Islamic criminal legislation
Lessons: Islamic criminal legislation
Liratni Fatma Zohra
Level: First year Master’s degree, specializing in criminal law and criminal sciences
Previous acquisitions: General theory of crime and punishment - history of legal systems - introduction to Sharia - introduction to legal sciences.
Objectives:
1-
Identify the general foundations and principles of criminalization and punishment in Islamic legislation.
2-
Identify the view and philosophy of Islamic law in the field of crime and punishment, and know the general theory of both from the perspective of Islamic criminal jurisprudence.
3-
Comparing the division of crimes and penalties prescribed according to Islamic criminal legislation with the division approved according to statutory laws and comparative legislation.
4-
Identify the elements of crime according to Islamic criminal legislation and the foundations for establishing criminal liability.
5-
Clarifying the distinction, leadership and superiority of Islamic law over the most accurate modern theories in the field of classification of crimes, the penalties prescribed for them, and the conditions and procedures for their application.
REFERENCES
1-
Ahmed Fathi Bahnasy, Criminal Encyclopedia of Islamic Jurisprudence, Part IV, Dar Al-Nahda Al-Arabiya, Cairo.
2-
Al-Maati Hafez Abu Al-Fotouh, The Islamic Punitive System: A Comparative Study, Dar Al-Taawun Foundation for Publishing and Distribution, 1976.
3-
Abdul Qadir Odeh, Islamic Criminal Legislation Compared to Positive Law, Part I, Dar Al-Kateb Al-Arabi, Beirut.
4-
Abdel Qader Odeh, Islamic Criminal Legislation Compared to Positive Law, Part Two, Dar Al-Kateb Al-Arabi, Beirut.
5-
Abdul Qadir Odeh, The Modern Encyclopedia of Islamic Criminal Jurisprudence, First Edition, Dar Al-Shorouk, 1422 AH-2001 AD.
6-
Muhammad Omran, The Purposes of Punishment and the Basic Principles on which it is based in the Islamic penal system, Journal of Law and Human Sciences, Volume 14, Issue 02, 2021.
7-
Muhammad Abu Zahra, Crime and Punishment in Islamic Jurisprudence, Dar Al-Fikr Al-Arabi, 1998.
8-
Abdul Majeed Qasim Abdul Majeed, A balance between the philosophy of punishment in Islamic jurisprudence and positive law Islam in Asia, Volume 09, Issue 01, June, 2012.
9-
Rajhi Muhammad Salama Al-Saedi, The Purposes of Punishment in Islamic Sharia and Positive Law, Master's Research, Imam Muhammad bin Saud University, 1406-1407 AH.
10-
Muhammad Abu Zahra, Crime and Punishment in Islamic Jurisprudence, Dar Al-Fikr Al-Arabi.
11-
Abdullah Qasim Al-Tamimi, Punishment and its Role in Controlling Society in the Islamic Perspective, International Journal for Publishing Research and Studies, Volume Two, Issue Thirteen, November 2020.
12-
Adel Salama Muhaisen, The Overlap of Punishments in Islamic Sharia, Faculty of Sharia and Law, Islamic University of Gaza, 1429 AH-2008 AD.
13-
Hattab Saadawi, The Death Penalty: A Comparative Study between Islamic Jurisprudence and Positive Law, Master's Degree in Sharia and Law, Faculty of Humanities and Islamic Civilization, University of Oran, Sania, 2007-2008.
14-
Abd al-Rahim Sidqi, Crime and Punishment in Islamic Law: An Analytical Study of the Provisions of Retribution, Hudud and Ta'zir, First Edition, Egyptian Renaissance Library, 1408 AH-1987 AD.
15-
Mohamed Salim Al-Awa, The Origins of the Criminal System, Dar Al-Maaref, Egypt.
16-
Larbi Majidi, Lectures on Punitive Systems - Punitive Thought and Punitive Schools -, lectures delivered to first-year master's students majoring in Sharia and Law, Faculty of Humanities and Social Sciences, Mohamed Boudiaf University, Messila, 2019-2020.
17-
Bashir Hafiza, Stages of Crime in Islamic Jurisprudence and Positive Law, Journal of Law and Human Sciences, Vol. XI, No. I.
18-
Ahmed Fathi Al-Bahnasi, Theories in Islamic Criminal Jurisprudence, Fifth Edition, 1409 AH-1988 AD, Dar Al-Shura.
19-
Ahmed Heba, Summary of the provisions of Islamic Sharia in criminalization and punishment, first edition, 1985, World of Books, Cairo.
20-
Abu Yusuf Ali Mahmoud Hassan, The Material and Legal Elements of the Crime of Premeditated Murder, Dar Al-Fikr for Publishing and Distribution, Jordan.
21-
Jamal Zaid Al-Kilani, The Purposes of Punishment in Islamic Law, An-Najah University Journal for Research, Volume 28, 2014.
22-
Dawood Naim Daoud Raddad, Negative Crime Theory in Islamic Jurisprudence, thesis submitted to obtain the requirements of a master's degree in jurisprudence and legislation, An-Najah National University, Faculty of Graduate Studies, 2007.
23-
Mohamed Ahmed Larid, The Theory of Crime Conditions in Islamic Criminal Jurisprudence and Algerian Penal Code, PhD thesis in Sharia and Law, Faculty of Humanities and Islamic Civilization, University of Oran, 2008-2009.
Islamic law came with everything that a person needs in his devotional life, which regulates his relationship with the Creator, and in his daily worldly dealings that regulate his life with other human beings, as it is complete and integrated and guarantees all needs at various levels, through integrated rules and systems that are familiar with all developments and developments that may occur in the Islamic society with different times and places.
Islamic law has been able to ensure this as Islam is the last of the monotheistic religions that prevail and govern humanity until God inherits the earth and what is on it, by combining two characteristics that may seem at first glance contradictory, but this is not the case, namely the characteristics of stability and flexibility through which Islamic law was able to ensure its continuity, survival and validity for all times and places.
The property of stability and flexibility that characterizes Islamic law extended to the field of criminalization and punishment, where it decided in the face of some acts that the wise street estimated their seriousness and the gravity of their damage over time and in different places explicitly criminalized by indisputable legal texts, deciding for certain penalties and ability in which there is no room for the diligence of the guardian or judge, and there is no way to exercise the discretionary authority about them by the latter, so it does not decrease them and does not Hand on it and do not pardon it, in appreciation of the wise street that the interest of the group requires it, to keep the window of flexibility open in this area through crimes and
punitive penalties in which the field was given to the jurisprudence of the guardian or the judge according to what may arise from the development of criminal thought among the Islamic community, where the judge or guardian enjoys the criminalization of acts that he deems a violation of God's commands or prohibitions according to certain controls based on theIt has the spirit of Sharia and its general principles, and decides successively the penalty that he deems appropriate in accordance with the same controls referred to, enjoying a wide discretion that entitles him to choose the appropriate punishment from among a long list of penalties available in this field, and he may even develop from them what he deems appropriate, as long as it achieves the interest of the individual and the group and protects him, it is legitimate of any kind, and this authority extends to the point of reducing or increasing it according to what suits the personality of the offender And his psychology, and may even reach the point of pardon by the guardian or judge or even lapse by statute of limitations, depending on the requirements of each crime and the circumstances of each offender separately.
This is therefore the genius of Islamic law, which combined everything that may seem contradictory or difficult to collect, as it is the law of God on earth, which surpasses all other laws altogether, so there is a difference between what is issued by people and what is issued by the Lord of people, exalted from that is very high