Inchoate offences: An Investigation into the Adoptability of Islamic Law and Jurisprudence

The new version of Islamic Penal Code (IPC) (1392-2013), unlike its old version (1370-1991) which considered inchoate offences as non-punishable, followed the ideas of some law practitioners and listed some sub-categories of inchoate offences; i.e., attenuated crime, impossible offence, and incomplete offence as punishable. The non-punishable view towards inchoate offences in the 1370 (1991) version of IPC was in line with the ideas of those jurisprudents who did not consider preliminary attempts to prohibited actions and aggression as crime. However, in developing the 1392 (2013) version of IPC, the ideas of those jurisprudents who did believe in preliminary attempts to prohibited actions and aggression as crime were taken into account. Therefore, inchoate offences were categorised as punishable, so were preliminary attempts to prohibited actions and - according to some jurisprudents - incomplete offences. Nevertheless, the fact is that law makers could follow the standards of logic and categorise any unlawful behaviour as crime, even though such behaviours were not religiously recognised as unlawful. Inchoate offences are obviously of no exception in such a categorization