Crime And Punishment In Islamic Law

This book, first published in 2006, is an account of the theory and practice of Islamic criminal law.

In Crime and Punishment in Islamic Law: A Fresh Interpretation, Mohammad Kamali considers problems associated with and proposals for reform of the hudud punishments prescribed by Islamic criminal law, and other topics related to crime and punishment in Shariah. He examines what the Qur'an and hadith say about hudud punishments, as well as just retaliation (qisas), and discretionary punishments (ta'zir), and looks at modern-day applications of Islamic criminal law in 15 Muslim countries. Particular attention is given to developments in Malaysia, a multi-religious society, federal state, and self-described democracy, where a lively debate about hudud has been on-going for the last three decades. Malaysia presents a particularly interesting case study of how a reasonably successful country with a market economy, high levels of exposure to the outside world, and a credible claim to inclusivity, deals with Islamic and Shariah-related issues. Kamali concludes that there is a significant gap between the theory and practice of hudud in the scriptural sources of Shariah and the scholastic articulations of jurisprudence of the various schools of Islamic law, arguing that literalism has led to such rigidity as to make Islamic criminal law effectively a dead letter. His goal is to provide a fresh reading of the sources of Shariah and demonstrate how the Qur'an and Sunnah can show the way forward to needed reforms of Islamic criminal law.

This is an apt publication for modern times, in which 'Sharia' has become a byword for an unacceptable social system, and is vilified as such; when crime is rife in communities governed by Sharia; and when in the non-Islamic West, the Islamic social and criminal justice systems are subject to intense public scrutiny and criticism, but remain little understood. The author presents a clear and factual account of the Islamic criminal justice system, expounding what he considers to be the real issues of Sharia, often ignored or misrepresented by both Islamic and Western scholars, and explaining its wider Islamic context and ethics, its Arabic roots, classical heritage and terminology, and its relevance to contemporary Muslim societies. Contents: concept of crime; features of Islamic criminal liability; defences to Islamic criminal liability; 'Hudud' crimes; 'Zina' - adultery or fornication; 'Qadhf' - slander or false accusation; 'Hadd' offence of 'al-sariqa' - theft; 'Hadd' offence of 'shurbul khamr' - wine drinking; 'Hiraba' - brigandage or highway armed robbery; 'Riddah' - apostasy; 'Baghye' - rebellion or treason; 'Qisas - retaliation; 'Ta'azir' punishment.

This is an account of the theory and practice of Islamic criminal law.

In The Codification of Islamic Criminal Law in the Sudan, Olaf Köndgen offers an in-depth analysis of Islamic criminal law in the Sudan through the penal codes of 1983 and 1991; he examines their application and interpretations in the case law of the Sudan’s Supreme Court.

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. Written by a leading international authority on the subject, the ebook provides bibliographic information supported by direct recommendations about which sources to consult and editorial commentary to make it clear how the cited sources are interrelated related. A reader will discover, for instance, the most reliable introductions and overviews to the topic, and the most important publications on various areas of scholarly interest within this topic. In Islamic studies, as in other disciplines, researchers at all levels are drowning in potentially useful scholarly information, and this guide has been created as a tool for cutting through that material to find the exact source you need. This ebook is a static version of an article from Oxford Bibliographies Online: Islamic Studies, a dynamic, continuously updated, online resource designed to provide authoritative guidance through scholarship and other materials relevant to the study of the Islamic religion and Muslim cultures. Oxford Bibliographies Online covers most subject disciplines within the social science and humanities, for more information visit www.aboutobo.com.

The goal of this book is to minimize the misunderstandings and conflicts between International law and Islamic law. The objective is to bring peace into justice and justice into peace for the prevention of violations of human rights law, humanitarian law, international criminal law, and impunity.