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APPLICABILITY OF ICL - Coggle Diagram

- - - - a. Malik, Syafi'e and Ahmad:
        
        ICL applies to:
        i) Muslim - any offences committed in Darul Islam
        ii) Non-Muslim - liable, offences affecting individual's rights
      - b. Abu Hanifah: Both Muslim & non-Muslim ≠ liable; offences under Hadd
        BUT
        liable; offences affecting individual's rights
    - - a. Malik, Syafi'e, Ahmad:
        
        ICL (/) - punishment be carried out when they come back to Darul Islam
        
        Anything forbidden in Darul Islam = unlawful in Darul Harb & be punished accordingly
        
        Muslim/Zimmi = liable to punishment for any act declared unlawful by Syariah even may be lawful in Darul Harb. Eg. Zina.
      - b. Abu Hanifah:
        
        ICL (X) extensible - offences committed in Darul Harb by citizens of Darul Islam
        
        Muslim/Zimmi of Darul Islam kills Muslim of Darul Harb - murdered (X) qisas / diyat
        
        Bcs? - The place crime is committed, beyond the jurisdiction of Islamic government
    - - Jurists agreed - they are liable if committed within the limit of their station
      - Bcs the place is under the control of that army and thus, Islamic authority will have the authority over it.
        Punishment - return to Darul Islam
- - - - Initially, lighter punishment (chastisement & detention) within the house was enforced
      - Subsequently, harder punishment was prescibed - flogging / stonning to death
      - No evidence that harder punishment was carried out to former cases.
        Hence, zina does not have retrospective effect
    - - Surah an-Nisaa':22 - "And marry not those woman whom your father married except what had already in past".
    - - No prior cases of those who drank and gambling being punished. *hence, no retrospective effect
- - - - Initially, during jahiliyyah time, it was only treated as divorce and if effected it would dissolve the matrimonial union.
      - But based on the story of Awa bin Samit: Injunction was revealed thru surah al-Mujadalah verses 1-4, Zihar = unlawful act, and punishment was prescribed.