnesses.
(i) Requirements Regarding Witnesses:
a. Witnesses must be male.
b. They must be Muslim, but if the accused is non – Muslim the eye – Witnesses may non – Muslims.
c. They must be adult. Evidence of minor witnesses are not acceptable.
d. They must not be the victim of harssbah.
e. The court must be satisfied about them having regard to therequirements of tazkiyaal-shahood (inquiry adopted by the court to satisfy itself to the credibility of a witness) that they are.
Truthful persons, and
Abstain from major sins.
4. punishment Of Haraabah U/Sec 17:
Whoever being an adult is guilty of haraabah, shall be liable to following punishments.
(i) Where neither any murder has been committed nor any property has been taken away, he shall be punished with.
a. Whipping not exceeding thirty stripes
b. Rigorous imprisonment for a term which shall not be less than 3 years and it will continue until the court is satisfied of his being sincerely penitent and
c. Punishment for causing such hurt in accordance with such other law, which is applicable at the time.
(iii)where no murder has been committed but the property of the prescribed nisab has bee taken away, he shall, he shall be punished with.
1. Amputation of his right hand form the wrist and of his
left foot form the ankle and if the hand or the right foot of the offender is
missing or is entirely unserviceable the punishment of amputation shall
not be enforced and punishment will be the rigorous imprisonment which may
extend to 14 years with whipping not exceeding 30 stripes.
(iv) Where murder has been
committed he shall be punished with.
a. Death imposed as hadd.
A. Confirmation of Court of Appeal U/sec 17 (5):
Punishment of amputation or death shall not be executed it is confirmed by the court appeal.
5. cases In Which Punishment Of Amputation Or Death Not Imposed U/Sec 18:
Punishment of Amputation or death shall not be imposed in the following cases.
i. When victim and offender are related to each other as
a. Spouses
b. Ascendants ,Paternal or Maternal
c. Brothers or sisters of father and mother
d. Brother or sisters or their children
e. Descendants., paternal or maternal
ii. When guest commits harrabah form the house of his host.
iii. When servant or employee commits haraabah form the hirz of his master or employee.
iv. When the property is wild grass, fish bird, dog pig intoxicant musical instrument or perishable foodstuff.
v. When the offender has a share in property, the value of which after deduction of his share is less than the nisab
vi. When creditor steals his debtor’ s property, the value of which after deduction of his share is less than the nisab.
vii. When the offender has committed haraaabah under ikrah or iztrar.
6. punishment For Haraabah Liable To Tazir U/Sec 20:
When the haraabah is not liable to hadd, the harrabah be same be liable taizr and the punishment would be some as of dacoity rabbery or extortion as provided in P.P.C.
7. HARAABA AND DACOITY:
THE TERM Haraaba is wide enough to include the offence of decocity as provided in Pakistan penal code. In haraaba in decoity the number of person are mentioned.
8. Conclusion:
To Conclude, I can say, that habaaah is an offence under the Islamic law. This term is often used in place of robbery but it seem to be more wider than the term robbery we may say that the haraabah occupies a middle place between the offence ofrobbery, dacoity and extortion. And the punishment of it is provided u/sec 17 of the concerned ordinance.
a. Death imposed as hadd.
A. Confirmation of Court of Appeal U/sec 17 (5):
Punishment of amputation or death shall not be executed it is confirmed by the court appeal.
5. cases In Which Punishment Of Amputation Or Death Not Imposed U/Sec 18:
Punishment of Amputation or death shall not be imposed in the following cases.
i. When victim and offender are related to each other as
a. Spouses
b. Ascendants ,Paternal or Maternal
c. Brothers or sisters of father and mother
d. Brother or sisters or their children
e. Descendants., paternal or maternal
ii. When guest commits harrabah form the house of his host.
iii. When servant or employee commits haraabah form the hirz of his master or employee.
iv. When the property is wild grass, fish bird, dog pig intoxicant musical instrument or perishable foodstuff.
v. When the offender has a share in property, the value of which after deduction of his share is less than the nisab
vi. When creditor steals his debtor’ s property, the value of which after deduction of his share is less than the nisab.
vii. When the offender has committed haraaabah under ikrah or iztrar.
6. punishment For Haraabah Liable To Tazir U/Sec 20:
When the haraabah is not liable to hadd, the harrabah be same be liable taizr and the punishment would be some as of dacoity rabbery or extortion as provided in P.P.C.
7. HARAABA AND DACOITY:
THE TERM Haraaba is wide enough to include the offence of decocity as provided in Pakistan penal code. In haraaba in decoity the number of person are mentioned.
8. Conclusion:
To Conclude, I can say, that habaaah is an offence under the Islamic law. This term is often used in place of robbery but it seem to be more wider than the term robbery we may say that the haraabah occupies a middle place between the offence ofrobbery, dacoity and extortion. And the punishment of it is provided u/sec 17 of the concerned ordinance.
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