Law:

Section:

(a) Offence of Zina (Enforcement Hudood) Ordinance (VII of 1979)-- ----S. 18---Penal Code (XLV of 1860), S. 354---Attempt to commit rape/zina--­Actus reus and mens rea---Definition---Test for determining actus reus of attempt---Word "attempt" and "preparation"---Meanings.--[Words and phrases]. (1862) Le & CA 423; Digest of Criminal Law: London 9th Edn., Art.29; Commonwealth v. Kennedy (1897) 170 Mass. 18; Ahmad Asalt Mirkahan (Ratan Lal--Law of Crimes); State of Madhya Pradesh v. Babu Lal AIR 1960 MP 155; Nuna v. Emperor (1912) 13 PLR 350; Khadam v. K-E (1920) PLR 42; Kishan Singh AIR 1927 Lah. 580; AIR 1925 Rang. 247; 1972 Raj. L.W. 620; Shaukat v. The State PLD 1982 FSC 177; Muhammad Aslam v. State PLD 1985 FSC 282; Javed Iqbal v. The State PLD 1985 FSC 141; Blacks Law Dictionary, 5th Edn.; State v. Stewart, Mo.App., 537 S.W. 2nd 579, 581 and State v. Quick 199 SC 256, 19 S.E. 2d 101, 103 ref. (b) Islamic jurisprudence---- ---- Crime and punishment---"Attempt to commit an offence"---Concept--­Scope---Concept of attempt under Islamic Penal Law and under modern criminology---Distinction---Unfinished acts that become crime comprise penal offences and are treated in Islamic jurisprudence as separate substantive offences in themselves as liable to Ta'zir, a punishment other than Hadd and Qisas--­Committed act which constitutes part of the intended offence in itself is a complete crime in the eye of Shariah---Punishment has been provided for every abortive or intended offence and there is no exception to the rule e.g. "if a person raises a stick to strike another man but a third person intervenes to prevent the first person, the first person will be guilty of ' an offence and liable to penal punishment (Ta'zir)". Muslim Jurists have not paid exclusive attention to the principles of "an attempt to commit an offence". However, they do make a difference between a completed offence and incomplete or an abortive offence. They seem to be more concerned with the completed offence of Hadd and punishment and for this reason the Muslim Jurists have discussed the penal offences in the general way, without elaborating their ingredients, elements, conditions and other…

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