PROPERTY CRIMES IN ISLAM

In Islamic criminal law, the term hirabah refers to a crime involving

• Simple theft without violence

• Taking property by false contracts
  
  

• Robbery accompanied by violence or threat of violence

• Borrowing money with excessive interest

A key reason hirabah is classified as a violent crime in Islamic law is because it:

• Involves only property loss

• Causes harm and instils fear in society
  
  

• Occurs only in private spaces
  
  

Another reason hirabah is treated as a grave offence is because it is regarded as

• A personal debt dispute

• An act of war against public tranquility and safety
  
  

• A civil disagreement

Literally, the term hudud is derived from the Arabic verb meaning:

• To forgive

• To command

• To limit or restrict
  
  

• To witness

Technically, hudud refers to:

• Any punishment imposed by tribal customs

• The specific punishments prescribed in Qur’an and Sunnah

• Voluntary charitable acts

• Interest-based financial contracts

Which of the following is categorised as a hudud offence?

• Cheating in business

• Highway robbery (hirabah)

• Unintentional homicide

• Breach of contract

The punishment for theft under hudud can include:

• Lifetime imprisonment

• Payment of diyah only
  
  

• Hand amputation under specific conditions

• Flogging only

In Islamic law, qisas technically refers to:

• The payment of fines for civil disputes

• Punishment for property theft

• Retaliation or equal retribution for bodily harm or murder

condition for implementing qisas is that the offender must:

• Be an adult of sound mind

• Be bankrupt

• Be physically disabled

Taʻzir offences are characterised by the fact that:

• They are punishable only by amputation

• Their punishments are explicitly fixed in the Qur’an

• Their punishments are left to the discretion of the judge