سرقہ و قطعِ ید کیس کے فیصلہ میں وفاقی شرعی عدالت کے دلائل کا تجزیاتی مطالعہ
A Critical Analysis of the Federal Shariat Court’s Jurisprudence regarding Theft and the Punishment of Amputation.
Keywords:
Hudood Ordinance1979, Federal Shariat Court, Qat-i-Yad, Sarqah, Quranic Hermeneutics.Abstract
This research article presents a critical legal analysis of the Federal Shariat Court’s judgment regarding the constitutional challenge to Sections 9 (1, 2, 3) and 10 of the Offence against Property (Enforcement of Hudood) Ordinance, 1979. The petitioner contended that these sections, which outline exceptions to the punishment of amputation (Qat-i-Yad) and propose alternative penalties like imprisonment, contradict the absolute injunctions of the Quran. The study highlights several methodological inconsistencies in the Court's reasoning. This paper asserts that the FSC’s findings regarding the exceptions in Section 10 lack a rigorous direct nexus with the Nass (text) and diverge from the consensus of classical jurists (Jamhur), necessitating a judicial review of the interpretive framework used in Hudood cases.
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