Islamic criminal jurisprudence • Islamic criminal law (sometimes called penal law) 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.
Four Classes Of Crimes • There are four classes of crimes in Islam, divided according to their mention in the Quran. 1) Hudud - fixed punishments 2) Qisas - meaning retaliation, and following the biblical principle of "an eye for an eye." 3) Diyya - compensation paid to the heirs of a victim. In Arabic the word means both blood money and ransom. 4) Tazir - punishment, usually corporal, administered at the discretion of the judge
1.Hudud • • •
1) 2) 3) 4) 5) 6) 7) • • •
Hudud (Arabic حدود, singular hadd literal meaning "limit", or "restriction") is the word often used in Islamic literature for the bounds of acceptable behaviour and the punishments for serious crimes. In Islamic law or Sharia, Hudud usually refers to the class of punishments that are fixed for certain crimes that are considered to be "claims of God." Therefore the sovereign was held to have a responsibility to punish them. All other offenses were defined as "claims of [His] servants," and responsibility for prosecution rested on the victim. This includes murder, which was treated as a private dispute between the murderer and the victim's heirs. The heirs had the right to compensation and to demand execution of the murderer, but they could also choose to forgive. Hudud offenses include Drinking alcohol (sharb al-khamr) Theft (sariqa) Highway robbery (qat' al-tariq) Illegal sexual intercourse (zina') False accusation of zina' (qadhf) Rebellion against the ruler Apostasy (irtidād or ridda) - 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.
Alcohol • In Islam, alcoholic beverages {An alcoholic beverage is a drink containing ethanol, commonly known as alcohol, although in chemistry the definition of alcohol includes many other compounds. Alcoholic beverages are divided into three general classes: beers, wines, and spirits}. • Or any intoxicant is forbidden, but alcohol is allowed to be used for medical and other purposes, for example industrial and automotive use.
Theft • In criminal law, theft (also known as stealing or filching) is the illegal taking of another person's property without that person's freely-given consent.
Robbery • Robbery is the crime of seizing property through violence or intimidation. More precisely, at common law, robbery was defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear.
Zina •
Zina in Islam is extramarital sex and premarital sex. Islamic law prescribes punishments for Muslim men and women for the act of Zina. • Islamic law considers this prohibition to be for the protection of men and women and for the respect of marriage. Zina is considered one of the greatest sins in Islam, whether it is before marriage or after marriage. In addition to the punishments rendered before death, sinners will be punished severely after death, unless purged of their sins by a punishment according to Sharia law. • Islamic law prescribe stoning as the punishment for adultery committed by a married person, while the punishment for unmarried adulterer is one hundred lashes or being exiled for 12 months. The source for the punishment of an unmarried adulterer is the Quran, while the sources for the punishment of the married adulterer is found in the ahadith.
Rebellion • Rebellion is a refusal of obedience. It may therefore be seen as encompassing a range of behaviours from civil disobedience and mass nonviolent resistance, to violent and organized attempts to destroy an established authority such as the government. Those who participate in rebellions are known as "rebels".
Apostasy in Islam • Apostasy in Islam (Arabic: irtidād or ridda) is commonly defined as the rejection of Islam in word or deed by a person who has been a Muslim. • The four major Sunni and the one major Shia Madh'hab (schools of Islamic jurisprudence) agree that a sane adult male apostate must be executed. They differ on the punishment for a female apostate - some schools calling for death and others for imprisonment.