June 5, 2008

Islamic Criminal Law

Posted in Fiqh, Islam, Knowledge, Quran at 12:34 am by faith786

بسم الله الرحمن الرحيم

Assalamu Alaikum,

Sorry I haven’t been posting lately. Been really lazy and reading and thinking a lot. I found a packet on Islamic criminal law at IFS, so I am pretty much copying everything off that packet because I found it informative on how certain crimes are defined. Anyway, I think it can be beneficial, and if I mis-wrote something let me know.

Hadd crimes: Hadd crimes are called “Quranic Offenses.” Repentance or reparation by the convicted person cannot derogate from the severity of the sentence. [I am no alim, but I know that Allah ultimately can forgive and He knows our intentions. But Allah knows best….]

Zina:

This is an offense of unlawful intercourse with someone who is not one’s lawful spouse. Strictly speaking, Islamic law has no general conception of adultery as a violation of the marital contract between to people. The punishment of zina is either death by stoning or a specified number of lashes. For conviction, Islamic law requires either the testimonial of four eyewitnesses, instead of the normal two, or the confession of the accused. Some jurists require that the confession must be repeated four times. The pregnancy of an unmarried woman can be sufficient proof against her. [So women have a higher chance of getting busted, but for men they need to remember, Allah is watching you.]

*I would also like to state hear that Islam has no punishment for a woman who is raped versus consciously doing unlawful intercourse. This is ultimate proof that God judge people by their intentions.*

Qadhf: *EVERYONE OUT THERE, READ THIS ONE*

Anyone who is competent and adult, whether male or female, Muslim or not, slave or free, is liable if he/she FALSELY CHARGES ANOTHER PERSON WITH UNLAWFUL INTERCOURSE, if the slandered party is free, competent, Muslim, and not previously convicted of unlawful intercourse. False accusation (Qadhf) occurs also when one is charged for being illegitimate. Only those who are the objects of slander or their heirs may bring charge of qadhf. The hadd punishment for qadhf is eighty lashes for free people or forty for slaves.

Shurb al-Khamar:

The punishment for drinking intoxicants or for drunkenness is eighty lashes for a freeman and forty for a slave. The punishment is not prescribed in the Quran, but was established later and analogized from the punishment of Qadhf. The Shafi school of thought limits the punishment to forty and twenty respectively. In many cases, schools extend the prohibition to other intoxicating substances, such as drugs. Besides proof by a retractable confession, evidence can be given by two male adult Muslims who saw the accused drinking an intoxicant, smelled the odor of alcohol on his breath, or saw the accused in a state of drunkenness. [the last one, really?]

Sariqa:

The hadd punishment for theft is the amputation of the hand. To be guilty of theft, one must be competent adult and have the INTENTION to steal. The act must consist the removal by stealth from a secure place of a certain kind of item of a minimum value that is owned by another person. IT IS NOT THEFT IF YOU ARE STEALING SOMETHING TO LIVE. (We are talking life death situation here.)

Qat’ al-tariq:

Two kinds of offenses are covered by the prohibition against highway robbery: robbery of travelers who are from aid and armed entrance into a private home with the intent to rob it. Both Muslims and non-Muslims are protected from robbers by this law. The punishment is amputation of the right hand and left foot for the first offense and amputation of the left hand and right foot for the second offense. If murder took place during an attempted robbery, the punishment is death by sword. If there was a murder accompanied by an actual theft, the penalty is crucifixion. [I really don’t know about the last part; I have never heard of that before.]

Baghi:

Rebellion against a lawful leader consists in seeking his death or overthrowing the established order. The punishment is beheading. *KEEP IN MIND THE RULER IS BEING GOOD AND DIDN’T DO ANYTHING WRONG AGAINST THE PEOPLE.*

Ridda:

Apostasy (like, REAL apostasy) or falling away from Islam can be punishable by death. The evidence of apostasy need only be circumstantial. Impios behavior, such as failing to pray or offending Islamic morals, can be taken as evidence of apostasy. In the hanafi school of thought, the male apostate is given three days to recant before being executed. The female apostate is imprisoned and beaten until she recants. In all schools, the killing of an apostate does not engender liability for retaliation or compensation. He is literally an outlaw. [I knew absolute apostasy can be the death penalty, but even tiny evidence can lead to that? I want that checked….]

So yeah, these were hadd crimes. I honestly don’t know if this information is true or not, but I hope Allah forgives me for misconveying any information. And these are crimes that we all definitely need to stay away from. And backbiting because that is worse than zina.

Okay, I’m done.

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1 Comment »

  1. mubaraq said,

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