#14029 - Criminal Synoptic - Islamic Law

ISLAMIC LAW SYNOPTIC NOTES1 Criminal Law Introduction There are a range of criminal offences in Islamic Law. Many are regarded as a matter of private law. Aims of Islamic Criminal Law can be understood in terms of the protection of interests = din, life, family, intellect and wealth. The preservation and protection of each one of these. There's retribution, rehabilitation and deterrence. Seeks to protect both public and private interests. UQUBA = The penal or criminal law in Islam is called Uqubat. Literally this means consequences. Three categorisations of offences 1. Qisas 2. Hudud 3. Tazir 1 Please note that these notes are a mere summary of some of the important points to think about. They are not to be used in isolation, and are certainly not a substitute for the requirement of extensive reading from the variety of sources in this highly interesting area. Students must engage in reading from the core text and beyond. Qisas Referred to as the law of equality. Dealing with pre-Islamic custom of retaliation. Deals with two types of scenarios: ? Homicide ? The infliction of injury Options: ? Retaliation ? Compensation ? Forgiveness What happens in scenarios where there is a killing by mistake. Hudood Literally = restraint or prohibition. Those offences for which there is a fixed mandatory punishment that can be found in the Quran and Sunnah. See further R. Peters. Considered as offences against God. As such they are prescribed in the public interest, no change can be made to the punishment in terms of lightening or lessening it, and no-one can be considered to have the right to cancel the punishment for infringements. The following are considered the hudood offences: ? Zina - unlawful sexual intercourse ? Sariqa - theft ? Shurb al-khamr ? Qazhf - an unfounded accusation of unlawful sexual intercourse (slander, calumny, defamation)