Abstract
A person may be said to commit a crime, although, he does not directly be a
part of it. To encourage, order, assist another person for the commission of a
crime is considered an offence as the act or omission of principal offender is
considered. To encourage, order, assist another person for the commission of
a crime in legal terminology is called Abetment. Abetment in criminal law
specifies distinguish between an abettor and the principal offender. Under the
Pakistan Penal Code, in many cases an abettor is not awarded the same
punishment as awarded to the principal offender. There are few cases in which
the abettor is awarded the same Punishment as awarded to the principal
offender. Under Islamic Criminal law majority of Jurists are on the opinion
that Hudood punishments will be awarded only in cases where Hudood
offences are committed by Participant by Action (Arabic:بالمباشر االشتراك ( in
case where these are committed by Participant by abetment (Arabic: االشتراك
بالتسبب ,(Hudood punishments shall not be awarded to them rather Tazir
Punishment may be awarded to them. Thus, Participation in crime is either
directly or indirectly. Participation by action (بالمباشر االشتراك (and
Participation by abetment (بالتسبب االشتراك .(Ingredients of Participation by
abetment are Consensus (االتفاق ,(Instigation:التحريض )and An Assistance
(االعانة .(Causes for the commission of abetment are Causeof Shariat( السبب
الشرعي ,(Causeof usages forabetment (العرفي السبب (and Cause of common sense
forabetment (الحسي السبب .(Further division of Participation by action and
participation by abetment: It is further divided into two forms:Tawafuq)توافق (
and Tamalo (تمالؤ .(In this reaserach article The Offence of Abetment under the
Islamic Criminal law is discussed in detail.
Kamran Sarwar, Dr. Muhammad Alam. (2020) The Offence of Abetment under the Islamic Criminal law, Journal of Islamic Civilization and Culture, Volume 3, Issue 1.
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