Authors: Yahaya Yunusa Bambale
ISBN-13: 9789780231590, ISBN-10: 9780231595
Format: Paperback
Publisher: African Books Collective Limited
Date Published: September 2000
Edition: (Non-applicable)
This is an apt publication for modern times, in which 'Sharia' has become a byword for an unacceptable social system, and is vilified as such; when crime is rife in communities governed by Sharia; and when in the non-Islamic West, the Islamic social and criminal justice systems are subject to intense public scrutiny and criticism, but remain little understood. The author presents a clear and factual account of the Islamic criminal justice system, expounding what he considers to be the real issues of Sharia, often ignored or misrepresented by both Islamic and Western scholars, and explaining its wider Islamic context and ethics, its Arabic roots, classical heritage and terminology, and its relevance to contemporary Muslim societies. Contents: concept of crime; features of Islamic criminal liability; defences to Islamic criminal liability; 'Hudud' crimes; 'Zina' - adultery or fornication; 'Qadhf' - slander or false accusation; 'Hadd' offence of 'al-sariqa' - theft; 'Hadd' offence of 'shurbul khamr' - wine drinking; 'Hiraba' - brigandage or highway armed robbery; 'Riddah' - apostasy; 'Baghye' - rebellion or treason; 'Qisas - retaliation; 'Ta'azir' punishment.
Ch. 1 | The concept of crime | 1 |
Ch. 2 | Features of Islamic criminal liability | 6 |
Ch. 3 | Defences to Islamic criminal liability | 13 |
Ch. 4 | Hudud crimes | 26 |
Ch. 5 | Zina - adultery or fornication | 28 |
Ch. 6 | Qadhf - slander or false accusation | 44 |
Ch. 7 | Hadd offence of al-sariqa - theft | 53 |
Ch. 8 | Hadd offence of shurbul khamr - wine drinking | 62 |
Ch. 9 | Hiraba - brigandage or highway armed robbery | 69 |
Ch. 10 | Riddah - apostasy | 74 |
Ch. 11 | Baghye - rebellion or treason | 83 |
Ch. 12 | Qisas - retaliation | 87 |
Ch. 13 | Ta'azir | 96 |
Ch. 14 | Punishment | 105 |