The offence of abetment liable to Capital Punishment under the Islamic Criminal law And the Pakistan Penal Code

Abstract

This Article critically examines the offence of abetment liable to Capital Punishment under the Islamic Criminal law and the Pakistan Penal Code. Under Islamic Criminal law no one can be awarded Capital punishment for the abetment made in the offences of  Hudood (Arabi: حدود  Ḥudūd, plural of hadd, حد) while in circumstances of Qisas, there are differences among the jurists; Abu Hanifa (رحمہ اللہ تعالیٰ) is on the opinion that like the Punishment of Hudood, Punishment of Qisas shall also not be awarded to the abettor, While Imam Shafie, Imam Malik and  Imam Ahmad Bin Hanbel (رحمھم اللہ تعالیٰ)are on the opinion that  Punishment of Qisas shall be awarded to the abettor. offence of abetment for which the punishment of ta'zir is awarded; there is consensus of the Islamic Scholars i.e, Imam Abu Hanifa, Shafie, Malik and Ahmad bin Hanbel (رحمھم اللہ تعالیٰ) that the Participant by abetment (Arabic: الاشتراك بالتسبب) may be awarded the same punishment as awarded to the Participant by Action(Arabic: الاشتراك بالمباشر).Under the Pakistan Penal Code there are many offences mentioned therein for the abetment of which capital punishment may be awarded.

For awarding of punishment, the commission of crime for an abetment is not required under the Pakistan Penal code, while under the Islamic criminal law, it is required. In case where an offence for which an abetment has made is not committed there shall be no commission of an offence under the Islamic criminal law while under the Pakistan penal code an offence is said to be committed and the abettor will be awarded punishment.