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ISLAMIC CRIMINAL LAW, definition, definition, MA'SIYYAH, JARIMAH -…
ISLAMIC CRIMINAL LAW
TYPES OF PUNISHMENT
TA'ZIR
Punishment for a crime not prescribed by the Quran or Sunnah and has been left with the discretion of the ruler or judge
HUDUD
:red_flag: Sariqah (theft)
Amputation of convict’s right hand from the joint of the wrist
:red_flag: Harabah (robbery and dacoity)
Death, cruxifixion, amputation of hand and foot from opposite sides and banishment
:red_flag: Qazf (making false accusations of zina)
Whipping 80 stripes (An-Nur:4)
:red_flag: Riddah (apostasy)
Death
:red_flag: Zina (adultery or fornication)
Whipping 100 stripes for unmarried couple and expulsion for one year and stoning to death for married couple Quran (24:2)
:red_flag: Drinking intoxicating liquor
Whipping 40 stripes
QISAS
Legal retaliation and it is a crime that is punishable by a fixed punishment prescribed by the Quran and Sunnah
Intentional murder
PUNISHMENT #1
WORLDY PUNISHMENT
HUDUD, QISAS, DIYAT, TA'ZIR
(Flogging, amputation, death sentence, crucifixion, banishment, paying compensation)
AFTER-LIFE PUNISHMENT
Backbiting
> Eating flesh of one's dead brother (Al-Hujurat, 49:12)
Disbelieve in Allah's books & messengers
> Skin will be roasted again and again (An-Nisa', 4:56)
OBJECTIVE
RETRIBUTIVE JUSTICE
To repair of justice through unilateral imposition of punishment (
The criminal should receive his deserved punishment for committing the crime - legal element, actus reus, mens rea
) E.g.
HUDUD, QISAS, RETALIATION
RESTORATIVE JUSTICE
To repair justice by reaffirming a share value-consensus in a bilateral process
(
Eliminate & prevent crime as well as restoring the condition of the victim
)
E.g.
QISAS & DIYAT
PUNISHMENT #2
HAQ ALLAH (RIGHTS OF ALLAH)
Rights ascribed to Allah when it is purely for the interest of the community/collective interest (
HUDUD
)
HAQ AL 'IBAD (RIGHTS OF INDIVIDUALS)
Rights of individuals where one can decide to waive their rights or claim their rights. (
QISAS & DIYAT
)
JARIMAH
Technical: Commit action prohibited by shariah and abandon the action ordered by shariah which punishment of hadd or ta'zir has been prescribed
MA'SIYYAH
Technical: Commission of a prohibited act and the omission of an obligatory act
definition
Literal: cut off
definition
Literal: disobedience
MA'SIYYAH
DIFFERENCE JARIMAH - MA'SIYYAH
Example: Ujub, Riak, Takbur, Did not cover aurah
Torment in hellfire: Skin will be roasted, eating thorny fruit of az-Zaqqum
Once the sinner repent, the sin is forgiven and the punishment is lifted
Wider scope: Ma'siyyah does not only consist of jarimah but other sinful deed
Worldly punishment: Hudud / Qisas / Diyat / Ta'zir
When the worldly punishment is executed, there will no punishment in the here-after
All jarimah are ma'siyyah
Example: Murder, Qazaf, Adultery
JARIMAH
