SOAS Research Online

Abstract

The Pakistan Constitution forbids the enactment of laws repugnant to basic Islamic principles and contemplates the revision of existing laws to make them conform to these principles. The object of this thesis is to lay the provisions of the Penal Code alongside the corresponding rules in the Sharia, to define the discrepancies, establish the extent to which the Penal Code offends against Islamic principles and to suggest amendments of the Code, where these appear to be necessary to satisfy the provisions of the Constitution. Ch. I indicates the scope of the work, and, as the "basic Islamic principles" have yet to be settled for the purpose of the Constitution, defines them for the purpose of this thesis, and explains why they are so defined. In Ch. II, are set out the sources and basic concepts of Islamic law. Ch. III explains the substantive principles of Islamic Penal Law in force in the Indo-Pakistan sub continent before the enactment of the Penal Code. Ch. IV deals with the background of the legal history of the amendment of the Penal law in Bengal. In Ch. V, homicide and in Ch.VI, all other offences affecting human life are studied. Ch. VII deals with theft and robbery, Ch. VIII, with all other offences under the code which are punishable under ta'zir and siyasa. In Ch. IX, the Islamic penal law under the Moghuls is discussed. My conclusions which may be summarised by saying that there is very little in the penal code repugnant to the established provisions of Islam are set out in Ch. X.