Open AccessThe Offence of Abetment under the Islamic Criminal law
Author(s) -
Kamran Sarwar,
Muhammad Aftab Alam
Publication year - 2020
Publication title -
majallah-yi islāmī-yi tahẕīb va s̱aqāfat
Language(s) - English
Resource type - Journals
eISSN - 2707-6903
pISSN - 2707-689X
DOI - 10.46896/jicc.v3i01.103
Subject(s) - principal (computer security) , commission , punishment (psychology) , commit , action (physics) , law , criminal law , political science , criminology , conviction , order (exchange) , islam , officer , psychology , social psychology , business , computer security , philosophy , physics , theology , finance , quantum mechanics , database , computer science
A person may be said to commit a crime, although, he does not directly be a part of it. To encourage, order, assist another person for the commission of a crime is considered an offence as the act or omission of principal offender is considered. To encourage, order, assist another person for the commission of a crime in legal terminology is called Abetment. Abetment in criminal law specifies distinguish between an abettor and the principal offender. Under the Pakistan Penal Code, in many cases an abettor is not awarded the same punishment as awarded to the principal offender. There are few cases in which the abettor is awarded the same Punishment as awarded to the principal offender. Under Islamic Criminal law majority of Jurists are on the opinion that Hudood punishments will be awarded only in cases where Hudood offences are committed by Participant by Action (Arabic: الاشتراك بالمباشر) in case where these are committed by Participant by abetment (Arabic: الاشتراك بالتسبب), Hudood punishments shall not be awarded to them rather Tazir Punishment may be awarded to them. Thus, Participation in crime is either directly or indirectly. Participation by action (الاشتراك بالمباشر) and Participation by abetment (الاشتراك بالتسبب). Ingredients of Participation by abetment are Consensus (الاتفاق), Instigation:(التحريض and An Assistance (الاعانة). Causes for the commission of abetment are Causeof Shariat(السبب الشرعي), Causeof usages forabetment (السبب العرفي) and Cause of common sense forabetment (السبب الحسي). Further division of Participation by action and participation by abetment: It is further divided into two forms:Tawafuqتوافق)) and Tamalo (تمالؤ). In this reaserach article The Offence of Abetment under the Islamic Criminal law is discussed in detail.