Haraabah Liable to Hadd: Definition, Proof, and Punishment
Q. Explain Haraabah liable to hadd? What proof is needed to prove this offence (1993).
1. Introduction:
Haraabah is an aggravated form of theft, similar to robbery, involving theft or extortion. Proving this offense requires the same process as proving theft liable to hadd, as described in section 7.
2. Relevant Provisions:
The relevant provisions regarding Haraabah are found in the Pakistan Penal Code (PPC):
- Sections 15 to 20 of the Enforcement of Hudood Ordinance VI of 1979.
3. Definition of Haraabah (Section 15):
Haraabah occurs when a person, armed or unarmed, uses force or threat to take another person’s property, attacking them, wrongfully restraining them, or putting them in fear of death or injury.
(I) Ingredients of Haraabah:
- It can be committed by one or more persons.
- There must be a show of force to take another’s property.
- The offender must attack, wrongfully restrain, or instill fear of death or injury.
(II) Proof of Haraabah (Section 16):
The provisions of section 7 apply to proving Haraabah:
A. Confession Before the Court:
If the accused pleads guilty to Haraabah liable to hadd, they will be punished accordingly.
B. By Evidence of Witnesses:
Haraabah liable to hadd requires the evidence of at least two eyewitnesses who meet specific criteria:
- Male and Muslim (unless the accused is non-Muslim).
- Adults (minors’ testimonies are not acceptable).
- Not victims of the Haraabah.
- Deemed truthful and abstaining from major sins, as determined by the court through tazkiyaal-shahood (inquiry into witness credibility).
4. Punishment of Haraabah (Section 17):
The punishment for Haraabah varies depending on the circumstances:
(i) No Murder or Property Taken:
- Whipping up to 30 stripes.
- Rigorous imprisonment for a minimum of 3 years, extendable until the court is satisfied of sincere penitence.
- Punishment for any inflicted injuries as per applicable laws.
(iii) Property of Prescribed Nisab Taken, No Murder:
- Amputation of the right hand from the wrist and the left foot from the ankle.
- If the right hand or foot is missing or unusable, rigorous imprisonment up to 14 years with whipping up to 30 stripes.
(iv) Murder Committed:
- Death penalty as hadd.
A. Confirmation of Court of Appeal (Section 17(5)):
Amputation or death sentences require confirmation from the Court of Appeal before execution.
5. Cases Exempt from Amputation or Death Penalty (Section 18):
Amputation or death penalty is not imposed in the following cases:
- When the victim and offender are close relatives (spouses, ascendants, descendants, siblings, etc.).
- When a guest commits Haraabah against their host.
- When a servant or employee commits Haraabah against their master or employer.
- When the stolen property is of negligible value (wild grass, fish, birds, etc.).
- When the offender has a share in the property and the value after deducting their share is less than the nisab.
- When a creditor steals from their debtor and the value after deducting the debt is less than the nisab.
- When the offender committed Haraabah under duress (ikrah) or necessity (iztrar).
6. Punishment for Haraabah Liable to Tazir (Section 20):
If Haraabah is not liable to hadd, it falls under ta’zir, with punishments similar to dacoity, robbery, or extortion as per the PPC.
7. Haraabah and Dacoity:
Haraabah encompasses the offense of dacoity as defined in the PPC. However, Haraabah is broader and includes instances where the number of offenders is not specified, unlike dacoity.
8. Conclusion:
Haraabah is a serious offense under Islamic law, often used interchangeably with robbery but encompassing a wider range of crimes, including dacoity and extortion. Punishments for Haraabah are outlined in Section 17 of the Enforcement of Hudood Ordinance, with varying degrees of severity depending on the specific circumstances of the crime.