Of Cheating in Property: A Comparative Review of Pakistan Penal Code’s Sections with Islamic Jurisprudence

Abstract

Law plays an important role in the establishment of any peaceful society. The world at large needs to have some sort of constitution. Islam, being proactive, devised important rules about 1440 years back for the safety of Dīn, Life, Wealth, Wisdom and Generation. In Sharia they are called “Usūl-e-Khamsa” (five rules). Since the entire building of the Sharia stands on these five rules. As mentioned earlier, the safety of Wealth is one of the basics of Dīn. Therefore, Islam introduced the system of Had-e-Sariqa (Punishment for Theft) as well as Highlight its introduction and categorized Theft and Islamic Jurisprudence determined its different types according to the nature and circumstances and stated suitable punishments for them. Cheating in Property is also a kind of theft and wealth cannot become safe if a person give cheating in it. Pakistani Laws especially Pakistan Penal Code has gathered all these rules and has given them the shape of a law. However, the alignment of these laws with the Islamic fiqh is always a big question and it is feared that they miss the Islamic teachings regarding these issues. Therefore, this intellectual enquiry is all about the detailed comparative study of these sections of Pakistan Penal Code regarding to the Cheating in Property with all the four basic Islamic schools of thought. The intention is to make it clear that to what extent each section is in accordance or in conflict with which school of thought.