Peters gives a detailed account of the classical doctrine and traces the enforcement. It divides crimes into three different categories depending on the offense hudud crimes against god, whose punishment is fixed in the quran and the hadiths. How to reconcile islamic criminal law with human rights by mark a. This is the first singleauthored account of both the theory and practice of islamic criminal law. A comparative search debates the substance of islamic international criminal law and the system of international criminal law side by side and offers the message that no law is superior to justice, peace. A grisly work of islam, muslim, and criminal law and millions of other books are available for instant access. The objective is to bring peace into justice and justice into peace for the prevention of violations of human rights law, humanitarian law, international criminal law. You have to understand that islamic writings including the koran in general give a man clear dominace over women.
Muslims in this postcolonial period, are preoccupied with defining the social and. This ebook is a selective guide designed to help scholars and students of islamic studies find reliable sources of infor. Every society wants law and order, peace and justice. It begins by enumerating the various sources of islamic criminal law, including the quran, the sunnah, the consensus of the islamic community umma, and analogy qiyas for sunni muslims and reason aql for shi. In recent years some islamist regimes, such as those of iran, pakistan, sudan and the northern states of nigeria, have reintroduced islamic law in place of western criminal codes. Islamic legal systems comparative criminal procedure. Fiqh refers to the scholarly efforts of jurists fuqaha to elaborate the details of shariah through investigation and debate. Criminal law the body of law dealing with wrongs that are punishable by the state with the object of deterrence is known as criminal law. This book is somewhat theoretical and may not be useful for those searching for easily obtainable information about islamic criminal law and procedure, but it does provide an indepth analysis of islamic legal theories relating to topics such as equity, logic, justice, and criminal responsibility. Reconstruction, islamic criminal law, repentance, sanctions, sin introduction this article wants to find a position of repentance istitabah in islamic criminal law. After islamic criminal law was introduced in north ern nigeria in. This was after the abolition of islamic criminal law in the nineteenth and twentieth centuries. This is not just another book on islamic law, just another attempt to explain why islam is compatible with international norms. A comparative search debates the substance of islamic international criminal law and the system of international criminal law side by side and offers the message that no law is superior to justice, peace and a common understanding of the world.
Less attention has been given to studying the consequences of its operation, particularly in the area of islamic criminal law. The principle of legality in islamic criminal justice system. Stanford libraries official online search tool for books, media, journals, databases, government documents and more. In aceh, islamic criminal law is called jinayat an arabic loanword. Article 140 criminal responsibility in the cases of hudud, qisas, and tazirat shall be established only when the individual is sane, pubescent, and free at the time of commission of the offense, with the exception of coercion to murder which has been dealt with in the third book qisas. Some add the fourth category of siyasah, while others consider it as part of either hadd or tazir crimes. Islam proposes a society of righteousness and justice. Modern law by matthew lippman in english, islam means submission or surrender.
The goal of this book is to minimize the misunderstandings and conflicts between international law and islamic law. This motivated by the existence of repentance in almost all categories hudud, kisas, and takzir and other forms of evil jarimah in islam. Islamic criminal law today chapter 5 crime and punishment. Reference sourcesintroductory materials islamic law. Principles of civil, criminal, and international law under the sharia burns, jonathan g. Islamic criminal law is criminal law in accordance with sharia. Okon senior lecturer, department of religious and cultural studies, university of calabar abstract islam is more than a religion, it encompasses faith, culture, law and the social order. Oxford bibliographies islamic criminal law and an introduction to islamic criminal justice.
An introduction matthew lippman, sean mcconville, mordechai yerushalmi, m. This book aims to fill these gaps in our understanding of sharia law. Traditional sharia courts, unlike modern western courts, do not use jury or prosecutors on the behalf of society. The book principles of islamic international criminal law. Books browse by category our wide variety of books. In recent years, islamic law, or sharia, has been appropriated as a tool of modernity in the muslim world and in the west and has become highly politicised in consequence.
Jun 22, 2011 distinguished visiting professor farhad malekian is the founder and director of the institute of international criminal law, sweden. Even fewer studies explore the actual practice of islamic criminal law in contemporary societies. Topics include the theory of criminal justice in islam, individual offenses, evidentiary requirements, and judicial procedure. Adhering to the principle of legality means that islamic criminal justice system was well advanced since the dawn of islam. Proper books on islamic criminal law are also required in view of the fact that some islamic states of the modern world have implemented islamic criminal law in twentieth century.
Muslim rape epidemic in sweden and norway authorities. Crime and punishment in islamic law by rudolph peters. This book is an initial step towards the noble objective of writing comprehensive books on islamic criminal law in order to meet the modern requirements. Islamic criminal law islamic studies oxford bibliographies. Where the principles of the quran and sunnah do not sufficiently resolve a legal issue, muslim intellectuals use fiqh, which is the process. Islamic criminal law in nigeria by ruud peters a survey of sharia criminal law, commissioned by the european commission, and to provide analysis of the reislamification of the northern nigerian states, based on classical islamic texts. This chapter deals with the role of islamic criminal law today. Distinguished visiting professor farhad malekian is the founder and director of the institute of international criminal law, sweden. This book on postconflict justice in islamic law and international law requirements could not be more timely. The sharia and islamic criminal justice in time of war and. Numerous and frequentlyupdated resource results are available from this search. The pen in 1989 in which ibrahim salih claimed to have written 2 books.
Articles, books, dissertations, and primary law sources useful for research on islamic law. Gabriel, phd order the complete book from the publisher. However, formatting rules can vary widely between applications and fields of interest or study. Strictly speaking, islamic law does not have a distinct corpus of criminal law. A concluding essay offers an explanation of the legal value of islam and appendices include original islamic legal documents from muhammads time until today. Sharia or sharia law is the basic islamic religious law derived from the religious precepts of islam, particularly the quran and the opinions and life example of muhammad hadith and sunnah which are the primary sources of sharia. The titles have all been published since 2003 and are held in the library of congress. This innovative and important book applies classical sunni muslim legal and religious doctrine to contemporary issues surrounding armed conflict. While the system of international law is improving enormously and certain legal provisions are becoming an integral part of jus cogens norms, this body of law. Cherif bassiouni, the sharia and islamic criminal justice in time. It divides crimes into three different categories depending on the offense hudud. The laws that implement it are called qanun jinayat or hukum jinayat, roughly meaning islamic criminal code. The book liberating islam presents a revolutionary approach to reconcile islamic criminal law with human rights. The koran subtly but distictly can be and is seen by the culture in islam as accepting what we maybe not sweedes would think of as pedephelia and more, again, for men.
A draft code produced by the centre for islamic legal studies at ahmadu bello university in nigeria, annotated to show variations between it and the actual sharia criminal procedure codes enacted in nigerias sharia states. This is a set of crimes and punishments that assign very harsh and cruel corporal punishments, namely beheading by the sword for leaving islam, stoning to death for adultery, public flogging for fornication. By analyzing legislative and judicial actions in a selection of muslim and nonmuslim states in relation to the rights of the child in criminal matters, this book identifies the possible harmonization between the obligations of international human rights law e. A grisly work of islam, muslim, and criminal law islamic books volume 1 aldred, timothy on.
This book fills an important gap in the available literature on the more recent developments of the sudanese legal system, with a special focus on islamic criminal law on the one hand and its administration by the sudanese supreme court on the other. The sharia and islamic criminal justice in time of war and peace. Oclcs webjunction has pulled together information and resources to assist library staff as they consider how to handle coronavirus. In recent times the opinions of our jurists concerning some important issues of the islamic law of evidence, as mentioned in the quran, have remained a hot subject of debate.
Politics, religion, judicial practice uva proefschriften series by gunnar j. Attention then turns to three categories of crime in islamic criminal law according to punishment. Islamic criminal law is a branch of islamic law which is commonly interpreted as shariah and popularly associated with criminal law. It is derived from the religious precepts of islam, particularly the quran and the hadith. Buy the print book check if you have access via personal or institutional login. This book aims to fill these gaps in our understanding of sharia law in practice.
The application of islamic criminal law in pakistan. Approved by the law affairs committee of the islamic. Enter your mobile number or email address below and well send you a link to download the free kindle app. Rudolph peters book is about crimes and their punishments as laid down in islamic law. A comparative study of the islamic and secular criminal law with points of difference and similarity between them highlighted. Books of classical islamic law do not focus on the basic principles of islamic law. Reconstruction of repentance position in islamic criminal law. Introductory sources islamic law research guides at. It divides crimes into three different categories depending on the offense hudud crimes against god,1 whose punishment is fixed in the quran. The islamic criminal law, an important branch of the shariah, addresses these basic societal needs in a comprehensive and rational manner. Islamic law research guide international law peace palace. An excellent collection of essays on the essential features of islamic criminal law, written by wellrespected scholars in the field. This book discusses the principles of islamic criminal law in its modern context and will prove to be a valuable reference as there are very few books in english on the subject at present. Those that exist are either mentioned in each separate chapter devoted to a specific crime or they must be found by deduction.
Oxford bibliographies online research guide by christie s. The main conflict of islamic law with human rights is caused by the part of islamic criminal law known as hudud ordinances. Rudolph peters book, first published in 2006, is about crimes and their punishments as laid down in islamic law. It comes during a period when questions about transitional justice are of immediate relevance to the muslim world after the ongoing revolutions and reforms that sprung up in 2010 in the region. This bibliography covers englishlanguage books and articles within books that discuss islamic law. Wael hallaqs magisterial overview of sharia sets the record straight. Reliable information about the coronavirus covid19 is available from the world health organization current situation, international travel. Pdf a comprehensive treatment of islamic criminal law. Principles of islamic international criminal law a comparative. We find it appropriate to present our views on these issues so that our learned scholars can deliberate on them from another angle. In recent years some islamist regimes, such as those of iran, pakistan, sudan and the northern states of nigeria have reintroduced islamic law in place of western criminal codes. Islamic law in past and present, written by the lawyer and islamicist mathias rohe, is the first comprehensive study for decades on islamic law, legal theory, reform mechanisms and the application of islamic law in islamic countries and the muslim diaspora. A case study of mortgage contracts and the dilemma for muslims in britain, arab law quarterly, brill, 26. A grisly work of islam, muslim, and criminal law islamic books volume 1.
Rudolph peters, crime and punishment in islamic law. Email citation a comprehensive, detailed, fourvolume analysis of islamic criminal law in a format that will be recognizable to lawyers and law students. A survey of sharia criminal law, commissioned by the european commission, and to provide analysis of the reislamification of the northern nigerian states, based on classical islamic texts. The work also provides a comparison between classical islamic and modern egyptian criminal law. This book considers an important and largely neglected area of islamic law by exploring how medieval muslim jurists resolved, and constructed unique concepts of doubt in, criminal cases that could not be proven beyond a doubt. Islam and international criminal law and justice toaep. Islamic criminal law recognizes three categories of these wrongs. Islamic law, sharia, provides the path to follow for salvation. Download islamic books on shariah islamic law including addalail fi hukm muwalat ahl alishrak, allah swt governance on earth, democracy a religion, khilafa. He has published in many reputable journals on islamic legal maxims including legal maxims and islamic financial transactions. In the codification of islamic criminal law in the sudan, olaf kondgen offers an indepth analysis of the sudans islamized penal codes of 1983 and 1991, their historical, political, and juridical context, their interpretation in the case law of the supreme court, and their practical application. Doubt in islamic law a history of legal maxims, interpretation, and islamic criminal law. Principles of islamic international criminal law a.
In relation to the islamic religion, it means that individuals should submit or surrender to gods will. In recent years some of the more fundamentalist regimes, such as those of iran, pakistan, sudan and the northern states of nigeria have reintroduced islamic law in place of western criminal codes. It is a scientific proof that islamic law can be reformed. For topics and issues not directly addressed in these primary sources, sharia is derived. The body of islamic law, or sharia, is central to the understanding of islamic society and the current conflict between fundamentalism and modernism in the islamic world. This book is somewhat theoretical and may not be useful for those searching for easily obtainable information about islamic criminal law and. In recent years some of the more fundamentalist regimes, such as those of iran, pakistan, sudan and the northern states of nigeria have reintroduced islamic law in place of western criminal. In this book the author has attempted to write and expalin the islamic criminal law in the method which is genrally adopted in the moder law books islam has presented a comprehensive criminal law but unfortunately this part of islamic las has been abandoned for a long time the author has tried throughout this book to contact the original and authentic. Approved by the law affairs committee of the islamic consultative assembly on tuesday 30071991 was ratified at the open session of the islamic consultative assembly on tuesday 08011990 book i generalities chapter 1 general articles article 1 islamic criminal law is about determination of various offences and the punishments and. Principles of civil, criminal, and international law under the sharia.
This book considers an important and largely neglected area of islamic law by exploring how medieval muslim jurists resolved criminal cases that could not be proven beyond a doubt. It provides information based on an abundance of oriental and western sources regarding. Crime and punishment in islamic law rudolph peters book is about crimes and their punishments as laid down in islamic law. A teaching and learning manual shaleen mansoor, london. The bc libraries catalog can be used to locate bcs physical library collections books, dvds, cds, etc. Feb 17, 2020 islamic criminal jurisprudence is the latest free application. Rabb calls into question a controversial popular notion about islamic law today, which is that islamic law is a divine legal tradition that has little room for discretion or doubt, particularly in islamic criminal law. Shariah refers to gods divine law as contained in the quran and the sayings and doings of muhammad hadith. Institution of islamic criminal law in aceh began with qanun no. Islamic criminal law are the quran, sunnah, ijmaa consensus, qiyyas individual reasoning along with other sources 3. The province of aceh in indonesia enforces some provisions of islamic criminal law, the sole indonesian province to do so. Islamic law two terms are used to refer to law in islam.337 957 72 601 356 1583 418 491 1487 1436 786 1626 1173 144 528 403 1319 65 810 1569 221 1581 1516 62 1217 1275 1268 332 111 723 837 382 769 1223