A concise presentation of classical and modern criminal law; Includes elements of each RFP violation, penalties, and evidentiary requirements. In practice, since the beginning of Islamic history, criminal cases have generally been dealt with by courts administered by local leaders or police according to procedures vaguely related to Sharia law. [9] [10] In modern times, Sharia-based criminal laws have largely been replaced by laws inspired by European models, although in recent decades, under the increasing influence of Islamist movements, several countries have reintroduced elements of Islamic criminal law into their legal texts. [11] [12] Relatively little has been written in English about the Islamic legal tradition, a serious shortcoming given the recent tensions in the Middle East and the Islamic revival in general. Islamic law, or Sharia, is essential to understanding Islamic society and the current conflict between fundamentalism and modernity in the Islamic world. While acknowledging regional differences in the local characteristics of Sharia law, this work provides a simple introduction to procedures and sanctions and discusses key concepts, principles and practices. The introduction of Sharia marked a gradual stage in the development of legal practice, as it altered Islamic customs of retaliation and bloody revenge. Nevertheless, Islamic law differs from general and civil codes because of its religious and practically immutable nature. This book is somewhat theoretical and perhaps not useful for those looking for easily accessible information on Islamic criminal law and procedures, but it does provide an in-depth analysis of Islamic legal theories on topics such as equality, logic, justice, and criminal accountability.
An excellent collection of essays on the essential features of Islamic criminal law, written by eminent scholars in the field. Topics include criminal justice theory in Islam, individual crimes, evidentiary requirements, and court procedures. One of the first comprehensive collections of essays in English on the Islamic criminal justice system. Topics covered include criminal liability, procedures, evidence and sanctions. This handbook aims to equip the public with the tools to confidently challenge misconceptions surrounding Islamic criminal law. This is a teaching manual for undergraduate and graduate students who want to gain a general overview of Islamic law and Islamic criminal justice. It includes reading suggestions, interactive exercises, and several case studies on topics such as legal sources, evidence, and sanctions. When approaching the field of Islamic criminal law for the first time, it is useful to read a general overview first, as the basic frameworks, objectives and sources of Islamic law often differ from those of other legal systems. Some texts introducing the framework of criminal law (Bassiouni 1982; Haleem et al., 2003; Miethe and Lu, 2005; Rosen, 2000) tend to focus on the theoretical aspects and foundations of the Islamic criminal justice system.
Others (el-Awa 1982, Lippman 1989, ʿOudah 1999, Peters 2005) define the framework in practical formats recognizable by lawyers and provide detailed descriptions of the elements of each crime, evidentiary requirements and sentences. Tellenbach 2014 contains less detail than other sources, but provides a useful framework for comparing Islamic criminal law with criminal law in other jurisdictions. During the 19th century, Sharia-based criminal laws were replaced almost everywhere in the Islamic world by laws inspired by European models, with the exception of a few particularly conservative regions such as the Arabian Peninsula. [11] [12] [24] The Islamic renaissance of the late 20th century led to demands from Islamist movements for the full application of Sharia law. [12] [25] The reintroduction of Hudud punishments had special symbolic significance for these groups because of their Quranic origins, and their supporters often ignored strict traditional restrictions on their application. [12] In practice, in countries where Hudud were incorporated into the legal code under Islamist pressure, Hudud were often used sparingly or not at all, and their use varied depending on the local political climate. [12] [24] Their use has been the subject of criticism and debate. A brief rudimentary overview of Islamic criminal law. A comprehensive and detailed four-volume analysis of Islamic criminal law in a format that will be recognizable by lawyers and law students.
The book also offers a comparison between classical Islamic criminal law and modern Egyptian criminal law. Traditional Sharia courts, unlike modern Western courts, do not appoint jurors or prosecutors on behalf of society. Crimes against God are prosecuted by the state as Hudud crimes, and all other criminal cases, including murder and assault, are treated as disputes between individuals, with an Islamic judge deciding the outcome on the basis of Sharia fiqh such as Hanafi, Maliki, Shafi`i, Hanbali and Jafari in Islamic jurisdiction. [8] Tazir includes any crime that does not correspond to Hudud or Qisas and therefore has no punishment in the Qur`an. Tazir in Islamic criminal jurisprudence are crimes for which punishment is at the discretion of the state, ruler or qadi, for acts considered sinful or destructive to public order, but which are not punished as hadd or qisas under Sharia. [30] This article, although somewhat outdated in terms of human rights issues, nevertheless provides a solid overview of Islamic criminal law and procedure, as well as the rules of evidence and procedure in force. A simple, concise and readable introduction to Islamic criminal law and an excellent starting point for readers who want to get an overview of different crimes, evidentiary requirements and penalties. This comprehensive treatise on criminal law includes a chapter on Islamic criminal law and contextualizes it as a representative legal system alongside medieval canon law, indigenous legal traditions, Jewish law, Soviet law, and military justice systems. The chapter is neither long nor detailed, but provides a miniature sketch of common problems. Islamic criminal law (Arabic: فقه العقوبات) is criminal law in accordance with Sharia law. Strictly speaking, Islamic law does not have its own corpus of “criminal law”. It divides crimes into three different categories depending on the crime: Hudud (crimes “against God”,[1] whose punishment is provided for in the Qur`an and Hadiths), Qisas (crimes against an individual or family whose punishment is equal to retribution in the Qur`an and Hadiths), and Tazir (crimes whose punishment is not specified in the Qur`an and Hadiths; and is at the discretion of the Ruler or Qadi, i.e.
judges). T22 [3] [4] Some add the fourth category of Siyasah (crimes against the government),[5] while others consider it part of the Hadd or Tazir crimes. [6] [7] Although criminal law in other jurisdictions tends to be organized according to the type of crime, under classical Islamic law, crimes are classified according to the type and origin of the sentences. Islamic crimes are divided into three categories: (1) crimes and punishments specified in the Qur`an or Sunnah (hudud); (2) offences against the person, including assault and battery, which are considered matters to be settled between the offender and the victim and for which the remedial measures include reprisals (qisas) and financial compensation (diya); and (3) offences that are not specified in the Qur`an or Sunnah and for which penalties are discretionary (taʿzir). Islamic criminal law is not applied uniformly everywhere – interpretations of Sharia and Hudud sentences in countries such as Indonesia and Saudi Arabia, for example, can vary widely. In Pakistan, Hudud crimes have been incorporated into state law. In recent years, Islamic criminal law has been commented on and criticized by academics and activists in the international human rights community. Diyya is compensation paid to the heirs of a victim. In Arabic, the word means both blood money and ransom.
Haleem, Muhammad Abdel, Adel Omar Sherif and Kate Daniels, eds.: Criminal Justice in Islam: Judicial Procedure in the Shariʿa. New York: I. B. Tauris, 2003. Use your phone`s camera – scan the code below and download the Kindle app. Rosen, Lawrence. The Justice of Islam: Comparative Perspectives on Islamic Law and Society. Oxford: Oxford University Press, 2000. Customer reviews, including star ratings of products, help customers learn more about the product and decide if it`s right for them. Lippman, Matthew.
“Islamic Criminal Law and Procedure: Religious Fundamentalism vs. Modern Law.” Boston College International and Comparative Law Review 12 (1989): 29. Miethe, Terance D. und Hong Lu. “Punishment according to Islamic law.” In Punishment: A Comparative Historical Perspective. 155-193. Cambridge, United Kingdom: Cambridge University Press, 2005. 88 Post Road West, Westport, CT 06881, United States of America. To calculate the total number of stars and the percentage distribution per star, we do not use a simple average.