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Section: Islamic Hudood Laws 1979

Question About: Hirz Imprisonment of Life and Nisab

Define the following:
(1) Hirz
(2) Imprisonment of Life
(3) Nisab

Answer
Hirz: “Hirz” means an arrangement made for the custody property:

Explanation 1

Property placed in a house, whether its door is closed or not or is an almirah or a box or other container or in the custody of a person, whether he is paid for such custody or not is said to be in “hirz”.

Explanation 2

If a single family is living in a house, the entire house will constitute a single, hirz’ but if two or more families are living in one house severally, the portion in the occupation of each family will, constitute a separate ‘hirz’.

Hirz does not mean only an enclosed area:

Hirz does not mean only an enclosed area. It includes even an unenclosed open place provided that movable property placed there remains in the custody of either the owner of some other person.
It is to the effect that property placed in a house, whether its door is closed or not or in an almirah or other container in the custody of a person, whether he is paid for such custody or not is said to be in “Hirz”.

Kinds of Hirz:

In Fiqh there are two kinds of Hirz:
(i) Hirz ul Makan, and
(ii) Hirz ul Hafiz div>

(i) Hirz-ul-Makan:

Hirz-ul-Makan is the enclosed area where none may enter without permission of the owner.

(ii) Hirz-ul-Hafiz:

Permission for entry may be not required, just as mosques, common ‘ads and open places outside the city. Where property is stolen from such unprotected places the hand of the thief cannot be cut except in cases in which the watchman is near the property whether sleeping or awake or whether the property be under him or near him. This is borne out by the tradition of Safwan, son of Omayya.
The facts of that case are: The Safwan was sleeping in a mosque with his mantle under head. The thief removed the mantle from under his head. He was immediately captured by Safwan who took him to the Holy Prophet (P B U H). The Holy Prophet (PBUH) directed the hands of the thief to be cut. Safwan who appeared to have been struck with compassion that he rather gifted the mantle to the thief. The Holy Prophet (P B U H) said this could have been done before he was brought to him .The sentence was therefore executed.

Imprisonment for Life

“Imprisonment for life” means imprisonment till death:

Punishment for life is the second highest form of punishment as prescribed in the PPC. It may be inflicted for the offences of ion, counterfeiting Pakistani coin, culpable homicide and attempt to murder.

Imprisonment is of two descriptions:

Rigorous: Here the offender is put to hard labour, such as grinding the corn, drawing, digging earth cutting firewood, etc. In the case of simple imprisonment the offender is confined in jail and is not put to any of work. The maximum period of imprisonment that can be awarded for an offence is fourteen years (Section 55). The shortest provided for an offence is twenty-four hours (Section 510).

Nisab:

Nisab for purposes of theft liable to Hadd has been at 4.457 grams of gold, or property of equivalent value, at the time of the commission of theft. If theft is committed from the same hirzes not one occasion but in more than one transactions or from ii hirzes and the value of the property stolen in each of such transactions is less than 4.457 grams such theft or thefts shall not c to Hadd even if the value of the property stolen on all such ions totally exceeds 4.457 grams.
One of ingredients of theft liable to “Hadd” being valuation of stolen property being not less than value of Nisab i. e. 4.457 grams of gold, burden lies on prosecution to lead some evidence, oral or documentary to prove value of 4.457 grams of gold in terms of rupees prevailing on date of commission of theft.
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