When the harrabah does not fulfill the requirement of proof under section 7, of The Offence Against Property Ordinance, 2979 the offender shall be punished with_________________?
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Answer: B. Tazir
Explanation
The correct answer applies because failure to meet strict hadd evidentiary thresholds forces courts to apply tazir instead. Islamic criminal jurisprudence establishes that missing specific legal proof requirements automatically shifts the charge category to tazir. The legal ordinance specifically provides for tazir sentencing when the severe conditions for hadd punishments are not completely fulfilled. Hadd crimes carry fixed punishments mandated directly by Islamic law with very little judicial discretion allowed. Tazir punishments are discretionary penalties administered by judges for offenses that do not meet strict hadd criteria. Legal evidentiary standards for major property offenses require multiple reliable eyewitness testimonies to establish guilt beyond doubt.
Option A is incorrect because hadd requires absolute proof standards that were unfulfilled in this statutory scenario. Option C is incorrect because qisas relates specifically to retaliation for bodily injuries rather than property offenses. Option D is incorrect because a valid statutory punishment option is indeed provided within the given choices.
- Subject
- Law
- Category
- Judiciary and Law
- Topic
- —
- Difficulty
- medium
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