Islamic Criminal Jurisprudence
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Islamic Criminal Jurisprudence
Islamic criminal law () is criminal law in accordance with Sharia. Strictly speaking, Islamic law does not have a distinct corpus of "criminal law". Islamic law divides crimes into three different categories depending on the offense – '' Hudud'' (crimes "against God", whose punishment is fixed in the Quran and the Hadiths), ''Qisas'' (crimes against an individual or family whose punishment is equal retaliation in the Quran and the Hadiths), and ''Tazir'' (crimes whose punishment is not specified in the Quran and the Hadiths, and is left to the discretion of the ruler or Qadi, i.e. judge). Some add the fourth category of ''Siyasah'' (crimes against government), while others consider it as part of either ''Hadd'' or ''Tazir'' crimes. Crimes against God are prosecuted by the state as ''hudud'' crimes, and all other criminal matters, including murder and bodily injury, are treated as disputes between individuals with an Islamic judge deciding the outcome based on Sharia ''fiqh'' ...
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Fiqh
''Fiqh'' (; ) is the term for Islamic jurisprudence.Fiqh
Encyclopædia Britannica
''Fiqh'' is often described as the style of human understanding, research and practices of the sharia; that is, human understanding of the divine Islamic law as revealed in the Quran and the sunnah (the teachings and practices of the Islamic prophet Muhammad and his companions). Fiqh expands and develops Shariah through interpretation (''ijtihad'') of the Quran and ''Sunnah'' by Islamic jurists (''ulama'') and is implemented by the rulings (''fatwa'') of jurists on questions presented to them. Thus, whereas ''sharia'' is considered immutable and infallible by Muslims, ''fiqh'' is considered fallible and changeable. ''Fiqh'' deals with the observance of rituals, morals and social legislation in Islam as well as econo ...
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An-Nur
An-Nur () is the List of chapters in the Quran, 24th chapter of the Quran with 64 verse (poetry), verses. The surah takes its name, An Nur, from verse 35. Summary *1 This Surah, chapter Waḥy, revealed from Jannah, heaven *2-3 Law relating to Zina, fornication *4-5 Punishment for defaming virtuous in Islam, virtuous women *6-10 Law relating to charge of adultery when made by a husband against his wife *11-20 Aisha's slanderers reproved, and their punishment *21 Believers warned against evil deeds *22 The rich to forgive the poor, and bestow charity upon them *23-25 False accusers of virtuous women for ever accursed *26 wicked in Islam, Wicked men and women condemned to each other's society *27-29 Manners to be observed in visiting each other's homes *30-31 Pious men and women exhorted to modest demeanour *32 Marriageable women to be married if possible *32 Men-servants and maid-servants to be married when honest *33 Unmarried Muslims exhorted to continence *33 Masters to encou ...
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Oneworld Publications
Oneworld Publications is a British independent publishing firm founded in 1986 by Novin Doostdar and Juliet Mabey originally to publish accessible non-fiction by experts and academics for the general market. Based in London, it later added a literary fiction list (in 2009) and both a children's list (Rock the Boat, 2015) and an upmarket crime list (Point Blank, 2016), and now publishes across a wide range of subjects, including history, politics, current affairs, popular science, religion, philosophy, and psychology, as well as literary fiction, crime fiction and suspense, and children's titles. History Oneworld Publications was founded in 1986 by Novin Doostdar and Juliet Mabey, who had met as students in the 1970s and subsequently married;Alison Flood"Oneworld: the tiny publisher behind the last two Man Booker winners" ''The Guardian'', 15 November 2016. the company's name reflects their international approach to publishing with global values, initially producing non-fiction " ...
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Sunnah
is the body of traditions and practices of the Islamic prophet Muhammad that constitute a model for Muslims to follow. The sunnah is what all the Muslims of Muhammad's time supposedly saw, followed, and passed on to the next generations. Differing from the Sunni Islam, Sunni Muslims, the largest Islamic denomination, is that of Shia, who prioritize the role of Imamate in Shia doctrine, Imams in interpreting the sunnah and that the true interpreters are the Twelve Imams, and Sufi who hold that Muhammad transmitted the values of sunnah "through a series of Sufi teachers". According to classical Islamic theories,#DWBRTMIT1996, Brown, ''Rethinking Tradition in Modern Islamic Thought'', 1996: p.7 the sunnah is primarily documented by hadith—which are the verbally-transmitted record of the teachings, actions, deeds, sayings, and silent approvals or disapprovals attributed to Muhammad—and alongside the Quran (the book of Islam) are the divine revelation (''wahy'') delivered throu ...
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Fiqh
''Fiqh'' (; ) is the term for Islamic jurisprudence.Fiqh
Encyclopædia Britannica
''Fiqh'' is often described as the style of human understanding, research and practices of the sharia; that is, human understanding of the divine Islamic law as revealed in the Quran and the sunnah (the teachings and practices of the Islamic prophet Muhammad and his companions). Fiqh expands and develops Shariah through interpretation (''ijtihad'') of the Quran and ''Sunnah'' by Islamic jurists (''ulama'') and is implemented by the rulings (''fatwa'') of jurists on questions presented to them. Thus, whereas ''sharia'' is considered immutable and infallible by Muslims, ''fiqh'' is considered fallible and changeable. ''Fiqh'' deals with the observance of rituals, morals and social legislation in Islam as well as econo ...
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September 1983 Laws
In September 1983, president Gaafar Nimeiry introduced Islamic sharia laws in Sudan, known as September Laws (), disposing of alcohol and implementing hudud punishments, ''hudud'' punishments such as public flogging for alcohol consumption and Cross-amputation, amputations for theft. Nimeiry declared himself the "imam of the Sudanese Ummah, umma", leading to concerns about the undemocratic implementation of these laws. Hasan Al-Turabi, Hassan al-Turabi (then the Attorney General of Sudan, attorney general) assisted with drafting the laws and later supported the laws, unlike the leader of the opposition Sadiq al-Mahdi. Nimeiry's alliance with the Islamism in Sudan, Sudanese Muslim Brotherhood aimed to end Al-Mirghani and al-Mahdi rivalry, sectarian divisions and consolidate Islamic governance. Despite Nimeiry's assertion that the sharia laws reduced crime rates, his economic policies, including Islamic banking and finance, Islamic banking, led to severe economic issues in Sudan, ...
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Islamic Schools And Branches
Islamic schools and branches have different understandings of Islam. There are many different sects or denominations, Madhhab, schools of Islamic jurisprudence, and schools of Islamic theology, or ''Aqidah, ʿaqīdah'' (creed). Within Sunni Islam, Sunnī Islam, there may be differences, such as different orders (''tariqa'') within Sufism, different schools of theology (Traditionalist theology (Islam), Atharī, Ash'ari, Ashʿarī, Maturidi, Māturīdī) and jurisprudence (Hanafi, Ḥanafī, Maliki, Mālikī, Shafiʽi school, Shāfiʿī, Hanbali, Ḥanbalī). Groups in Islam may be numerous (Sunni Islam, Sunnīs make up 87-90% of all Muslims), or relatively small in size (Ibadi Islam, Ibadis, Isma'ilism, Ismāʿīlīs, Zaydism, Zaydīs). Differences between the groups may not be well known to Muslims outside of scholarly circles, or may have induced enough passion to have resulted in Political violence, political and religious violence (Barelvism, Deobandism, Salafism, Wahhabism ...
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Apostasy In Islam
Apostasy in Islam ( or ) is commonly defined as the abandonment of Islam by a Muslim, in thought, word, or through deed. It includes not only explicit renunciations of the Islamic faith by Religious conversion, converting to another religion or Irreligion, abandoning religion altogether, but also Islam and blasphemy, blasphemy or heresy by those who consider themselves Muslims, through any action or utterance which implies unbelief, including those who deny a "fundamental tenet or Aqidah, creed" of Islam. An apostate from Islam is known as a ''murtadd'' (). While Fiqh, Islamic jurisprudence calls for the Capital punishment in Islam, death penalty of those who refuse to repent of apostasy from Islam, what statements or acts qualify as apostasy, and whether and how they should be punished, are disputed among Ulama, Muslim scholars, with Liberalism and progressivism within Islam, liberal Islamic movements rejecting physical punishment for apostasy. The penalty of killing of apost ...
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Salah
''Salah'' (, also spelled ''salat'') is the practice of formal worship in Islam, consisting of a series of ritual prayers performed at prescribed times daily. These prayers, which consist of units known as ''rak'ah'', include a specific set of physical postures, recitation from the Quran, and prayers from the Sunnah, and are performed while facing the direction towards the Kaaba in Mecca ('' qibla''). The number of ''rak'ah'' varies depending on the specific prayer. Variations in practice are observed among adherents of different '' madhahib'' (schools of Islamic jurisprudence). The term ''salah'' may denote worship in general or specifically refer to the obligatory prayers performed by Muslims five times daily, or, in some traditions, three times daily.Jafarli, Durdana. "The historical conditions for the emergence of the Quranist movement in Egypt in the 19th-20th centuries." МОВА І КУЛЬТУРА (2017): 91. The obligatory prayers play an integral role in the I ...
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Zakat
Zakat (or Zakāh زكاة) is one of the Five Pillars of Islam. Zakat is the Arabic word for "Giving to Charity" or "Giving to the Needy". Zakat is a form of almsgiving, often collected by the Muslim Ummah. It is considered in Islam a religious obligation, and by Quranic ranking, is next after prayer (''salat'') in importance. Eight heads of zakat are mentioned in the Quran. As one of the Five Pillars of Islam, zakat is a religious duty for all Muslims who meet the necessary criteria of wealth to help the needy. It is a mandatory charitable contribution, often considered to be a tax.Muḥammad ibn al-Ḥasan Ṭūsī (2010), ''Concise Description of Islamic Law and Legal Opinions'', , pp. 131–135. The payment and disputes on zakat have played a major role in the history of Islam, notably during the Ridda wars. Zakat on wealth is based on the value of all of one's possessions. It is customarily 2.5% (or ) of a Muslim's total savings and wealth above a minimum amount known ...
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Judicial Discretion
Judicial discretion is the power of the judiciary to make some legal decisions according to their discretion. Under the doctrine of the separation of powers, the ability of judges to exercise discretion is an aspect of judicial independence. Where appropriate, judicial discretion allows a judge to decide a legal case or matter within a range of possible decisions. However, where the exercise of discretion goes beyond constraints set down by legislation, by binding precedent, or by a constitution, the court may be abusing its discretion and undermining the rule of law. In that case, the decision of the court may be ''ultra vires'', and may sometimes be characterized as judicial activism. In 1824, US Chief Justice John Marshall wrote the following on this subject: Judicial power, as contradistinguished from the power of the laws, has no existence. Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal disc ...
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Tazir
In Islamic Law, ''tazir'' (''ta'zeer'' or ''ta'zir'', ) lit. scolding; refers to punishment for offenses at the discretion of the judge (Qadi) or ruler of the state.Tazir
Oxford Islamic Studies, Oxford University Press
It is one of three major types of punishments or sanctions under Islamic law, — '' hadd'', '' qisas / '' and ''ta'zir''. Contrary to the lightness of naming, tazir are discretionary p ...
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