Crime and punishment in Islamic law : a fresh interpretation /
Kamali, Mohammad Hashimauthor.
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. 0Kamali 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.
Includes bibliographical references and index.
1. Introduction -- 2. Islamic criminal justice: an overview -- 3. Hudud in the Qur'an, Sunnah and Fiqh -- 4. Prescribed Hudud crimes -- 5. Zina (Adultery and fornication) -- 6. Theft (Sariqah) -- 7. Banditry and terrorism (xirébah, also qaï¿ al-ùarêq) -- 8. Issues over apostasy (Riddah) -- 9. Slanderous accusation (Qadhf) -- 10. issues over wine-drinking (shurb) -- 11. Enforcement of Hudud punishments: procedural constraints -- 12. Philosophy of Hudud -- 13. Discretionary punishment (ta¿zêr) -- 14. Judicious policy (siyésah shar¿iyyah) -- 15. Just retaliation (qiîéî) -- 16. Blood-money (diyyah) and financial compensation -- 17. Doubt (shubha) and its impact on punishment -- 18. Islam as a total system -- Part two: Islamic criminal law in Malaysia: 19. Hudud bill of Kelantan 1993: an overview -- 20. Hudud and qiîéî bill of Terengganu 2002 -- 21. Problematics of the Hudud bills -- 22. Hudud debate continued: an update 2012 -- 2017 -- Part three: Islamic criminal law in other Muslim countries: 23. Qanun jinayat of Aceh, Indonesia -- 24. Shariah penal code of Brunei Darussalam -- 25. Islamic criminal law in Saudi Arabia -- 26. Shariah punishments in the Islamic Republic of Afghanistan -- 27. Islamic Republic of Pakistan -- 28. Islamic Republic of Iran -- 29. Republic of Nigeria -- 32. Republic of Sudan -- 33. Islamic Republic of Mauritania, Islamic Republic of Maldives and Islamic State of Yemen -- 34. Libya, United Arab Emirates and Qatar -- 35. Conclusion and recommendations -- Glossary -- Bibliography -- Appendix -- Acknowledgement -- Index.
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. 0Kamali 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.
Criminal law (Islamic law)
Punishment (Islamic law)
Criminal law
Crime
Crime
Criminal law
Criminal law (Islamic law)
Punishment (Islamic law)
Crime and punishment in Islamic law.