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Islamic Criminal Law
Islamic criminal law ( ar, فقه العقوبات) is criminal law in accordance with Sharia. Strictly speaking, Islamic law does not have a distinct corpus of "criminal law". It divides crimes into three different categories depending on the offense – '' Hudud'' (crimes "against God", whose punishment is fixed in the Quran and the Hadiths), '' Qisas'' (crimes against an individual or family whose punishment is equal retaliation in the Quran and the Hadiths), and ''Tazir'' (crimes whose punishment is not specified in the Quran and the Hadiths, and is left to the discretion of the ruler or Qadi, i.e. judge). Some add the fourth category of ''Siyasah'' (crimes against government), while others consider it as part of either Hadd or Tazir crimes. Traditional sharia courts, unlike modern Western courts, do not use jury or prosecutors on the behalf of society. Crimes against God are prosecuted by the state as hudud crimes, and all other criminal matters, including murder and bodi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Diyya
''Diya'' ( ar, دية; plural ''diyāt'', ar, ديات) in Islamic law, is the financial compensation paid to the victim or heirs of a victim in the cases of murder, bodily harm or property damage by mistake. It is an alternative punishment to ''qisas'' (equal retaliation). In Arabic, the word means both blood money and ransom, and it is spelled sometimes as ''diyah'' or ''diyeh''. It only applies when murder is committed by mistake and secondly victim's family has the free consent to compromise with the guilty party; otherwise ''qisas'' applies. ''Diya'' compensation rates have historically varied based on the gender and religion of the victim. In the modern era, diya plays a role in the legal system of Iran, Pakistan, Saudi Arabia and the United Arab Emirates. In Iran and Pakistan, the diya is the same for Muslims and non-Muslims,Tellenbach, Sylvia (2014). ''The Oxford Handbook of Criminal Law'', Oxford University Press. pg. 261 while in Saudi Arabia it differs depending on th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fiqh
''Fiqh'' (; ar, فقه ) is Islamic jurisprudence. Muhammad-> Companions-> Followers-> Fiqh. The commands and prohibitions chosen by God were revealed through the agency of the Prophet in both the Quran and the Sunnah (words, deeds, and examples of the Prophet passed down as hadith). The first Muslims (the Sahabah or Companions) heard and obeyed, and passed this essence of Islam to succeeding generations (''Tabi'un'' and ''Tabi' al-Tabi'in'' or successors/followers and successors of successors), as Muslims and Islam spread from West Arabia to the conquered lands north, east, and west, Hoyland, ''In God's Path'', 2015: p.223 where it was systematized and elaborated Hawting, "John Wansbrough, Islam, and Monotheism", 2000: p.513 The history of Islamic jurisprudence is "customarily divided into eight periods": El-Gamal, ''Islamic Finance'', 2006: pp. 30–31 *the first period ending with the death of Muhammad in 11 AH. *second period "characterized by personal interp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cambridge University Press
Cambridge University Press is the university press of the University of Cambridge. Granted letters patent by Henry VIII of England, King Henry VIII in 1534, it is the oldest university press A university press is an academic publishing house specializing in monographs and scholarly journals. Most are nonprofit organizations and an integral component of a large research university. They publish work that has been reviewed by schola ... in the world. It is also the King's Printer. Cambridge University Press is a department of the University of Cambridge and is both an academic and educational publisher. It became part of Cambridge University Press & Assessment, following a merger with Cambridge Assessment in 2021. With a global sales presence, publishing hubs, and offices in more than 40 Country, countries, it publishes over 50,000 titles by authors from over 100 countries. Its publishing includes more than 380 academic journals, monographs, reference works, school and uni ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hudood Ordinances
The Hudood Ordinances (Urdu ; also Romanized Hadood, Hadud, Hudud; singular form is ''Hadh'' or ''hadd'') are laws in Pakistan that were enacted in 1979 as part of then military ruler Zia-ul-Haq's "Islamisation" process. It replaced parts of the British-era Pakistan Penal Code, adding new criminal offences of adultery and fornication, and new punishments of whipping, amputation, and stoning to death. Lau, "Twenty-Five Years of Hudood Ordinances", 2007: p.1296 Lau, "Twenty-Five Years of Hudood Ordinances", 2007: p.1292 After much controversy and criticism parts of the law were extensively revised in 2006 by the Women's Protection Bill. The Hudood Law was intended to implement Shari'a law or bring Pakistani law into "conformity with the injunctions of Islam", by enforcing punishments mentioned in the Quran and sunnah for ''zina'' (extramarital sex), ''qazf'' (false accusation of ''zina''), theft, and consumption of alcohol. The system provided for two kinds of offences — ''hadd ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Capital And Corporal Punishment In Islam
Capital punishment in Islam was traditionally regulated by Sharia, the religious law in Islam that comes from the Hadith that lists the sayings and practices of Muhammad.Samuel M. Zwemer, The law of Apostasy, The Muslim World. Volume 14, Issue 4, pp. 373–391 Crimes according to the Sharia laws which could result in capital punishment include murder, rape, adultery, homosexuality, etc. Capital punishment is in use in many Muslim-majority countries, where it is utilised for such as crimes as murder, rape, apostasy, witchcraft, homosexuality, and publishing pornography. Capital crimes and sentencing Both the Hadiths and the Quran mention specific crimes for which capital punishment is a valid punishment. In the four primary schools of Sunni fiqh (Islamic jurisprudence) and the two primary schools of Shi'a fiqh, certain types of crimes mandate capital punishment. Qisas Qisas is a category of sentencing where sharia permits capital punishment, for intentional or unintentional ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ransom
Ransom is the practice of holding a prisoner or item to extort money or property to secure their release, or the sum of money involved in such a practice. When ransom means "payment", the word comes via Old French ''rançon'' from Latin ''redemptio'' = "buying back": compare " redemption". Ransom cases Julius Caesar was captured by pirates near the island of Pharmacusa, and held until someone paid 50 talents to free him. In Europe during the Middle Ages, ransom became an important custom of chivalric warfare. An important knight, especially nobility or royalty, was worth a significant sum of money if captured, but nothing if he was killed. For this reason, the practice of ransom contributed to the development of heraldry, which allowed knights to advertise their identities, and by implication their ransom value, and made them less likely to be killed out of hand. Examples include Richard the Lion Heart and Bertrand du Guesclin. In 1532, Francisco Pizarro was paid a rans ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Blood Money (term)
Blood money, also called bloodwit, is money or some sort of compensation paid by an offender (usually a murderer) or their family group to the family or kin group of the victim. Particular examples and uses Blood money is, colloquially, the reward for bringing a criminal to justice. A common meaning in other contexts is the money-penalty paid by a murderer to the kinsfolk of the victim. These fines completely protect the offender (or the kinsfolk thereof) from the vengeance of the injured family. The system was common among Germanic peoples as part of the Ancient Germanic law before the introduction of Christianity (weregild), and a scale of payments, graduated according to the heinousness of the crime, was fixed by laws, which further settled who could exact the blood-money, and who were entitled to share it. Homicide was not the only crime thus expiable: blood-money could be exacted for most crimes of violence. Some acts, such as killing someone in a church or while asleep, or wi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ameneh Bahrami
Ameneh Bahrami ( fa, آمنه بهرامی; born 1978 in Tehran, Iran) is an Iranian woman blinded in an acid attack. She became the focus of international controversy after demanding that her attacker, Majid Movahedi, be punished by being similarly blinded. The punishment is permitted under the Qisas principle of sharia law. Attack Movahedi had reportedly been harassing Bahrami, who he had met as a fellow student at Azad university in Islamshahr, for some time but no police action had been previously taken. Bahrami was walking home from her job at a medical engineering company in October 2004 when he attacked her. She attempted to escape, but Movahedi blocked her path and threw acid in her face. She subsequently underwent 17 surgeries, some in Spain, but remains badly disfigured and blind in both eyes. The Iranian government has paid an equivalent of about £22,500 towards her treatment. Trial and response Bahrami testified against Movahedi at his trial. She informed the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History Among the Saxons, a monetary value called a ''weregild'' was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay the wer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Retributive Justice
Retributive justice is a theory of punishment that when an offender breaks the law, justice requires that they suffer in return, and that the response to a crime is proportional to the offence. As opposed to revenge, retribution—and thus retributive justice—is not personal, is directed only at wrongdoing, has inherent limits, involves no pleasure at the suffering of others (i.e., '' schadenfreude'', sadism), and employs procedural standards. Retributive justice contrasts with other purposes of punishment such as deterrence (prevention of future crimes) and rehabilitation of the offender. The concept is found in most world cultures and in many ancient texts. Classical texts advocating the retributive view include Cicero's ''De Legibus'' (1st century BC), Kant's ''Science of Right'' (1790), and Hegel's ''Philosophy'' ''of Right'' (1821). The presence of retributive justice in ancient Jewish culture is shown by its mention in the law of Moses, which refers to the punishment ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Battery (crime)
Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the act of creating apprehension of such contact. Battery is a specific common law offense, although the term is used more generally to refer to any unlawful offensive physical contact with another person. Battery is defined at American common law as "any unlawful and or unwanted touching of the person of another by the aggressor, or by a substance put in motion by them". In more severe cases, and for all types in some jurisdictions, it is chiefly defined by statutory wording. Assessment of the severity of a battery is determined by local law. Generally Specific rules regarding battery vary among different jurisdictions, but some elements remain constant across jurisdictions. Battery generally requires that: # an offensive touch or contact is made upon the victim, instigated by the actor; and # the actor intends or knows that their action will cause the offensive touching. U ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction (area), jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of Malice (law), ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). brought about by reasonable Provocation (legal), provocation, or diminished capacity. Involuntary manslaughter, ''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
