Section: Islamic Hudood Laws 1979

Question About: Punishment of Hadd shall not be enforced

In which cases, punishment of Hadd shall not be enforced to under the offence against property (Enforcement Hadd) Ordinance 1979.

Answer

Cases in which Hadd shall not be enforced:

1. ‘Hadd’ shall be enforced in the following cases, name -
(a) When theft is proved only by the confession of the convict but he retracts his confession before di execution of Hadd;
(b) When theft is proved by testimony, but before the execution of Hade, any witness resides from Ii testimony so as to reduce the number of eye-witnesses to less than two;
(c) When, before the execution of ‘Hadd’ the victim withdraws his allegation of theft or stares that convict had made a false confession or that any the eye-witnesses have deposed false’, and number of eye-witnesses is thereby reduced to less than two; and
(d) When the left hand or the left thumb r at least two fingers of the left hand or the right foot of offender are either missing or entirely Unserviceable
2. In the case mentioned in clause (a) of sub-section (I) Court may order retrial.
3. In a Case mentioned in clause (b), or clause (c), or clause (d) of sub-section (1), the Court may award ‘tazir’ on basis of the evidence on record.

Haraabah

Cases in which Punishment of amputation or death for haraabah shall not be imposed or enforced:
The punishment or death shall not be imposed or enforced for the offence of Haraabah in cases in which Hadd may not be imposed for theft liable to Hadd and the provisions of Section 10 and Section 11 shall apply mutatis mutandis to such cases.
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