Download or read book Crime and Punishment in Islamic Law written by Rudolph Peters and published by Cambridge University Press. This book was released on 2005 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, first published in 2006, is an account of the theory and practice of Islamic criminal law.
Download or read book The Oxford Handbook of Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-11-27 with total page 1294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
Download or read book Punishment in Islamic Law written by Muḥammad Salīm ʻAwwā and published by Amer Trust Publications. This book was released on 1982 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Theory of Punishment in Islamic Law written by Mohamed Abdalla Selim El-Awa and published by . This book was released on 1972 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis deals with the theory of Punishment in Islamic law. It is divided into four chapters. In the first chapter I deal with the fixed punishments or "al hudud"; four punishments are discussed: the punishments for theft, armed robbery, adultery and slanderous allegations of unchastity. The other two punishments which are usually classified as "hudud", i.e. the punishments for wine-drinking and apostasy are dealt with in the second chapter. The idea that they are not punishments of "hudud" is fully explained. Neither of these two punishments was fixed in definite terms in the Qur'an or the Sunna, therefore the traditional classification of both of them cannot be accepted. The third chapter discusses the punishment for homicide and injury. It is usually said that homicide is treated under Islamic law rather as a tort than a crime, and an attempt is made to explain and elucidate this. "The fourth chapter deals with the discretionary punishments or "al-ta'zir", and the fifth chapter deals with the law of evidence in criminal cases. In this thesis I have tried to explain the philosophy underlying the theory of punishment in Islamic law, so a survey in which Islamic law is examined in the light of modern penologists' ideas has been added to each of the first four chapters. The conclusion is devoted to a discussion of the possibility of applying the Islamic Penal System in present Muslim societies. I have tried to explain that unless Islamic law is accepted and enforced as a complete and comprehensive system, the Islamic penal system cannot be adopted.
Download or read book Crime and Punishment in Islamic Law written by Professor of Islamic Studies Rudolph Peters and published by . This book was released on 2014-05-14 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an account of the theory and practice of Islamic criminal law.
Download or read book The Theory of Crime and Criminal Responsibility in Islamic Law written by Najātī Sayyid Aḥmad Sanad and published by Office OIS Chi. This book was released on 1991 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Principles of Islamic International Criminal Law written by Farhad Malekian and published by BRILL. This book was released on 2011-06-22 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Crimes and Punishments Under Islamic Law written by Yahaya Yunusa Bambale and published by . This book was released on 2003 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Crime and Punishment in Islamic Law written by Mohammad Hashim Kamali and published by Oxford University Press. This book was released on 2019-05-31 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Islamic concept of Crime written by Dr Muhammad Tahir-ul-Qadri and published by Minhaj-ul-Quran Publications. This book was released on 1985 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Maxims in Islamic Criminal Law Theory and Applications written by Luqman Zakariyah and published by BRILL. This book was released on 2015-10-14 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Included in this examination are the following maxims: al-Umūr bi-Maqāṣidihā ("Matters shall be Judged by their Objectives"); al-Yaqīn lā Yazūl bi-sh-Shakk ("Certainty Cannot be Overruled by Doubt"); al-Mashaqqa Tajlib at-Taysīr ("Hardship begets Facility"); Lā Ḍarar wa-lā Ḍirār ("No Injury or Harm shall be Inflicted or Reciprocated"); and al-ʿĀda Muḥakkama ("Custom is Authoritative").
Download or read book Collective Liability in Islam written by Nurit Tsafrir and published by Cambridge University Press. This book was released on 2020-01-16 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a close analysis of theʿAqila, a group collectively liable for blood money payments, in Islamic law and history.
Download or read book Apostasy in Islam written by Taha Jabir Alalwani and published by International Institute of Islamic Thought (IIIT). This book was released on 2011 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is an established fact that the Prophet never, in his entire life, put an apostate to death. Yet, the issue remains one of the most controversial to have afflicted the Muslim world down the centuries. It is also the source of much damaging media coverage today as Islamic jurisprudence stands accused of a flagrant disregard for human rights and freedom of expression. The subject of this book is a highly sensitive and important one. The author rightly concentrates on evidence, to examine the historical origins of the debate in rigorous detail, as well as the many moral and contextual issues surrounding it. Disputing arguments put forward by proponents of the death penalty he contends that both the Qur’an and the Sunnah promote freedom of belief including the act of exiting the Faith and do not support capital punishment for the sin of al-riddah. Note that attention is on the word sin, for there is qualification: as long as one’s apostasy has not been accompanied by anything else that would be deemed a criminal act, particularly in terms of national security, then according to the author, it remains a matter strictly between God and the individual. Of interest is the fact that the Qur’an significantly refers to individuals repeatedly returning to unbelief after having believed, but does not mention that they should be killed or punished. This work has been written at a time of great complexity and vulnerability when a true understanding of the higher intents and values of the Qur’an and the Sunnah, maqasid al-shariah, is sorely needed. The author employs a strong evidence-based approach examining in detail the Qur’an and authentic Hadith, taking into consideration traditional approaches to the study of the Islamic textual sciences and other fields of knowledge, as well as analyzing scholastic interpretation. Taking the life of a person without just cause is according to the Qur’an equivalent to the killing of the whole of mankind. It is vital therefore, that in the interests of compassion and justice, as well as freedom of belief, this subject is clearly addressed once and for all.
Download or read book Policing Muslim Communities written by Farrukh B. Hakeem and published by Springer Science & Business Media. This book was released on 2012-05-02 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past two decades, Muslim countries across the globe have been faced with a crisis in governance. Starting with a summary of Islamic Law (Sharia) and its implications for law enforcement, this book will highlight the unique needs and challenges of law enforcement, and particularly policing, in these communities. It will provide a scholarly exposition of Sharia law and how it is compatible (or not) with policing in a modern context. The role and contribution of Sharia Law towards conceptualizing law enforcement in a modern context is certainly worth looking forward to, especially understanding its co-existence with civil law in countries with minority Muslim communities. Featuring case studies from throughout the Muslim world, this volume will highlight key qualities of Sharia law and Muslim culture that play a role in law enforcement, including: case processing, community policing, police administration, human rights, and the influence of globalization. Taking a comprehensive approach, this work provides a historical context for colonization events in Muslim countries and their influence on current law enforcement systems, as well as providing key insights into the particular norms that make up the bases for Muslim societies, and their unique needs. Looking into the future, it provides guidelines for how community policing can play a proactive role in law enforcement and crime prevention.
Download or read book Islamic Law written by Mashood A. Baderin and published by Oxford University Press, USA. This book was released on 2021 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic law is one of the major legal systems in the world today, yet it is often misunderstood, particularly in the West. This book provides a critical overview of the theory, scope, and practice of Islamic law, taking into account both classical and modern scholarly perspectives in examining the various facets of this key legal system.
Download or read book Shari a Justice and Legal Order written by Rudolph Peters and published by BRILL. This book was released on 2020-08-03 with total page 726 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shariʿa, Justice and Legal Order: Egyptian and Islamic Law: Selected Essays by Rudolph Peters is about legal practice, both Shariʿa and state law. Its principal themes are legal order and the actual application of law in the Ottoman and more recent periods
Download or read book The Islamic Criminal Justice System written by M. Cherif Bassiouni and published by . This book was released on 1982 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: al-Awwa.
