Crime And Punishment In Islamic Law

Author by : Rudolph Peters
Languange : en
Publisher by : Cambridge University Press
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Description : This book, first published in 2006, is an account of the theory and practice of Islamic criminal law.


Crime And Punishment In Islamic Law

Author by : Mohammad Hashim Kamali
Languange : en
Publisher by : Oxford University Press, USA
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Description : 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.


Crime And Punishment Under Islamic Law

Author by : Ibrāhīm ibn Muḥammad Ibn Ḍūyān
Languange : en
Publisher by : Unknown
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Crimes And Punishments Under Islamic Law

Author by : Yahaya Yunusa Bambale
Languange : en
Publisher by : Unknown
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Total Read : 63
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Description : 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.


Islamic Criminal Law Oxford Bibliographies Online Research Guide

Author by : Christie S. Warren
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
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Description : 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.


Crime And Punishment In Islamic Law

Author by : Professor of Islamic Studies Rudolph Peters
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
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Description : This is an account of the theory and practice of Islamic criminal law.


Crime And Punishment In Indonesia

Author by : Tim Lindsey
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 78
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Description : Indonesia’s criminal law system faces major challenges. Despite the country’s transition to democracy, both the Criminal Code and the Criminal Procedure Code are badly out of date, the former only superficially changed since colonial times and the latter remaining as it was under Soeharto’s authoritarian New Order regime. Law enforcement officers and judges are widely seen as corrupt or incompetent, and new laws, including new Islamic laws passed at the regional level, often contradict the Criminal Code and national statutes, including human rights laws. This book, based on extensive original research by leading scholars in the field, provides an overall assessment of the state of criminal law, law enforcement and penal policy in Indonesia, considers in depth a wide range of specific areas of criminal law, and discusses recent efforts at reform and their prospects for success.


Crime And Punishment

Author by : Muhammad Abdullah Vahed
Languange : en
Publisher by : Unknown
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Islamic Concept Of Crime

Author by : Dr Muhammad Tahir-ul-Qadri
Languange : en
Publisher by : Minhaj-ul-Quran Publications
Format Available : PDF, ePub, Mobi
Total Read : 76
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Crime And Punishment Under Islamic Law

Author by : M. Mukarram Ahmed
Languange : en
Publisher by : Unknown
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Total Read : 62
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Description : The Arabic word janayat means the wrong committed by someone. It is the infinitive of Jani Alaih Sharrun meaning so and so has done wrong to so and so. In the terminology of Islamic jurisprudence, the term connotes committing an act which is unlawful under the shariah, whether such and act affects the life of someone or his property, et.


Sharia The Islamic Law

Author by : Corinna Standke
Languange : en
Publisher by : GRIN Verlag
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Description : Seminar paper from the year 2008 in the subject Orientalism / Sinology - Islamic Studies, grade: 1,7, University of Hildesheim (Institut fur Angewandte Sprachwissenschaft), course: Ba-Seminar Interkulturelle Kommunikation, 18 entries in the bibliography, language: English, abstract: Today, we live in a multicultural society. In our nearest environment there are people from different cultures or religions and they are part of our society. Muslims are one group that participates in our daily lives. For example, we are surrounded by many Turkish people, without really knowing which principles they follow. If we open a newspaper, we find plenty of articles dealing with Sharia, the Islamic law. There is for example the Archbishop of Canterbury who wants to integrate Islamic law into British law. And at present, the debate on headscarves in Turkish universities revives. Once in a while, we hear from women who are sentenced to death because they had unlawful sexual intercourse. But what do we really know about Muslims? Which rules do they follow and where do these rules come from? If we cannot answer this question, it is difficult to understand why there are these harsh punishments in some Islamic countries and why Islam is so important for the social development of these countries. There are Islamically inspired schools, clinics, social welfare services, and insurance and finance companies that have proliferated. Governments have to face crises of identity and political legitimacy and they are pressured to reformulate values and legislation within an Islamic framework. Some people call for the implementation of Sharia and others call for the Islamization of existing laws. In my paper, I will give an insight into Sharia and I will show how it is implemented in different Islamic countries. As this is a very complex topic, I will focus on the origin of Sharia, customs, family law, and crime and punishment, so as to explain the main principles of Muslim faith."


Legal Maxims In Islamic Criminal Law Theory And Applications

Author by : Luqman Zakariyah
Languange : en
Publisher by : BRILL
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Description : Using contemporary illustrations, Legal Maxims in Islamic Criminal Law delves into the theoretical and practical studies of al-Qawaid al-Fiqhiyyah in Islamic legal theory. It elucidates the importance of this concept in the application of Islamic law and demonstrates how the concept relates to the objectives of Islamic law (maqāṣid al-Sharī‘ah), generally.


The Codification Of Islamic Criminal Law In The Sudan

Author by : Olaf Köndgen
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 28
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Description : This book fills an important gap in the available literature on the more recent developments of the Sudanese legal system, with a special focus on Islamic Criminal Law on the one hand and its administration by the Sudanese Supreme Court on the other.


Punishment Under Islamic Law

Author by : Abdul-Haq al- Ani
Languange : en
Publisher by : Unknown
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Total Read : 33
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Crime And Punishment Under Islamic Law

Author by : Ibrahim ibn Muhammad ibn Salim Ibn Duyan
Languange : en
Publisher by : Unknown
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Total Read : 24
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Crime Punishments In Pakistan

Author by : Waqas Ajwad
Languange : en
Publisher by : Unknown
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Description : Whenever you are Visiting a Country, you should know about Laws of that Country. The local laws apply to you as a visitor and it is your responsibility to follow them.As a visitor to a foreign country, you should always respect the local laws and customs of the country you are visiting. Know about Laws so you can avoid getting into trouble, either with the law or by offending the locals.Be sensitive to local customs, traditions and practices as your behaviour may be seen as improper, hostile or even illegal.The Pakistan Penal Code is Law of Pakistan that contains 27 different offenses punishable by death, including blasphemy, rape, sexual intercourse outside of marriage, assault on the modesty of women, and smuggling of drugs. This Code draws its origin from the Indian Penal Code, after several amendments from different governments in Pakistan, the Code is now a mixture of Islamic and English law. This Code provides explanations, definition, and punishment for all type of offenses. Section 302 of the Code governs the punishment for murder.Section 376 states that if and when the act of rape is committed by two or more individuals with common intention like gang rapes the criminals should meet the fate of death or life imprisonment.Although in many countries insults or defamation of any religion such as Islam is not a crime, in Pakistan this is one of the biggest crimes one can commit. Blasphemy is deemed a crime not only under the Code but also under Islamic law.The Code address the penalty and offenses relating to religion under section 295B and C. Subsection B punishes any defamation made against the Holy Qur'an with life imprisonment. Whereas, punishment under subsection C is for any written or spoken words direct or indirect made to defile the 'sacred name of Prophet Muhammad' will be punished by death or life imprisonment.


Islam And Punishment

Author by : Muhammad Haroon
Languange : en
Publisher by : Unknown
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Criminal Justice In Islam

Author by : Anonim
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 42
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Description : "Similar to other countries criminal justice has been one of the most debated issues in Islamic cultures. Over the years Islamic criminal law has attracted much media attention. However, debates over penal policies and practices in the Islamic world are touching between extremes which are ideologically and philosophically different from those of other countries. Islamic criminal justice system equally encompasses criminal procedure and the attendant institutional arrangements. The components of the Islamic criminal justice system therefore include law enforcements, prosecution, defence by the accused, court trial and post-conviction rehabilitation. Studying criminal punishment in Islamic countries, which have their own rationale behind punishing criminals, helps us to understand the nature of punishment as a social institution. Moreover, unraveling social and cultural conditions of penal practices in these countries reduces the level of "absurdity" and "idiosyncrasy" of some penal options in these countries. However, in other Islamic societies whose political order is not rested on Islam and its injections, Shari'a still plays a significant role in public and private life and competes with or even contradicts state laws. Therefore, Islamic punishments may be exercised by ordinary Muslims who do not believe in state penal laws and wish for an Islamic way of justice. This book Criminal Justice in Islam contains state of the art reviews of Islamic perspectives on punishment and sentencing. By drawing the parallels between both the Islamic and western concepts of punishments, this work attempts to dispel the western critique against the Islamic punishments. Islamic beliefs and practice, therefore, are discussed as the main explanatory factor for the low crime rate in Islamic countries. This book aims to equip the audience with the necessary tools to confidently challenge the misconceptions surrounding Islamic criminal law.


Human Rights In Islam And The Un Universal Declaration Of Human Rights

Author by : Mukhtar Farid
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
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Description : There are lots of misconception about Muslims, Islamic laws, and applying the laws to the society. When the critics look at some of the Islamic countries, they point out the cruel way of treating and subjecting the people to apply Islamic laws, and consider it barbaric. Capital punishments are criticized and this concept paint whole picture about Islam and Muslim as heinous and nomadic, without mercy. The book is written comparing UN Human Rights and what laws Quran has given fourteen hundred years ago. Comparing the laws framed by The Universal Declaration of Human Rights that was adopted on December 10, 1948 by the General Assembly of the United Nations and exactly same human rights given in Quran. The attempt of this analysis is to show how each of the fundamental human rights guaranteed in this declaration are already found in the Holy Quran. We will discuss one by UN Human Rights Articles of Human rights, and compare it with Quran's order. The Quran was revealed to Prophet Mohammad a unlettered man, born in Arabia, (Present Saudi Arabia) in the city of Makkah, in the year 571 AD. The main aim is to remove misconceptions from minds of people who do not understand or know the book revealed long ago. The punishment in Islamic law is to create fear among criminals so that laws will have upper hand. As per study of law and order situation in my home country, there are so many loop holes in the system of implementing punishment that it takes ten to fifteen years before culprits are punished. This gives a room for the criminals to keep on doing crimes, as they do not fear the laws.


Crime And Punishment In Istanbul

Author by : Fariba Zarinebaf
Languange : en
Publisher by : Univ of California Press
Format Available : PDF, ePub, Mobi
Total Read : 97
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Description : This vividly detailed revisionist history exposes the underworld of the largest metropolis of the early modern Mediterranean and through it the entire fabric of a complex, multicultural society. Fariba Zarinebaf maps the history of crime and punishment in Istanbul over more than one hundred years, considering transgressions such as riots, prostitution, theft, and murder and at the same time tracing how the state controlled and punished its unruly population. Taking us through the city's streets, workshops, and houses, she gives voice to ordinary people—the man accused of stealing, the woman accused of prostitution, and the vagabond expelled from the city. She finds that Istanbul in this period remains mischaracterized—in part by the sensational and exotic accounts of European travelers who portrayed it as the embodiment of Ottoman decline, rife with decadence, sin, and disease. Linking the history of crime and punishment to the dramatic political, economic, and social transformations that occurred in the eighteenth century, Zarinebaf finds in fact that Istanbul had much more in common with other emerging modern cities in Europe, and even in America.


The Application Of Islamic Criminal Law In Pakistan

Author by : Tahir Wasti
Languange : en
Publisher by : BRILL
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Description : No legal system in the world has aroused as much public interest as Sharia. However, the discourse around Sharia law is largely focussed on its development and the theories, principles and rules that inform it. Less attention has been given to studying the consequences of its operation, particularly in the area of Islamic criminal law. Even fewer studies explore the actual practice of Islamic criminal law in contemporary societies. This book aims to fill these gaps in our understanding of Sharia law in practice. It deals specifically with the consequences of enforcing Islamic criminal law in Pakistan, providing an in-depth and critical analysis of the application of the Islamic law of Qisas and Diyat (retribution and blood money) in the Muslim world today. The empirical evidence adduced more broadly demonstrates the complications of applying traditional Sharia in a modern state.


Islamic Criminal Law And Procedure

Author by : Matthew Ross Lippman
Languange : en
Publisher by : Praeger Pub Text
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Description : 2. The origins of islamic law


Law And Legality In The Ottoman Empire And Republic Of Turkey

Author by : Kent F. Schull
Languange : en
Publisher by : Indiana University Press
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Total Read : 68
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Description : The editors of this volume have gathered leading scholars on the Ottoman Empire and the Republic of Turkey to chronologically examine the sweep and variety of sociolegal projects being carried in the region. These efforts intersect issues of property, gender, legal literacy, the demarcation of village boundaries, the codification of Islamic law, economic liberalism, crime and punishment, and refugee rights across the empire and the Aegean region of the Turkish Republic.


Islamic Law In Modern Courts

Author by : Haider Ala Hamoudi
Languange : en
Publisher by : Wolters Kluwer
Format Available : PDF, ePub, Mobi
Total Read : 81
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Description : Islamic Law in Modern Courts provides an easily accessible introduction to Islamic law written specifically for law students and legal professionals, and designed to be taught not only by Islamic law specialists, but also by those working in related fields such as law and religion or comparative legal systems. Framed as a casebook, the text uses translations of judicial decisions involving real-world legal disputes to present a picture of Islamic law as it is actually applied in the contemporary world. The casebook draws on material from a variety of countries but focuses primarily on two jurisdictions. Cases from Indonesia exemplify the law of the majority Sunni branch of Islam, while cases from Iraq reflect the influence of both Sunni and Shi’a law. The casebook begins with a brief introduction to the religion of Islam and the sources, methods, and historical development of Islamic law. Four substantive law chapters cover the main subjects over which Islamic law continues to exert significant influence. These include inheritance law, the law of marriage and divorce, Islamic finance and charitable foundations, and Islamic criminal law. A final chapter examines constitutional adjudication of issues related to Islamic law. Key Features: Examines Islamic law as state law that is enforced by national courts but with roots in and ongoing connections with the rich classical tradition. Designed for use by both experts in Islamic law as well as faculty who have an interest in Islamic law but lack extensive background in the subject. Cases are accompanied by commentary that explains and situates the doctrine applied in the decision and suggests questions for classroom discussion. The five substantive law chapters are self-contained units that permit instructors to design a course that focuses on subject areas of particular interest.


Issues In Islamic Law

Author by : MashoodA. Baderin
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 91
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Description : Islamic substantive law, otherwise called branches of the law (furu? al-fiqh), covers the textual provisions and jurisprudential rulings relating to specific transactions under Islamic law. It is to Islamic substantive law that the rules of Islamic legal theory are applied. The relationship between Islamic legal theory and Islamic substantive law is metaphorically described by Islamic jurists as a process of ?cultivation? (istithmar), whereby the qualified jurist (mujtahid), as the ?cultivator?, uses relevant rules of legal theory to harvest the substantive law on specific issues in form of ?fruits? (thamarat) from the sources. The articles in this volume engage critically with selected substantive issues in Islamic law, including family law; law of inheritance; law of financial transactions; criminal law; judicial procedure; and international law (al-siyar). These areas of substantive law have been selected due to their contemporary relevance and application in different parts of the Muslim world today. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research.