THE CONCEPT OF CRIME AND PUNISHMENT UNDER ISLAMIC LAW

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THE CONCEPT OF CRIME AND PUNISHMENT UNDER ISLAMIC LAW

Abstract:

It is common knowledge that in the recent past crime rates have grown to alarming r a t e s . This is a global problem which must be addressed properly. The Islamic Law has supplied subtle rules that, if followed, will curb the infestation of crime in Society. Unfortunately the vast majority of the people are either ignorant or mis-informed of this fact. The topic, The Concept of Crime and Punishment Under Islam has been chosen by the researcher to bring to light the fundamental principles of the Shariah regarding crimes and their punishments, viz – a – viz the subtle differences of opinion taken by the learned men. For this reason chapter one covers the framework of the Islamic Law in general and the legal, social, and indeed the geographical reasons for the various laws regarding crime. The wp§Elftd4ng of the law has also been touched in laying a foundation for the main substance of the topic. Chapter two covers the nature and form of the law of crime and punishment. It also explains the various network of precepts and divisions of crime. The main ( v i i i ) classifications of crimes in the terms of the Hudud, Qisas. and Ta’zir have also been introduced. Chapter three discusses the Hudud offences exclusively together with all the ‘fixed-offences’, t h e i r variant modes of proof, defences and punishments. Chapter four follows in explaining the two other classifications of Qisas and Ta’zir with special reference to their proper enforcement. Chapter five concludes the thesis and therein the researcher has posed some issues related to the modern developments of the space age and their influence or effect on the laws cf the Shariah with particular reference to the laws of crime. Various reasons have been identified as being forefront in the manifestation of loose morals. Finally suggestions have been offered, within the stated laws of means to erradicate the excessive crime rates in society.

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