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.
Author(s): Mohammad Hashim Kamali
Publisher: Oxford University Press
Year: 2019
Language: English
Pages: 451
City: Islamic countries.
Tags: Criminal Law: Islamic Law, Punishment: Islamic Law, Criminal Law: Islamic Countries
1. Introduction --
2. Islamic criminal justice : an overview --
3. Hudūd in the Qur'an, Sunnah and Fiqh --
4. Prescribed Ḥudūd crimes --
5. Zina (Adultery and fornication) --
6. Theft (Sariqah) --
7. Banditry and terrorism (Ḥirābah, also Qaṭʻ al-Tarīq) --
8. Issues over apostasy (Riddah) --
9. Slanderous accusation (Qadhf) --
10. issues over wine-drinking (Shurb) --
11. Enforcement of Ḥudūd punishments : procedural constraints --
12. The philosophy of Ḥudūd --
13. Discretionary punishment of Taʻzīr --
14. Judicious policy (Siyāsah Sharʻiyyah) --
15. Just retaliation (Qiṣāṣ) --
16. Blood-money and financial compensation (Diya)--
17. Doubt (Shubha) and its impact on punishment --
18. Islam as a total system --
Part two: Islamic criminal law in Malaysia --
19. Hudud bill of Kelantan 1993 : issues in rape and Zinā --
20. Hudud and Qiṣāṣ bill of Terengganu 2002 --
21. Problematics of the Hudud bills --
22. Ḥudūd debate continued: an update 2012 --
2017 --
Part three: Islamic criminal law in other Muslim countries: 23. Introductory remarks --
24. Qanun Jinayat of Aceh, Indonesia --
25. Shariah penal code in the Islamic Sultanate of Brunei Darussalam --
26. Islamic criminal law in Saudi Arabia --
27. Shariah punishments in the Islamic Republic of Afghanistan --
28. Shariah punishments in the Islamic Republic of Pakistan --
29. Shariah punishments in the Islamic Republic of Iran --
30. Islamic reiminal law in the Republic of Nigeria --
31. Shariah punishments in the Republic of Sudan --
32. Shariah punishments in the Islamic Republic of Mauritania, Islamic Republic of Maldives and Islamic State of Yemen --
33. Shariah punishments in Libya, United Arab Emirates and Qatar --
34. Conclusion and recommendations
