Haraabah: Definition, Proof and Punishment in Law

haraabah-definition-in-law
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Haraabah in Law:

Haraabah liable to hadd is included in the offences against property (Enforcement of Hudood) Ordinance, 1979. It is the modification(change)of the existing laws against property to bring the commission(perpetration-(irtikab-e-juram)) of certain offences within the injunctions of Islam.

Relevant Provisions:

Section 15, 16, 17 of Offences against Property (Enforcement of Hudood) Ordinance, 1979.

Definition of Haraabah:

According to Section 15 of offence against Property (Enforcement of Hudood) Ordinance, 1979;

“When any one or more persons, whether equipped with arms or not, make a 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’.”

Proof of Haraabah:

According to Section 16 of offence against Property (Enforcement of Hudood) Ordinance, 1979;

“The provisions of Section 7 shall apply mutatis mutandis(with the necessary modification) for the proof of Haraabah.”

According to Section 7 of the Offences against property (Enforcement of Hudood) Ordinance, 1979, to constitute theft liable to Hadd following proofs should be presented:

i). 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.

ii). Two Muslim Adult Male Eye Witnesses:

Theft liable to Hadd can be imposed only if there are two Male eyewitnesses other than the victim of the crime.

Punishment for Haraabah in Law:

According to 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 stripes and with rigorous imprisonment until the court is satisfied with his being sincerely penitent((repenter-Toba karny wala)):

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 in sub-section (1), be punished for causing such hurt in accordance with such other law as may for the time being are applicable.

3). 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(4.457 grams of gold) has been taken away shall be punished with amputation(cutting off-a part of the body) of his right hand from the wrist and of his left foot from the ankle:

i). Provided that, when the offence of Haraabah has been committed conjointly by more than one person, the punishment of amputation (cutting off-a part of the body) shall be imposed only if the value of the share of each one of them is not less than the nisab(4.457 grams of gold).

ii). Provided 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 stripes.

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 proviso thereto, 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 is of amputation (cutting off-a part of the body) until it is confirmed and executed, the convict shall be dealt with in the same manner as if sentenced 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 (cutting off-a part of the body) 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 ceases”.

Conclusion:

To conclude that in order to constitute Haraabah in law liable to Hadd, it should have committed by an adult, equipped with arms or not, make a 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. However, the situation of punishment has been prescribed in section 17 of Ordinance, 1979.

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