Islamic Criminal Jurisprudence
- This is a sub-article of fiqh and criminal law.
Islamic criminal law (Arabic: فقه العقوبات) is criminal law in accordance with Islamic law. Strictly speaking, Islamic law does not have a distinct corpus of "criminal law," as sharia courts do not have prosecutors, and all matters, even criminal ones, are in principle handled as disputes between individuals.
As opposed to other legal systems, in which crimes are generally considered violations of the rights of the state, Islamic law divides crimes into four different categories depending on the nature of the right violated:
- Hadd: violation of a boundries of God.
- Ta'zir: violation of the right of an individual.
- Qisas: violation of the mixed right of God and of an individual in which the right of the individual is deemed to predominate.
- Siyasah: violation of the right of the state.
Read more about Islamic Criminal Jurisprudence: Hudud, Qisas, Tazir
Famous quotes containing the word criminal:
“Think of admitting the details of a single case of the criminal court into our thoughts, to stalk profanely through their very sanctum sanctorum for an hour, ay, for many hours! to make a very barroom of the mind’s inmost apartment, as if for so long the dust of the street had occupied us,—the very street itself, with all its travel, its bustle, and filth, had passed through our thoughts’ shrine! Would it not be an intellectual and moral suicide?”
—Henry David Thoreau (1817–1862)