9780190910655 electronic book 0190910658 electronic book 9780190910662 electronic book 0190910666 electronic book 9780190910679 electronic book 0190910674 electronic book 9780190910648 hardcover ; alkaline paper
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. 0Kamali 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. 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.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
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
Digital File Characteristics
Source of Description
Description based on online resource; title from digital title page (viewed on June 14, 2019).
Available in Other Form
Print version: Kamali, Mohammad Hashim. Crime and punishment in Islamic law. New York, NY : Oxford University Press,