Islamic criminal jurisprudence

:"This is a sub-article of fiqh and criminal law.

Islamic criminal law (فقه العقوبات) 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.

There are four classes of crimes in Islam, divided according to their mention in the Quran."Between Vision and Reality: Law in the Arab World", Guy Bechor, IDC Projects Publishing House, 2002.pp. 105-110] ["The Constitution of Iran : politics and the state in the Islamic Republic" / by Asghar Schirazi, London ; New York : I.B. Tauris, 1997 p.223-4]

Hudud

Hudud, meaning "limits", is the most serious category and includes crimes specified in the Quran.

These are:
#Drinking alcohol (sharb al-khamr, شرب الخمر)
#Theft (sariqa, السرقة)
#Highway robbery (qat' al-tariq, قطع الطريق)
#Illegal sexual intercourse (zina', الزناء)
#False accusation of zina' (qadhf, القذف) [1]
#Rebellion against the ruler
#Apostasy (irtidād or ridda, ارتداد) - 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. There are very definite criteria that need to be met, however, before any such punishment can be given. Unless under full Islamic Shariah, however, none of these punishments can be given and called an Islamic punishment, as is frequently done in today's world, in country's supposedly run by "adapted" Shariah. Although these same countries often appear in the Media for pertaining that these punishments are due to the country being run by Shariah.

Qisas

Qisas is the Islamic principle of an eye for an eye. This category includes the crimes of murder and battery.

Punishment is either exact retribution or compensation (Diyya).

Tazir

Tazir includes any crime that does not fit into Hudud or Qisas and which therefore has no punishment specified in the Quran. These types of crimes range from homosexuality to perjury to treason.

Diyya

Diyya is compensation paid to the heirs of a victim. In Arabic the word means both blood money and ransom.

The Quran specifies the principle of Qisas (ie, retaliation), but prescribes that one should seek compensation (Diyya) and not demand retribution.

We have prescribed for thee therein ‘a life for a life, and an eye for an eye, and a nose for a nose, and an ear for an ear, and a tooth for a tooth, and for wounds retaliation;’ but whoso remits it, it is an expiation for him, but he whoso will not judge by what God has revealed, these be the unjust. [Cite quran|5|45]

References