Crime And Punishment In Islamic Law: A Fresh Interpretation 1st Edition – Ebook Instant Download/Delivery ISBN(s): 9780190910662,0190910666,9780190910648, 019091064X

Product details:

• ISBN-10: 0190910666
• ISBN-13: 9780190910662
• Author: Mohammad Hashim Kamali

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.

Table contents:

I. Introduction

Part One: Shariah Perspectives

II. Islamic Criminal Justice: An Overview

III. Ḥudūd in the Qur’an, Sunnah, and Fiqh

IV. Prescribed Ḥudūd Crimes

V. Zinā (Adultery and Fornication)

VI. Theft (Sariqah)

VII. Banditry and Terrorism (Ḥirābah, also Qaṭʿ al-Tarīq)

VIII. Issues over Apostasy (Riddah)

IX. Slanderous Accusation (Qadhf)

X. Issues over Wine Drinking (Shurb)

XI. Enforcement of Ḥudūd Punishments: Procedural Constraints

XII. The Philosophy of Ḥudūd

XIII. Discretionary Punishment of Taʿzīr

XIV. Judicious Policy (Siyāsah Sharʿiyyah)

XV. Just Retaliation (Qiṣāṣ)

XVI. Blood Money and Financial Compensation (Diya)

XVII. Doubt (Shubha) and Its Impact on Punishment

XVIII. Islam as a Total System

Part Two: Islamic Criminal Law in Malaysia

XIX. Hudud Bill of Kelantan 1993: Issues in Rape and Zinā, Witnesses, and Confession

XX. Hudud and Qiṣāṣ Bill of Terengganu 2002

XXI. Problematics of the Hudud Bills

XXII. The Ḥudūd Debate Continued: Update 2012–2017

Part Three: Islamic Criminal Law in Other Muslim Countries

XXIII. Introductory Remarks

XXIV. Qanun Jinayat of Aceh, Indonesia

XXV. Shariah Penal Code in the Islamic Sultanate of Brunei Darussalam

XXVI. Islamic Criminal Law in Saudi Arabia

XXVII. Shariah Punishments in the Islamic Republic of Afghanistan

XXVIII. Shariah Punishments in the Islamic Republic of Pakistan

XXIX. Shariah Punishments in the Islamic Republic of Iran

XXX. Islamic Criminal Law in Republic of Nigeria

XXXI. Shariah Punishments in Republic of Sudan

XXXII. Shariah Punishments in the Islamic Republics of Mauritania and Maldives, and Islamic State of Yemen

XXXIII. Shariah Punishments in Libya, the United Arab Emirates, and Qatar

XXXIV. Conclusion and Recommendations

People also search:

crime and punishment in islamic law pdf

crime and punishment in islamic law

types of punishment in sharia law

what does islam say about crime and punishment

types of punishment in islamic law