Incomplete Crimes
Section 3.17 Attempt
(1) Anyone who, having an intent to commit an offence, does or omits to do anything for the purpose of carrying out the intention and;
- The act or omission is more than the act of preparation, planning or considering the commission of the offense and;
- The offense was not completed,
is guilty of an attempt to commit the offence whether or not it was possible under the circumstances to commit the offence.
(2) Voluntary desistence prior to an arrest for the attempt precludes the punishment.
(3) The Penalty for Hudud and Qisas attempt is less than the penalty for the complete offense. The penalty for Hudud and Qisas attempt is a fine not less than… and not exceeding … and/ or imprisonment for a term not less than ….and not exceeding …
(4) The minimum penalty for Ta’zir offense attempt is admonishment or a fine not less than… and not exceeding … and/ or imprisonment for a term not less than ….and not exceeding ….
Explanatory Notes
Section 3.17.1 manifests the Islamic law doctrine that the attempt to commit a crime is a crime in itself that triggers a punishment.
Section 3.17.2 adopts the perspective of some scholars of the Shafiʽi and Hanbali madhabs.
Section 3.17.3. follows the jurisprudence proportionality doctrine that the punishment for attempts of Hudud or Qisas offences must be less than the punishment for the complete offense. The penalty stated in Section 3.17.3. as well as in Section 3.17.4 is subject to change to according to the circumstances.
