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Tazir
In Islamic Law, ''tazir'' (''ta'zeer'' or ''ta'zir'', ) lit. scolding; refers to punishment for offenses at the discretion of the judge (Qadi) or ruler of the state.Tazir Oxford Islamic Studies, Oxford University Press It is one of three major types of punishments or sanctions under Islamic law, — '' hadd'', '' qisas / '' and ''ta'zir''. Contrary to the lightness of naming, tazir are discretionary p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hadd
''Hudud'' is an Arabic word meaning "borders, boundaries, limits". The word is applied in classical Islamic literature to punishments (ranging from public lashing, public stoning to death, amputation of hands, crucifixion, depending on the crime), for a limited number of crimes (murder, adultery, slander, theft, etc.), for which punishments have been determined (or traditionally thought to have been determined) in the verses of Quran. In classical Islamic literature, punishments are mainly of three types; Qisas-diya, Hudud, and Ta'zeer. Hudud covers the punishments given to people who exceed the limits associated with the Quran and deemed to be set by Allah (Hududullah is a phrase repeated several times in the Quran without labeling any type of crime), and in this respect it differs from Ta'zeer (). 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 sta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Islamic Law
Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on scriptures of Islam, particularly the Qur'an and hadith. In Islamic terminology ''sharīʿah'' refers to immutable, intangible divine law; contrary to ''fiqh'', which refers to its interpretations by Islamic scholars. Sharia, or fiqh as traditionally known, has always been used alongside customary law from the very beginning in Islamic history; has been elaborated and developed over the centuries by legal opinions issued by qualified jurists – reflecting the tendencies of different schools – and integrated and with various economic, penal and administrative laws issued by Muslim rulers; and implemented for centuries by judges in the courts until recent times, when secularism was widely adopted in Islamic societies. Traditional theory of Islamic jurisprudence recognizes four sources for Ahkam al-sharia: the Qur'an, ''sunnah'' (or authentic ahadi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sharia
Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on Islamic holy books, scriptures of Islam, particularly the Quran, Qur'an and hadith. In Islamic terminology ''sharīʿah'' refers to immutable, intangible divine law; contrary to ''fiqh'', which refers to its interpretations by Ulama, Islamic scholars. Sharia, or fiqh as traditionally known, has always been used alongside urf, customary law from the very beginning in Islamic history; has been elaborated and developed over the centuries by fatwa, legal opinions issued by mufti, qualified jurists – reflecting the tendencies of Schools of Fiqh, different schools – and integrated and with various economic, penal and administrative laws issued by Muslims, Muslim rulers; and implemented for centuries by Qadi, judges in the courts until recent times, when secularism was widely adopted in Islamic societies. Traditional Principles of Islamic jurisprudence, theory o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Qisas
''Qisas'' or ''Qiṣāṣ'' () 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. ''Qisas'' and ''diyya'' applied as an alternative in cases where retaliation conditions not met are two of several forms of punishment in classical/traditional Islamic criminal jurisprudence, the others being '' Hudud'' and '' Ta'zir''. In ancient societies, the principle of retaliation meant that the person who committed a crime or the tribe to which he belonged was punished in a manner, equivalent to the crime committed. So, an eye for an eye, a tooth for a tooth, an ear for an ear, and a life for a life. Since there was no principle of individual responsibility in ancient societies, someone else, such as the closest relative, could be punished instead of the criminal. Most of the time, it was ignored whether the act was intentional or not, and a price of life ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Punishment
Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon an individual or group, meted out by an authority—in contexts ranging from child discipline to criminal law—as a deterrent to a particular action or behavior that is deemed undesirable. It is, however, possible to distinguish between various different understandings of what punishment is. The reasoning for punishment may be to condition a child to avoid self-endangerment, to impose social conformity (in particular, in the contexts of compulsory education or military discipline), to defend norms, to protect against future harms (in particular, those from violent crime), and to maintain the law—and respect for rule of law—under which the social group is governed. and violates the law or rules by which the group is governed. Punishment may be self-inflicted as with self-flagellation and mortification of the flesh in the religious setting, but is most often a form of socia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Qadi
A qadi (; ) is the magistrate or judge of a Sharia court, who also exercises extrajudicial functions such as mediation, guardianship over orphans and minors, and supervision and auditing of public works. History The term '' was in use from the time of Muhammad during the early history of Islam, and remained the term used for judges throughout Islamic history and the period of the caliphates. While the and played the role in elucidation of the principles of Islamic jurisprudence () and the Islamic law (), the qadi remained the key person ensuring the establishment of justice on the basis of these very laws and rules. Thus, the qadi was chosen from amongst those who had mastered the sciences of jurisprudence and law. The office of qadi continued to be a very important one in every principality of the caliphates and sultanates of the various Muslim empires over the centuries. The rulers appointed a qadi in every region, town, and village for judicial and administrative cont ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Diyya
''Diya'' (; : ''diyāt'', ) 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.Anver M. Emon (2012), ''Religious Pluralism and Islamic Law: Dhimmis and Others in the Empire of Law'', Oxford University Press, , pp. 234-235 In the modern era, diya plays a role in the legal system of Iran, Pakistan, Saudi Arabia and the United Arab Emirates. In Iran, the diya for recognized religious minorities ( Zoroastrians, Jews, and Christians, with the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hadith
Hadith is the Arabic word for a 'report' or an 'account f an event and refers to the Islamic oral tradition of anecdotes containing the purported words, actions, and the silent approvals of the Islamic prophet Muhammad or his immediate circle ( companions in Sunni Islam, Ahl al-Bayt in Shiite Islam). Each hadith is associated with a chain of narrators ()—a lineage of people who reportedly heard and repeated the hadith from which the source of the hadith can be traced. The authentication of hadith became a significant discipline, focusing on the ''isnad'' (chain of narrators) and '' matn'' (main text of the report). This process aimed to address contradictions and questionable statements within certain narrations. Beginning one or two centuries after Muhammad's death, Islamic scholars, known as muhaddiths, compiled hadith into distinct collections that survive in the historical works of writers from the second and third centuries of the Muslim era ( 700−1000 CE). For ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Al-Kasani
'Ala' al-Din al-Kasani (), known as Al-Kasani or al-Kashani, was a 12th Century Sunni Muslim Jurist who became an influential figure of the Hanafi Madh'hab, school of Sunni jurisprudence, which has remained the most widely practiced law school in the Sunni tradition. He was nicknamed Malik al-'Ulama' ("King of the Scholars"). His major work entitled Bada'i' al-Sana'i' fi Tartib al-Shara'i' () is one of the most important Islamic legal manuals of the Hanafi tradition. Life Early life and marriage Al-Kāsānī came from the place of Kāsān (Kasansay, Kosonsoy) in the Ferghana and was a student of the Hanafi legal scholar 'Ala' al-Din al-Samarqandi (died 1144), who gave him his daughter Fatima al-Samarqandi, who was trained in fiqh, as a wife. As a bridal gift he was to gift her a commentary on the legal compendium of her father, Tuḥfat al-fuqahā. The book, Bada'i As-Sana'i, was accepted as a dowry. Career At an unknown date, he emigrated to Asia Minor, where he worked a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Theft
Theft (, cognate to ) is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shorthand term for some crimes against property, such as larceny, robbery, embezzlement, extortion, blackmail, or receiving stolen property. In some jurisdictions, ''theft'' is considered to be synonymous with '' larceny'', while in others, ''theft'' is defined more narrowly. A person who engages in theft is known as a thief ( thieves). ''Theft'' is the name of a statutory offence in California, Canada, England and Wales, Hong Kong, Northern Ireland, the Republic of Ireland, and the Australian states of South Australia Theft (and receiving). and Victoria. Theft. Elements The '' actus reus'' of theft is usually defined as an unauthorised taking, keeping, or using of another's property which must be accompanied by a '' mens rea'' of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
