SHAJJAH, ITS TYPES AND PUNISHMENTS

Posted by Advocate Azeem M. Qazi on August 23, 2011

SHAJJAH, ITS TYPES AND PUNISHMENTS Definition Of Shajjah () : Where a person inflicts some injury or harm to another person and such injury does not come within the definition of loss of body organ or loss of capacity of body organ and such injury is not on other parts of body but on the head and face of the victim then such an injury is known as Shajjah () . According to sec. 337 Pakistan Penal Code when a person inflicts injury on the face or head of another person and it does not fall under definition of loss of limb or loss of capacity of limb then it is called Shajjah . Types Of Shajjah: Following are the types of Shajjah; 1) Shajjah Hafeefa ( ) : In the injury where the bone is not revealed then such injury is called Shajjah Hafeefa . 2) Shajjah Mozzaha ( ) : In the injury where the bone is revealed but it is not fractured then the same is called Shajjah Mozzah a . 3) Shajjah Hashma ( ) : In the injury where the bone is fractured but it is not displaced then it is what is known as Shajjah Hashma . 4) Shajjah Manqla ( ) : In the injury where bone is not only fractured but disp laced as well then such injury is Shajjah Manqla . 5) Shajjah Ama ( ) : In the injury where the bone is fractured in such a way that the injury is touching the membrane of brain then it is called as Shajjah Ama . 6) Shajjah Damgha ( ) : Where the injury to the head is so severe that the bone of head is fractured in such a way that the brain membrane also gets torn then it is called Shajjah Damgha . Punishments For Shajjah () : Under sec. 337-A punishments for different types of Shajjah are mention which are as under; 1. Punishment For Shajjah Hafeefa ( ) : The guilty of Shajjah Hafeefa will be held for Zaman ( ) and also the guilty would get imprisonment of either description which can be up to TWO years. 2. Punishment For Shajjah Mozzaha ( ) : The guilty of Shajjah Mozzaha would be held for Qisas ( ) in consultation with the authorized medical officer and if, keeping in view the Islamic principles of equity () , the principle of Qisas cannot be implemented then the guilty would be held for Arsh ( ) which would be 5% of the Diyyat ( ) and imprisonment up to FIVE years of either description can be awarded as Tazeer () . 3. Punishment For Shajjah Hashma ( ) : The guilty of Shajjah Hashma would be held for Arsh ( ) which would be calculated at 10% of Diyyat ( ) and would also get imprisonment up to TEN years of either description as Tazeer () . 4. Punishment For Shajjah Manqla ( ) : The guilty of Shajjah Manqla would be held for Arsh ( ) which would be calculated at 15% of Diyyat ( ) and would also get imprisonment up to TEN years of either description as Tazeer () .

5. Punishment For Shajjah Ama ( ) : The guilty would be held for Arsh ( ) which would be calculated at half the Diyyat ( ) and would also get imprisonment up to TEN years of either description as Tazeer () . 6. Punishment For Shajjah Damgha ( ) : The guilty of Shajjah Damgha would be held for Arsh ( ) which would be calculated at half the Diyyat ( ) and would also get imprisonment up to FOURTEEN years of either description as Tazeer () .