Crime and punishment in Islamic law : a fresh interpretation

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書誌事項

Crime and punishment in Islamic law : a fresh interpretation

Mohammad Hashim Kamali

Oxford University Press, c2019

  • : hardcover

大学図書館所蔵 件 / 全2件

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

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.

目次

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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