2. Islamic criminal jurisprudence
Islamic criminal law(sometimes called penal law) is
criminal law in accordance with Islamic law. Criminal
law is seen as part of the relationship between Allah
and the believer, and is therefore a fundamental
aspect of the religious law.
3. Four Classes Of Crimes
There are four classes of crimes in Islam, divided
according to their mention in the Quran.1)Hudud -
fixed punishments2)Qisas - meaning retaliation, and
following the biblical principle of "an eye for an
eye."3)Diyya - compensation paid to the heirs of a
victim. In Arabic the word means both blood money
and ransom.4) Tazir - punishment, usually corporal,
administered at the discretion of the judge
4. 1.Hudud
Hudud(Arabic دوح, singular hadd literal meaning "limit", or "restriction") is the
word often used in Islamic literature for the bounds of acceptable behavior and the
punishments for serious crimes.
In Islamic law or Sharia, Hudud usually refers to the class of punishments that are
fixed for certain crimes that are considered to be "claims of God.“
Therefore the sovereign was held to have a responsibility to punish them. All
other offenses were defined as "claims of [His] servants," and responsibility for
prosecution rested on the victim. This includes murder, which was treated as a private
dispute between the murderer and the victim's heirs. The heirs had the right to
compensation and to demand execution of the murderer, but they could also choose
to forgive. Hudud offenses include
1)Drinking alcohol (sharb al-khamr)
2)Theft (sariqa)
3)Highway robbery (qat' al-tariq)
4)Illegal sexual intercourse (zina')
5)False accusation of zina' (qadhf)
6)Rebellion against the ruler
7)Apostasy (irtidād or ridda) - includes blasphemy.
The Shafi'i school of Islamic jurisprudence does not include highway robbery.
The Hanafi school does not include rebellion and heresy.
Except for drinking alcohol, punishments for all Hudud crimes are specified in the
Quran or Hadith: stoning-Hadith, amputation and flogging.
5. Alcohol
In Islam, alcoholic beverages{An alcoholic beverage
is a drink containing ethanol, commonly known as
alcohol, although in chemistry the definition of
alcohol includes many other compounds. Alcoholic
beverages are divided into three general classes:
beers, wines, and spirits}.
Or any intoxicant is forbidden, but alcohol is allowed
to be used for medical and other purposes, for
example industrial and automotive use.
6. Theft
•In criminal law, theft (also known as stealing
or filching) is the illegal taking of another person's
property without that person's freely-given consent.
7. Robbery
Robbery
is the crime of seizing property through violence or
intimidation. More precisely, at common law, robbery
was defined as taking the property of another, with
the intent to permanently deprive the person of that
property, by means of force or fear.
8. Zina
in Islam is extramarital sex and premarital sex. Islamic
law prescribes punishments for Muslim men and women
for the act of Zina.
Islamic law considers this prohibition to be for the
protection of men and women and for the respect of
marriage. Zina is considered one of the greatest sins in
Islam, whether it is before marriage or after marriage. In
addition to the punishments rendered before death,
sinners will be punished severely after death, unless
purged of their sins by a punishment according to Sharia
law.
Islamic law prescribe stoning as the punishment for
adultery committed by a married person, while the
punishment for unmarried adulterer is one hundred
lashes or being exiled for 12 months. The source for the
punishment of an unmarried adulterer is the Quran, while
the sources for the punishment of the married adulterer is
found in the ahadith.
9. Rebellion
is a refusal of obedience. It may therefore be seen
as encompassing a range of behaviors from civil
disobedience and mass nonviolent resistance, to
violent and organized attempts to destroy an
established authority such as the government. Those
who participate in rebellions are known as "rebels".
10. Apostasy in Islam
Apostasy in Islam (Arabic: irtidad or ridda) is
commonly defined as the rejection of Islam in word
or deed by a person who has been a Muslim.
•The four major Sunni and the one major Shia
Madh'hab (schools of Islamic jurisprudence)agree
that a sane adult male apostate must be executed.
They differ on the punishment for a female apostate
- some schools calling for death and others for
imprisonment.