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Volume :20 Issue : 63 2005      Add To Cart                                                                    Download

Waivers of Theft Penalty in Islamic Jurisprudence Compared to the Yemeni and Sudanese Criminal Law

Auther : Dr. Ahmad Yusuf Ali Al-Samaadi

 This study aims at clarifying the waivers of theft penalty in Islamic Jurisprudence compared to Yemeni and Sudanese criminal law.

 The crime of theft that enjoins the penalty (Hadd), is defined as covertly, dishonestly and without consent taking any … property belonging to another, out of a place of custody (hirz) … without any justification.”. To apply the penalty of this crime, the following conditions must be met, otherwise the specific penalty (hadd) of the crime of theft will not be waived. and might be substituted by discretionary penalty (tazir in Arabic). The conditions that waive the penalty are:

  1. Decline from witness or confession.
  2.  Availability of material or legal opposition to witness.
  3. Witness is outdated.
  4. The owner of the stolen property belies the thief.
  5. Loosing eligibility.

 

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