Crime and Punishment in Islamic Law A Fresh Interpretation

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Format: Hardcover
Pub. Date: 2019-06-28
Publisher(s): Oxford University Press
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Summary

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.

Author Biography


Mohammad Hashim Kamali was Dean and Professor at the International Institute of Islamic Thought and Civilization (ISTAC) and the International Islamic University in Malaysia. He currently heads the International Institute of Advanced Islamic Studies in Kuala Lumpur. Kamali is a leading expert on Islamic law and jurisprudence and a prolific producer of quality scholarship on Islam.

Table of Contents


Introduction

Part One: Shariah Perspectives
II. Islamic Criminal Justice: An Overview
III. Hudud in the Qur'an, Sunnah and Fiqh
IV. Prescribed Hudud Crimes
Preliminary Remarks
V. Zina (Adultery and Fornication)
VI. Theft (Sariqah)
VII. Banditry and Terrorism (Hirabah, also Qat'al-Tariq)
VIII. Issues over Apostasy (Riddah)
IX. Slanderous Accusation (Qadhf)
X. Issues over Wine-Drinking (Shurb)
XI. Enforcement of Hudud Punishments: Procedural Constraints
XII. Philosophy of Hudud
XIII. Discretionary Punishment (Ta'zir)
XIV. Judicious Policy (Siysah Shari'iyyah)
XV. Just Retaliation (Qisas)
XVI. Blood-Money (Diyyah) and Financial Compensation
XVII. Doubt (Shubha) and its Impact on Punishment
XVIII. Islam as a Total System

Part Two: Islamic Criminal Law in Malaysia
Introductory Remarks
XIX. Hudud Bill of Kelantan 1993: An Overview
XX. Hudud and Qisas Bill of Terengganu 2002
XXI. Problematics of the Hudud Bills
XXII. Hudud Debate Continued: An Update 2012 - 2017

Part Three: Islamic Criminal Law in Other Muslim Countries
Introductory Remarks
XXIII. Qanun Jinayat of Aceh, Indonesia
XXIV. Shariah Penal Code of Brunei Darussalam
XXV. Islamic Criminal Law in Saudi Arabia
XXVI. Shariah Punishments in the Islamic Republic of Afghanistan
XXVII. Islamic Republic of Pakistan
XXVIII. Islamic Republic of Iran
XXIX. Republic of Nigeria
XXXII. Republic of Sudan
XXXIII. Islamic Republic of Mauritania, Islamic Republic of Maldives and Islamic State of Yemen
XXXIV. Libya, United Arab Emirates and Qatar
XXXV. Conclusion and Recommendations


Glossary
Bibliography
Index

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