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Homicide In Islam
''Qisas'' or ''Qiṣāṣ'' ( ar, قِصَاص, Qiṣāṣ, lit=accountability, following up after, pursuing or prosecuting) is an Islamic term interpreted to mean "retaliation in kind",Mohamed S. El-Awa (1993), Punishment In Islamic Law, American Trust Publications, "eye for an eye", or retributive justice. In classical/traditional Islamic law (''sharia''), the doctrine of qisas provides for a punishment analogous to the crime. The principle of qisas in ancient societies meant that the person who committed a crime or the tribe he belonged to was punished in the same way as the crime committed. That is, an eye for an eye, a tooth for a tooth, an ear for an ear, and a life for a life. Since the ''principle of individual responsibility'' did not exist in ancient societies, someone else (such as his closest relative) could be punished instead of the criminal. Most time, it was ignored whether the act was a deliberate act, a life or ''blood cost'' was charged for each life. The ba ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Islamic Criminal Jurisprudence
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 bodily i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dhimmi
' ( ar, ذمي ', , collectively ''/'' "the people of the covenant") or () is a historical term for non-Muslims living in an Islamic state with legal protection. The word literally means "protected person", referring to the state's obligation under ''sharia'' to protect the individual's life, property, as well as freedom of religion, in exchange for loyalty to the state and payment of the '' jizya'' tax, in contrast to the ''zakat'', or obligatory alms, paid by the Muslim subjects. ''Dhimmi'' were exempt from certain duties assigned specifically to Muslims if they paid the poll tax (''jizya'') but were otherwise equal under the laws of property, contract, and obligation. Historically, dhimmi status was originally applied to Jews, Christians, and Sabians, who are considered to be "People of the Book" in Islamic theology. This status later also came to be applied to Zoroastrians, Sikhs, Hindus, Jains, and Buddhists. Jews and Christians were required to pay the ''jizyah'' wh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jizya
Jizya ( ar, جِزْيَة / ) is a per capita yearly taxation historically levied in the form of financial charge on dhimmis, that is, permanent Kafir, non-Muslim subjects of a state governed by Sharia, Islamic law. The jizya tax has been understood in Islam as a fee for protection provided by the Muslim ruler to non-Muslims, for the exemption from military service for non-Muslims, for the permission to practice a non-Muslim faith with some communal autonomy in a Muslim state, and as material proof of the non-Muslims' submission to the Muslim state and its laws. The Quran and hadiths mention jizya without specifying its rate or amount,Sabet, Amr (2006), ''The American Journal of Islamic Social Sciences'' 24:4, Oxford; pp. 99–100. and the application of jizya varied in the course of Islamic history. However, scholars largely agree that early Muslim rulers adapted existing systems of taxation and tribute that were established under previous rulers of the conquered lands, such as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Harun Al-Rashid
Abu Ja'far Harun ibn Muhammad al-Mahdi ( ar , أبو جعفر هارون ابن محمد المهدي) or Harun ibn al-Mahdi (; or 766 – 24 March 809), famously known as Harun al-Rashid ( ar, هَارُون الرَشِيد, translit=Hārūn al-Rashīd) was the fifth Abbasid caliph of the Abbasid Caliphate, reigning from September 786 until his death. His reign is traditionally regarded to be the beginning of the Islamic Golden Age. His epithet "al-Rashid" translates to "the Orthodox", "the Just", "the Upright", or "the Rightly-Guided". Harun established the legendary library Bayt al-Hikma ("House of Wisdom") in Baghdad in present-day Iraq, and during his rule Baghdad began to flourish as a world center of knowledge, culture and trade. During his rule, the family of Barmakids, which played a deciding role in establishing the Abbasid Caliphate, declined gradually. In 796, he moved his court and government to Raqqa in present-day Syria. A Frankish mission came to offer H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Abu Yusuf
Ya'qub ibn Ibrahim al-Ansari () better known as Abu Yusuf ( ar, أبو يوسف, Abū Yūsuf) (d.798) was a student of jurist Abu Hanifa (d.767) who helped spread the influence of the Hanafi school of Sharia, Islamic law through his writings and the government positions he held. He served as the chief judge (''qadi al-qudat'') during reign of Harun al-Rashid. His most famous work was ''Kitab al-Kharaj'', a treatise on taxation and fiscal problems of the state. Biography Abu Yusuf lived in Kufa and Baghdad, in what is now Iraq, during the 8th century. His genealogy has been traced back to Sa'd ibn Habta, a youth in Medina in the time of the Prophet, and his birth date is estimated based on the date of his death to be around 113/729CE. Based on anecdotal stories, Abu Yusuf was raised poor but with a ferocious appetite for knowledge. His mother disapproved of his academic desires, insisting that he master some trade (the art of tailoring, according to some source) so as to help ma ... [...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] |
Jizya
Jizya ( ar, جِزْيَة / ) is a per capita yearly taxation historically levied in the form of financial charge on dhimmis, that is, permanent Kafir, non-Muslim subjects of a state governed by Sharia, Islamic law. The jizya tax has been understood in Islam as a fee for protection provided by the Muslim ruler to non-Muslims, for the exemption from military service for non-Muslims, for the permission to practice a non-Muslim faith with some communal autonomy in a Muslim state, and as material proof of the non-Muslims' submission to the Muslim state and its laws. The Quran and hadiths mention jizya without specifying its rate or amount,Sabet, Amr (2006), ''The American Journal of Islamic Social Sciences'' 24:4, Oxford; pp. 99–100. and the application of jizya varied in the course of Islamic history. However, scholars largely agree that early Muslim rulers adapted existing systems of taxation and tribute that were established under previous rulers of the conquered lands, such as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hudud
''Hudud'' (Arabic: ''Ḥudūd'', also transliterated ''hadud'', ''hudood''; plural of ''hadd'', ) is an Arabic word meaning "borders, boundaries, limits". In the religion of Islam it refers to punishments that under Islamic law ( sharīʿah) are mandated and fixed by God as per Islam. These punishments were applied in pre-modern Islam,Wael Hallaq (2009), ''An introduction to Islamic law'', p.173. Cambridge University Press. . and their use in some modern states has been a source of controversy. Traditional Islamic jurisprudence divides crimes into offenses against God and those against man. The former are seen to violate God's ''hudud'' or "boundaries", and they are associated with punishments specified in the Quran and in some cases inferred from hadith. The offenses incurring ''hudud'' punishments are ''zina'' (unlawful sexual intercourse such as fornication), unfounded accusations of ''zina'', drinking alcohol, highway robbery, and some forms of theft. Jurists have differed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Apostasy In Islam
Apostasy in Islam ( ar, ردة, or , ) is commonly defined as the abandonment of Islam by a Muslims, Muslim, in thought, word, or through deed. An apostate from Islam is referred to by using the Arabic language, Arabic and Glossary of Islam, Islamic term ''murtād'' (). It includes not only explicit renunciations of the Islamic faith by Religious conversion, converting to another religion or Irreligion, abandoning religion altogether, but also Islam and blasphemy, blasphemy or heresy, through any action or utterance which implies unbelief, including those who deny a "fundamental tenet or Aqidah, creed" of Islam. While Fiqh, classical Islamic jurisprudence calls for the Capital punishment in Islam, death penalty of those who refuse to repent of apostasy from Islam, the definition of this act and whether and how it should be punished, are disputed among Islamic scholars and strongly opposed by Muslim and Non-Muslim supporters of the Universal human rights, universal human righ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hanafi
The Hanafi school ( ar, حَنَفِية, translit=Ḥanafiyah; also called Hanafite in English), Hanafism, or the Hanafi fiqh, is the oldest and one of the four traditional major Sunni schools ( maddhab) of Islamic Law (Fiqh). It is named after the 8th century Kufan scholar, Abu Hanifa, a Tabi‘i of Persian origin whose legal views were preserved primarily by his two most important disciples, Imam Abu Yusuf and Muhammad al-Shaybani. It is considered one of the most widely accepted maddhab amongst Sunni Muslim community and is called the ''Madhhab of Jurists'' (maddhab ahl al-ray). The importance of this maddhab lies in the fact that it is not just a collection of rulings or sayings of Imam Abu Hanifa alone, but rather the rulings and sayings of the council of judges he established belong to it. It had a great excellence and advantage over the establishment of Sunni Islamic legal science. No one before Abu Hanifa preceded in such works. He was the first to solve the cases an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hanbali
The Hanbali school ( ar, ٱلْمَذْهَب ٱلْحَنۢبَلِي, al-maḏhab al-ḥanbalī) is one of the four major traditional Sunni schools (''madhahib'') of Islamic jurisprudence. It is named after the Arab scholar Ahmad ibn Hanbal (d. 855), and was institutionalized by his students. The Hanbali madhhab is the smallest of four major Sunni schools, the others being the Hanafi, Maliki and Shafi`i. The Hanbali school derives ''sharia'' primarily from the ''Qur'an'', the ''Hadiths'' (sayings and customs of Muhammad), and the views of Sahabah (Muhammad's companions). In cases where there is no clear answer in sacred texts of Islam, the Hanbali school does not accept ''istihsan'' (jurist discretion) or '''urf'' (customs of a community) as a sound basis to derive Islamic law, a method that Hanafi and Maliki Sunni '' madh'habs'' accept. Hanbali school is the strict traditionalist school of jurisprudence in Sunni Islam. It is found primarily in the countries of Saudi Arabia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Maliki
The ( ar, مَالِكِي) school is one of the four major schools of Islamic jurisprudence within Sunni Islam. It was founded by Malik ibn Anas in the 8th century. The Maliki school of jurisprudence relies on the Quran and hadiths as primary sources. Unlike other Islamic fiqhs, Maliki fiqh also considers the consensus of the people of Medina to be a valid source of Islamic law. The Maliki school is one of the largest groups of Sunni Muslims, comparable to the Shafi`i madhhab in adherents, but smaller than the Hanafi madhhab. Sharia based on Maliki doctrine is predominantly found in North Africa (excluding northern and eastern Egypt), West Africa, Chad, Sudan, Kuwait, Bahrain, Qatar, the Emirate of Dubai (UAE), and in northeastern parts of Saudi Arabia.Jurisprudence and Law – Islam Reorienting the Veil, University of North Car ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
