"The Circumstances Where the Quantum of Punishment Prescribed by Islam for Certain Crimes Can Be Reduced or Enhanced "
The crime of theft if committed in unavoidable circumstances like extreme hunger or famine, Hadd punishment shall remain suspended. A crime of Zina if committed in a situation where the life of a woman is in danger because of hunger or thirst and she committed Zina to acquire food items or drinking...
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| Format: | Article |
| Language: | Arabic |
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SZIC University of Peshawar
2015-12-01
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| Series: | الإيضاح |
| Online Access: | http://al-idah.szic.pk/index.php/al-idah/article/view/187 |
| Summary: | The crime of theft if committed in unavoidable circumstances like extreme hunger or famine, Hadd punishment shall remain suspended. A crime of Zina if committed in a situation where the life of a woman is in danger because of hunger or thirst and she committed Zina to acquire food items or drinking water to save her life, she will be exonerated from the charges of Zina. In the light of Quranic injunctions, the punishment of a slave girl, if she committed Zina, is half as compare to independent women and the punishment for the wives of the Holy Prophet for committing the crime of fawahish or disobedience (Nushuz), is double as compare to other women. 4.Contrary to this principle, if a respectable person committed crimes under Tazir, he deserves lesser punishment or mere admonition in the light of tradition of the Holy Prophet:(Pardon the wrong done by the nobles of the society”.5.For awarding the punishment of Rajm, if the condition of Ihsan is fulfilled., he/she will be killed by stoning. According to Shiah Imamiah, Allama Rasheed Raza and others , when a person who is once married but due to divorce or separation, is living alone or miles away from his wife and not in a position to enjoy her company. If such person committed Zin┐, he or she will not be awarded the punishment of stoning.6...In the light of tradition, it is not allowed to award death punishment except the following three circumstances. Firstly, if a person, being a Mohsan, committed Zina, .Secondly, after accepting Islam, if a person converted to other religion. Thirdly, death punishment can be awarded in retaliation of murder committed
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| ISSN: | 2075-0307 2664-3375 |