Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979

Section: 9(1)(2)(3)

Law: Constitution of Pakistan, 1973

Section: 203-D

Offences Against Property (Enforcement of Hudood) Ordinance, 1979-- ----Ss. 9(1)(2)(3) 10--Constitution of Pakistan, 1973, Art. 203-D--Shariat petition--Punishment for theft only amputation of hand according to the Holy Quran and Sunnah--Application for challenged punishment of theft claimed that this is unislamic-- Without going into further detail we will examine impugned Section 9 in accordance with Article 203-D of Constitution to analyze whether it is in accordance with Islamic Injunction or not as fundamentally required by Article 203-D of Constitution--For reference impugned Section 9(1)(2)(3) of Ordinance is reproduced below for reference: “9. Punishment of theft liable to ‘Hadd’: (1) Whoever commits theft liable to ‘Hadd’ for first time shall be punished with amputation of his right hand from joint of wrist. (2) Whoever commits theft liable to ‘Hadd’ for second time shall be punished with amputation of his left foot up to ankle. (3) Whoever commits theft liable to ‘Hadd’ for third time, or any time subsequent thereto, shall be punished with imprisonment for life.” The Hadd punishment for theft is prescribed by Allah Almighty in following verse of Holy Quran: As for a man or a woman who commits theft, cut off hands of both to punish them for what they earned, a deterrent punishment from Allah--Allah is Mighty, Wise. (al-Maidah:38) On basis of verse, Ahadith and practice of Khulafah-ur-Rashedun, quoted above it is agreed upon by Muslim scholars that in first instance right hand of thief shall be cut off, and if he commits it a second time, his left leg shall be cut off--Jurists are in agreement that hand in execution of punishment of Hadd of theft is to be cut from wrist--[Ref: Hidayah, Bidayah wa Sinayah Vol. 7]--Jurists use principle of usul al fiqih to understand meaning of hand in determinate meaning which is called () instead of indeterminate meaning called ()-- Dr. Adud al-Qadir ‘Audah also narrated opinion of four schools of thought as discussed by Wahabah Zuhaili in Al fiqh ul Islami wa Addilathu as: “the Jurists are unanimous that word ‘’ occurring in Quranic verse applies to both, hand and foot--If thief commits offence for first time, his…

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