Of Cheating in Property: A Comparative Review of Pakistan Penal Code’s Sections with Islamic Jurisprudence
Abstract
Law plays an important role in the establishment of any peaceful society.
The world at large needs to have some sort of constitution. Islam, being proactive,
devised important rules about 1440 years back for the safety of Dīn, Life, Wealth,
Wisdom and Generation. In Sharia they are called “Usūl-e-Khamsa” (five rules).
Since the entire building of the Sharia stands on these five rules. As mentioned
earlier, the safety of Wealth is one of the basics of Dīn. Therefore, Islam introduced
the system of Had-e-Sariqa (Punishment for Theft) as well as Highlight its
introduction and categorized Theft and Islamic Jurisprudence determined its
different types according to the nature and circumstances and stated suitable
punishments for them. Cheating in Property is also a kind of theft and wealth cannot
become safe if a person give cheating in it. Pakistani Laws especially Pakistan Penal
Code has gathered all these rules and has given them the shape of a law. However,
the alignment of these laws with the Islamic fiqh is always a big question and it is
feared that they miss the Islamic teachings regarding these issues. Therefore, this
intellectual enquiry is all about the detailed comparative study of these sections of
Pakistan Penal Code regarding to the Cheating in Property with all the four basic
Islamic schools of thought. The intention is to make it clear that to what extent each
section is in accordance or in conflict with which school of thought
Hafiz Shah Bakht Rayyan, Dr. Hafiz Shah Uddin. (2020) مال میں دھوکہ دہی؛ مجموعہ تازیراتِ پاکستان کی دفعات کا فقہ اسلامی کے ساتھ تقابلی جائزہ, Bannu University Research Journal in Islamic Studies, Volume 7, Issue 1.
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