Theft Liable To Hadd
Q. Define theft and explain when it is liable to hadd? What proof is required for it. (2003)(2003/S)(2002)(2001)(2000)(1999)(1998)(1997)(2005/A)(2006/A)
Q. Define theft liable to hadd. How it is proved.(200/A)
1. Introduction:
In Islamic law, theft signifies the taking away the property of another in a secret manner at a time when such property is an custody and the value of such is not less than the prescribed nisab. The Holy Quran in Sura-Al-Maida provides punishment for such offence and it is also made punishable under the hudood ordinance.
2.Relevant Provisions:
Following are the relevant provisions of “ Enforcement of Hudood Ordinance VI of 1979”. Regarding the concerned topic.
Section 4 to 9 of Enforcement of Hudded ordinance VI of 1997.
3. Kinds Of Theft:
There are two kinds of theft:
(i) Theft liable to Hadd
(ii) Theft liable to Tazir
4. Theft Liable To Hadd:
(I) Definition Liable U/Sec 5:
Whoever, being an adult, surreptitiously commits, from any hirz theft of property of the value of the nisab or more, not being stolen property is said to commit theft liable to hadd”.
(II) Ingredients:
Following are the essentials of theft liable to hadd.
(i)Adult Offender:
The offender must be an adult person.
u/sec 2(a):
adult means a person who has attained the age of eighteen years of puberty.
(ii)Surreptitiously Commits:
Offence of theft liable to hadd must be committed surreptitiously. According to Explanation 2 of sec. 5, it means that the person committing the theft commits it believing that the victim of theft does not know of his action.

  1. Continuance of Surreption:

For surreptitious removal of property, it is necessary
If it is day, time surreption should continue till the completion of the offence, and
If it is night, surreption need not continue after commencement of the offence.
(iii)Removal From Hirz:
The property must be removed from any hirz.

  1. Meaning of Hirz:

Literally hiez means precaution and protectin.
“Hirz means an arrangement made for the custody of property.”
According to Explanation 1 of sec. 2, it is not necessary that the goods in hirz be confined in a building or a in a locked house. Grazing cattle under the custody of the herdsman are considered under his hirz. If any of the cattle is stolen, it will be deemed to be a theft from hirz.
(iv)Value of Stolen Property:
The property must be nisab as laid down in section 6.
U/sec 6.
The nisab for theft liable to hadd is 4. 457 grams of gold. According to explanation to section 6, If theft is committed from the same hirze in more then one transaction or from more than one hirz and the value of stolen property in each case if the less than nisab, it is not liable to hadd even though the value of the properties removed exceeds the nisab, if collected.
‘A’ enters a house several times and removes from the house on each occasion property, the value of which does not amount to the nisab. Such theft is not liable to hadd even though the value of the properties removed exceeds the nisab, if collected.
(v) Not Being a Stolen Property:
It must not be a stolen property i.e. must not be acquired by means of theft. According to explanation 1 of section 5, stolen property does not include property which has been criminally misappropriated or in respect of which criminal breach of trust has been committed.
(vi)Knowledge of Accused:
Accused must be aware that the property stolen by him is either equivalent or exceeding limit of nisab.
5.Proof Of Theft Liable To Hadd U/Sec 7:
The proof of theft liable to hadd shall be in one of the following forms.
Where the accused pleads guilty of the commission of theft liable to hadd then he shall be liable to hadd.
“Ghulam Habib Vs. state (1994)”
“Confession in a theft case would be material only if made before the trial court.”
(II)By Evidence Of Witnesses:
Theft liable to hadd may be proved by the evidence of at-least two eye witnesses.
Case Law
2004 P. cr. L. J 285
It was held that an accused person is presumed to be innocent unlit his guilt is proved.

  1. Witnesses must be male
  2. They must be Muslim, but if the accused in non-Muslim the witnesses may be non-Muslim.
  3. They must be adult
  4. They must not be the victim of the theft
  5. The court must be satisfied about them having regard to the requirements of tazkiya-al-shuhood(inquiry adopted by the court to satisfy itself to the credibility of a witness) that they are:

Truthful persons, and
Abstain from major sins
6.Theft By More Than One Person U/Sec 8:
Where theft liable to hadd is committed by more than one person and the aggregate value of the stolen property is such that, if the property is divided equally among them, each one of them gets a share which amounts to or exceeds the nisab, the hadd shall be imposed on each of them.
7. Punishment For Theft Liable To Hadd U/Sec 9:
However commits theft liable to hadd shall be punished with.
(i)Amputation of his right hand from the joint of the wrist, if it is committed for first time.
(ii) Amputation of his left foot up to the ankle, if it is committed for the second time.
(iii)Imprisonment for life, if it is committed third time or any time subsequent thereto .
Confirmation by Court Appeal:
Punishment of hadd shall not be excuted unless it is confirmed by the court to which an appeal from the order of the conviction lise.
Postponement of Hadd.
Hadd shall be postponed if the authorized medical officer is of the opinion that the amputation of hand or foot may cause the death of the convict, until the apprehension of death ceases.
8. Conclusion:
To conclude, I can say, that theft liable to hadd will be committed when property is stealthily taken away from the custody of that person or a person under whose hirz the property was, and the value of that property was not less than the prescribed nisab. Crime of theft represent the most serious crime against property and by severing the hand of the robber. Islam gets to the root of evil and protects society from the destruction.

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