improvementof the socio-economicorderof society.5° At this stage of development, every effort is directed towards the enforcementof these primary laws and whenthe social order soughtto be achievedis attained, “declaratory laws” may be enforced to restrain people fromdistributing the social order. This kind of laws define crimes and prescribetheir penalties.5' Islam recognizes the idea that socio-economic and ecological circumstances bear a decisive effect upon human behavior.5? Certain conditions and environmental situations induce and compel manto performanact or adopt a conduct, which is a sin or a crimein ordinary set of circumstances.*? Criminologists of the Sociological School point to poverty, unemployment, mass communication media, drunkenness, gambling and decline in religious observance as the crime-producing factors in all human societies.54 On the other hand, advocates of the Ecological Theory find that mostof the delinquents and criminals are foundin the control districts, factory areas and in bad housing conditions and they are mostly poor.s> Broken family, density of population and urbanization are also identified as factors that influenced the commissionof crime.5° TheIslamic worldview thenis, where these conditions obtainin a society the State losses the moral authority to enforce declaratory laws that penalize man for violations of human rights or for subverting the social order, especially where the penalty prescribed is an extreme measure. In Islam, such a State is called “darul harb”ora place of warora state in turmoil andit is considered as the culprit in the disorderthat proceeds with man’s lawlessness brought about,in thefirst place, by the failure of governmenttoestablish the social order where peoplelivein state of felicity or darul salaam or land of peace and security. Under a condition of turmoil and disorder, Islam ordains an indiscriminate exemption from penal liability to sinners andcriminals. The Qur'an lays downthis juristic thought in this wise: But whoeveris driven to necessity not desiring , nor exceeding the limit, no sin shall be upon him.57 In other place, the Prophet Muhammad (MPBUH) says: “There is no punishmentonthe person compelled.”58 Indeed, in the early days of Islam, there were instances when penalty was not enforced on transgressors. The 2"! Caliph of Islam OmarAl-Khattab suspended the enforcementof the penalty on theft during a period of famine under the impression that people might be compelled to steal by hunger.5? The Caliph, in an incident of theft, ordered the employer of some young menwhostole and slaughtered the shecamelofanotherfor food to quench their hunger, to pay double theprice of the camel for starving them by not paying their wages.®° Poverty, in Islam is an exempting °° MuhammadTahir-ul-Qadri, “Islam and Criminality.” 1988: Lahore, p. 139 * Ibid * Ibid., p. 138 *Ibid. **H. Jones, “Crime and the Penal System,” p. 53. In Muhammad Tahir-ul-Qadri, ibid., p. 61 °E.M. Thrasher, “The Gang,” 1937; C.R. Shaw and H.D. Mckay,”Juvenile Delinquency and Urban Area.” 1942. In Muhammad Tahir-ul-Qadri, ibid., p.63 °° Herman Mannheim,“Comparative Criminology,” Vol Il, p. 532. In Muhammad Tahir-ul-Qadri, ibid., pp. 64-65, °7 Qur'an 5:3 °® Qur’an 6:120 °° Muhammad Tahir-ul-Qadri, ibid., p. 140 * Ibid. 22