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 (ی
تعال ہللا رحمہ) 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
ی(
تعال ہللا رحمھم(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 )ی
تعال ہللا رحمھم( that the Participant by
abetment (Arabic:بالتسبب االشتراك ) may be awarded the same punishment as
awarded to the Participant by Action(Arabic:بالمباشر االشتراك ).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.