Z. Mir-Hosseini (2011), Criminalizing sexuality: zina laws as violence against women in Muslim contexts. Included is a good discussion of the respective roles and functions of siyasa (the administration of justice by agencies and tribunals other than those of a qadi proceeding in accordance with the Sharia) and Sharia law itself. Batran, Aziz A. The study clarifies and explains the circumstances and background to these new codes, paying special attention to the . Smith, Perry S. Speak No Evil: Apostasy, Blasphemy, and Heresy in Malaysian Syariah Law. U. C. Davis Journal of International Law and Policy 10 (2004): 357. Shah, Niaz A. Submitting Faith to Judicial Scrutiny through the Family Trial: The Abu Zayd Case. Die Welt des Islams 37.2 (1997): 135155. Video. An illustration of two photographs. Full content visible, double tap to read brief content. Discover national and regional digital newspapers. New Delhi: Kitab Bhavan, 1999. Criminal Law Quarterly "Peter's study of Islamic criminal law from the sixteenth century to the present provides the reader with a solid grounding in . Al-Shafis Position on Analogical Reasoning in Islamic Criminal Law: Jurists Debates and Human Rights Implications. International Journal for the Semiotics of Law 30 (2017): 301319. [13][19], Hudud punishments range from public lashing to publicly stoning to death, amputation of hands and crucifixion. The complex laws of qisas and diya are explained and diverse interpretations by the various schools are presented. Filling the Gap in Favour of the Accused: The Approach of Islamic Criminal Law in Light of the Rule No Punishment in Case of Doubt. Tulane European and Civil Law Forum 29 (2014): 147156. By the end of 2000, twelve northern states had adopted Sharia. siglos XI al XIII, Safwat, Safiya, Islamic laws in the Sudan, in, Die Strafrechtsordnung Irans nach der islamischen Revolution, Zeitschrift fr die Gesamte Strafrechtswissenschaft, Prozessrecht des 16. Share Citation . Share Citation . The authors analyze the right to freedom of religion under Islamic law and how that right was marginalized in the premodern era. Islamic Criminal Law; Protection against STDs; Unlawful Sexual Intercourse in Islamic Law In this paper, attempts are made to study the role of Islamic criminal law . General principles of Islamic family law as applied in Egypt, which state that the marriage of an apostate must be dissolved, are examined. 1998 presents a clear overview of tazir, as does Gottesman 1992, although the latter source is somewhat dated and limited to the Pakistani context. This book considers an important and largely neglected area of Islamic law by exploring how medieval Muslim jurists resolved criminal cases that could not be proven beyond a doubt, calling into question a controversial popular notion about Islamic law today, which is that Islamic law is a divine legal tradition that has little room for discretion or doubt, particularly in Islamic criminal law. A split in authority exists as to whether the consumption of intoxicants is a hadd offense. Crimes and Punishments under Islamic Law. Explores the relationship of Sharia law and institutions with political authority and institutions. Muslim Martin Luthers and the Paradox of Tradition", https://en.wikipedia.org/w/index.php?title=Islamic_criminal_jurisprudence&oldid=1157798042, Creative Commons Attribution-ShareAlike License 3.0, M. Cherif Bassiouni (1997), Crimes and the Criminal Process, Arab Law Quarterly, Vol. Book summary views reflect the number of visits to the book and chapter landing pages. It is arguably impossible for Islamic criminal law to be according to the Western legal system due to its foundations, which are based on Islamic states' principles (Otto, Citation 2008). Although this article focuses on Iran, it provides a good overview of the classification of crimes, including hudud offenses, under classical Sharia law. Mahmood and Shaukat, advocates who practice in the High Court of Pakistan, offer concrete examples of the way the ordinances are applied (Mahmood and Shaukat 2007). This book compares economic and physical forms of punishment in several regions of the world. Warrick analyzes the relationship between honor killings and Sharia penalties for adultery, arguing that honor killings, in which a family member kills a female relative for engaging in immoral behavior, are not sanctioned under Islamic law. The accounts of actual cases which range from theft, banditry, murder, fornication and apostasy shed light on the complexities of the law, and the sensitivity and perspicacity of the qadis who implemented it. The list of hudud offenses in this book includes rebellion, which is defined as a political offense for the purpose of achieving political goals in extraordinary circumstances, such as revolution or civil war. Burton states that exegesis is wholly an abstract, theoretical, and literary activity. Reza, Sadiq. Casey, Conerly. Given the publication date, the former section may be more useful than the latter. Includes theoretical analyses of the laws of Qisas and Diyat in Pakistan and data relating to homicide cases obtained from records of various district attorneys offices and Sessions Courts. Islamic Criminal Law and Procedure: An Introduction. Includes initial monthly payment and selected options. One of the first comprehensive collections of essays written in English on the Islamic criminal justice system. The author traces the history of the legal maxim that judges are to avoid imposing hudud punishments and other sanctions in cases of doubt, finding that although later jurists attributed this maxim to hadith of the Prophet, early jurists did not. Available online. He states that, out of respect for divine law, the hudud laws should be suspended. Tellenbach 2014 contains less detail than some other sources but provides a useful framework for comparing Islamic criminal law with criminal law in other legal systems. C. 2: Seme hkmler, De l'influence de la tradition religieuse sur le droit pnal de l'Iran. In Defense of the Codification of the Islamic Law of Hudud into the Law of Pakistan. International Review of Law 11 (2016): 123. This book provides detailed analyses of international criminal law, international humanitarian law, and international criminal justice according to principles of Islamic law. Luqman Zakariyah, Ph.D. (2009), University of Wales, Lampeter, is Assistant Professor of Fiqh and Usul al-Fiqh at International Islamic University Malaysia and a former Research Fellow of ILSP, Harvard Law School between 2012-2013. Share Citation . Batran 2003 analyzes whether the legal logic prohibiting alcohol may be extended to other intoxicants, including tobacco. Washington DC: International Law Institute, 1998. Based on a sample of trials, the present thesis discusses the introduction of Islamic criminal law and the evolution of judicial practice within the regions historical, cultural, political and religious context. Oudah, Abdul Qader. Share Citation . Evidentiary requirements are strict, and punishments are to be carried out in public to maximize deterrent effects. Although the focus of this article is, for the most part, on capital punishment in Islamic law, it also provides a description of the hudud (and in some cases tazir) offenses for which capital punishment may be imposed. Gaps in criminal law and the role courts play in bridging them are explored. The author argues that since so many legal inconsistencies and contradictions are inherent in zina laws, the practice of stoning should be outlawed. Strictly speaking, Islamic law does not have a distinct corpus of "criminal law". and Provides a good overview of the development of the Islamic penal code of Iran. London: I. Karachi, Pakistan: Oxford University Press, 2002. Some texts introducing the criminal law framework (Bassiouni 1982; Haleem, et al. DOI: 10.1177/002201830306700408Save Citation Export Citation Siddique and Hayat 2008 analyze Pakistans blasphemy laws. DOI: 10.1163/157006007783237455Save Citation Export Citation This booklet, written by a Dutch professor of Islamic law as part of a European Commission consultancy, provides a brief general background of the introduction of Sharia law in the northern Nigerian states. Topics include criminal responsibility, procedure, evidence, and punishment. Sharia Implementation in Northern Nigeria, 19992006: A Sourcebook. El-Awa, Mohamed Selim. The author argues that since there are so many legal inconsistencies and contradictions inherent in zina laws, the practice of stoning should be outlawed. Listed below are representative sources that discuss the role of Islamic criminal law and the application of hudud offenses in Indonesia, Iran, Malaysia, Nigeria, Pakistan, and Saudi Arabia. Reading, UK: Centre for Muslim Contribution to Civilization and Garnet Publishing, 1994. 117. As a result of the 1979 revolution, Iran became an Islamic republic, and all legislation incompatible with Islam was abolished. Although somewhat dated with respect to human rights issues, this article provides a solid overview of Islamic criminal law and procedure, as well as applicable rules of evidence and procedure. This ebook is a selective guide designed to help scholars and students of Islamic studies find reliable sources of information by directing them to the best available scholarly materials in whatever form or format they appear from books, chapters, and journal articles to online archives, electronic data sets, and blogs. This comprehensive treatise on criminal law includes a chapter on Islamic criminal law, contextualizing it as a representative legal system alongside medieval canon law, indigenous legal traditions, Jewish law, Soviet law, and military justice systems. This is the first single-authored account of both the theory and practice of Islamic criminal law. DOI: 10.1007/s10609-006-9007-4Save Citation Export Citation Cambridge, UK: Cambridge University Press, 2014. OF MIDDLE EASTERN & ISLAMIC LAW, Vol. Saeed, Abdullah, and Hassan Saeed. Ibadan, Nigeria: Spectrum Books, 2007. The role of custom in Islamic legal theory is discussed, and the question whether interpretations may be changed over time when customs change is addressed. This article focuses on applications of the law of apostasy in Iran and includes a good overview of the Sharia law of apostasy in general, including sources of law, different forms of apostasy, and evidentiary standards. Stoning to Death (Recm) in Theory and Practice in the Ottoman Empire. International Periodical for the Languages, Literature, and History of Turkish or Turkic 3 (2008): 573597. DOI: 10.1163/157181505774841367Save Citation Export Citation Safwat 1982, Shabbir 2002, and Sherwani 1993 provide historical and general overviews of hudud offenses, while Mahmood 1996 and Rahami 2005 analyze how they are applied in the context of modern legislation. Islamic criminal law (Arabic: ) is criminal law in accordance with Sharia.Strictly speaking, Islamic law does not have a distinct corpus of "criminal law". 1994 examines sociological aspects of hudud punishments for theft, including possible deterrent effects, and Gouda 2016 offers an economic analysis. Esmaeili, Hossein. el-Awa, Mohamed Selim. Hiraba is prohibited in Quran 5:3334. Rahmdel, Mansour. This provides the tie-in that although this set was published in India, its Introduction notes: "This book is a Comparative Study of the Islamic Criminal law of Islam and the Modern Law with particular reference to Egyptian law.. B. Tauris, 2003. This item can be returned in its original condition for a full refund or replacement within 30 days of receipt. Boston: Brill, 2009. Issues that arose during the reintroduction and implementation of Islamic criminal law in northern Nigeria are addressed in Casey 2008, Peters 2003, and Taiwo 2008. We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Further, although political authorities tended to exercise discretion in criminal matters in ways that benefitted elites, jurists instead engaged in legal debates over how to resolve legal and factual doubt, resulting in more egalitarian applications of the doctrine of doubt. Divine law is the basic law in Muslim countries which guides the positive law of the country. Sidahmad, Muhammad Ata Alsid. ${cardName} unavailable for quantities greater than ${maxQuantity}. DOI: 10.1111/j.0023-9216.2005.00084.xSave Citation Export Citation Qisas is the Islamic principle of "an eye for an eye". The author, Abdul Qadir Oudah, was associated with the Muslim Brotherhood in Egypt and was assassinated in 1954. Al-juz al-khmis: al-uqbt al-shariyya, Kadi, court, and legal procedure in 17th c. Ottoman Kayseri, Limitations of the judicial powers of the kadi in 17th c. Ottoman Kayseri, Contingency in a sacred law: legal and ethical norms in the Muslim fiqh, Eigentum, Familie und Obrigkeit im hanafitischen Strafrecht. [28] Thus the victim has the ability to pardon the perpetrator and withhold punishment even in the case of murder. Punishment in Islamic Law: A Critique of the Hudud Bill of Kelantan, Malaysia. Arab Law Quarterly 13.3(1998): 203234. Lippman, et al. Variant opinions by scholars from different schools are presented. Law and Practice of Qisas and Diyat. Development of Criminal Punishment in the Iranian Post Revolutionary Penal Code. European Journal of Crime, Criminal Law, and Criminal Justice 13.4 (2005): 585602. Implementation of Islamic Criminal Law in Indonesia: Tazir Punishment as a Solution? IIUM Law Journal 19.1 (2011): 123148. New Haven, CT: Iran Human Rights Documentation Center, 2014. DOI: 10.1163/157302509X454717Save Citation Export Citation [12][24] Their use has been a subject of criticism and debate. Edited by Markus D. Dubber and Tatjana Hornle, 248268. 1 of 5 stars 2 of 5 stars 3 of 5 stars 4 of 5 stars 5 of 5 stars. This book is self-published by the author and includes a detailed list of hudud offenses, their legal sources, punishments, and evidentiary requirements, all organized according to individual Sunni schools. Find out more about the Kindle Personal Document Service. The author concludes that the use of qiyas in criminal law results in incriminating a person based on less than certainty while also representing the most promising way of protecting victims rights. Edited by Joel L. Kraemer and Ilai Alon, 158164. It deals specically with the consequences of enforcing Islamic criminal law in Discussions of honor crimes in cases of sexual misconduct committed by women are included. Lippman, Matthew. Mahmood, Tahir, ed. She argues that reform of zina laws must come from within the Islamic legal tradition and provides a framework that harmonizes Islamic law and international human rights law. Examines international standards relating to the protection of womens and childrens rights and compares them to Islamic family law as it is applied in Saudi Arabia. Buy print or eBook [Opens in a new window] Book contents. 3 (1997), pp. DOI: 10.1163/156851902760227117Save Citation Export Citation Share Citation . You may receive a partial or no refund on used, damaged or materially different returns. Punishment in Islamic Law: A Comparative Study. retaliation), but prescribes that one should seek compensation (Diyya) and not demand retribution. These punishments were specified by the Quran, and in some instances by the Sunnah. Compensation for Homicide in Islamic Sharia. In Criminal Justice in Islam: Judicial Procedure in the Sharia. Consistent with the purposes of hudud offenses to deteras opposed to punishharmful behavior, evidentiary requirements in those cases are strict. Cambridge, UK: Cambridge University Press, 2005. Edited by Muhammad Abdel Haleem, Adel Omar Sherif, and Kate Daniels, 111129. Share Citation . The Hudood Ordinances (also Hudud or Hadood) introduced in Pakistan in 1979 outlawed zina, qadhf (false accusations of unchastity), sariqah (theft), and shrub (consumption of intoxicants). An excellent collection of essays on the essential features of Islamic criminal law, written by well-respected scholars in the field, including evidentiary requirements for criminal offenses. Lange, Christian. Shipping cost, delivery date, and order total (including tax) shown at checkout. It also includes a translation of Ghazalis Faysal al-tafriqa bayn al-Islam wa al-zandaqa (The Decisive Criterion for Distinguishing Faith from Masked Infidelity), in which he discusses the circumstances in which philosophy and esoteric interpretation of the Quran may become apostasy. Bahrami pardoned her attacker and stopped his punishment (drops of acid in his eyes) just before it was to be administered in 2011.[28]. He examines what the Qur'an and hadith say about hudud punishments, as well as just retaliation (qisas), and discretionary punishments . You islamic criminal law (books) brand viagra receive a partial or No refund on used, damaged or materially different returns Muslim in. 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