Qafisheh1 hebron university, palestine abstract restorative justice is not the only paradigm in islamic penal justice. Adultery shall be punishable subject to hadd when the adulterer or the adulteress is of age. Defence mechanism in criminal liability under islamic law. Islamic republic of iran pdf in persian pdf in persian doc. Oct, 2016 the code follows a traditional dichotomy between. These punishments were rarely applied in premodern islam, and their use in some modern states has been a source of controversy. Islamic law and civil code columbia university press. Hudud punishments in islamic criminal law pdf paperity.
Pdf islamic law of contracts islamic law of contracts. International law and islamic gafari law in the iranian constitution 1. This work presents, from an intrinsic point of view, a possible. It begins by enumerating the various sources of islamic criminal law, including the quran, the sunnah, the.
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. Irans 20 islamic penal code one year on iran human. In may 20 a revised version of irans islamic penal code ipc came into force. Crime and punishment in islamic law rudolph peters book is about crimes and their punishments as laid down in islamic law. The iranian government must repeal the computer crimes law in its entirety. This paper discusses defences available under islamic criminal justice system. Many of muslim criminal law rules describing islamic criminal law as it represents an extreme case of jurist law which means that it was shaped and established by private religious experts. Article 9 perpetrator of the offenses, which, according to a special law or international conventions and laws shall be prosecuted in the country that he is found, if arrested in iran shall be prosecuted and punished in accordance with the laws of the islamic republic of iran. We attempt to highlight the different islamic jurisprudences, stressing that the views expressed in this research do not represent pris opinion or position. The islamic legal system varies from other legal approaches, as civil law practices described by laws codification or common law traditions.
Yet by looking at the philosophy of penalty as detailed by islamic jurisprudence. Chapter three scope of application of penal laws according to time. It is because of our need that allah the almighty, in all his generosity, has created laws for us, so that we can utilise them to obtain justice, he said. The malaysian government has pledged its support for an islamic penal code seeking to expand the jurisdiction of shariah law by introducing harsh punishments like amputations and stoning, shocking its predominantly multiethnic society. Request pdf the impact of islamic criminal law on the qatari penal code the qatari legislator has adopted a penal code that encompasses rules derived from a divine source and also deals with. Islamic penal code of iran a the islamic penal law was approved by the islamic consultancy parliament on 30 july 1991 and ratified by the high expediency council on 28 november 1991. In the name of allah, most gracious, most merciful islaamic sharia law based on quraan, sunnah and ijtihaad. Strictly speaking, islamic law does not have a distinct corpus of criminal law.
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. Hudud, islam, criminal law, punishment, international criminal law introduction the primary objective of islamic penal system is to protect society from the dangers of crime. Unofficial translation provided by the iran human rights documentation center. In may 20, irans new islamic penal code finally entered into force after five years of debates and deliberations in the islamic consultative assembly irans name for its parliament. Three decades of islamic criminal law legislation in iran uzh. The role of islamic law in tunisias constitution and. Irans judiciary, parliament and higher legislative bodies, notably the guardian council 1, had agreed to amendments to the parts of the ipc that are based on islamic law, or sharia. The laws that implement it are called qanun jinayat or hukum jinayat, roughly meaning islamic criminal code. If any do fail to judge by the light of what allah hath revealed. Ihrdc translation of the islamic penal code of the islamic republic. Differences between them and the penal code of 1960, and variations among the sharia penal codes themselves, are analysed.
Basic islamic principles 7 introduction to sharia law 7 primary sources of sharia law. A straightforward, concise, and readable introduction to islamic criminal law, and an excellent starting point for readers interested in gaining an overview of the various offenses, evidentiary requirements, and punishments. Article i the islamic consultative assemblys enactments and the results of the referendum, having gone through legal procedures will be notified to the president of the republic. The relation between international law, islamic law and. Another part of the ipc containing laws that are discretionary 2 remained substantially unchanged. The province of aceh in indonesia enforces some provisions of islamic criminal law, the sole indonesian province to do so. Iran ex clusively refers to islamic law in the interpretation of the shiite gafari school of law,12 the religion of the majority of the iranian people and the official creed of the iranian state.
It was on the basis of this provision th at mahmoud mohammed taha, a scholar and political o pponent of nimeiri, was accused. Revised2006 islaamic sharia law for the new global world those rulers, politicians or other persons having authority, who dont take any interest on establishing islaamic sharia law, based on quraan and authentic sunnah may actually not be believers in the view of allah. The civil code of the islamic republic of iran preamble. Article 1 the islamic penal code deals with the types of offences and punishments and the security and correctional measures that shall be applied to the offender. Article 2 any act or omission, for which punishment is provided by law, constitutes an offence. Only one group of offences has a clear criminal connotation. The intention is to provide an analytic overview of the. Islamic penal code of the islamic republic of iran book. A history of islamic law edinburgh 1964 architecture of the islamic world. Outside aceh, the influence of islamic law is limited to civil law in the areas of marriage, inheritance, and religious endowments indonesian. The quran and sunnah hadith 8 secondary sources of sharia law 8 the schools of sharia law 9 islam and the fundamental right to life 10 2.
We hope that this paper will improve understanding of the different arguments and interpretations surrounding sharia law and the death penalty, to allow everyone to. Saudi arabia and north yemen continued to use traditional islamic law in penal matters, but the following arab and islamic countries acquired modern penal codes. There is no such phenomenon like penal law or criminal law that is comparable to western legal systems. The essay concludes with a discussion of the arguments for and against the project to harmonise the sharia penal codes undertaken by the centre for islamic legal studies at ahmadu bello university. The introduction of islamic criminal law does not necessarily mean that the harsh, mutilating punishments it prescribes are actually applied. Islamic penal law in iran international labour organization. Based on this succinct backdrop, this article will delve in elaborating the main principles of the islamic criminal justice system and proof that it is. The bill, also referred to as hudud law, seeks to amend the malaysian constitution, thus allowing sharia penalties in kelantan, a predominantly muslim northern state, where nightclubs are banned and there are separate public benches for men and women if passed, the bill would open the possibility to other states to enact hudud laws and promote two parallel criminal justice systems with. Selected legal issues congressional research service summary controversy has surrounded attempts by several state legislatures to limit the consideration of islamic religious law commonly referred to as sharia or religious law generally, in domestic courts. The islamic penal law was approved by the islamic consultancy parliament on 30 july 1991 and ratified by the high expediency. Islamic law, sharia, provides the path to follow for salvation. Islamic criminal law latest published research reports.
Islamic penal law, he or she must fall under one of the following defence mechanism. 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. Contains 497 sections and 103 notes, to be effective for an experimental period of 5 years, and is strictly based on islamic fundamentalism shiit sharia. It provides information based on an abundance of oriental and western sources regarding family and inheritance law, contract and economic. Max planck unyb 2009 378 justify breaches of internationally recognised human rights standards by references to islamic law.
In the modern era, shariabased criminal laws were widely replaced by statutes inspired by european models, although in recent decades several countries reintroduced elements of islamic penal law into their legal codes under the growing influence of islamist movements. Okon 0 1 0 hudud, islam, criminal law, punishment, international 1 senior lecturer, department of religious and cultural studies, university of calabar islam is more than a religion, it encompasses faith, culture, law and the social order. Introduction to islamic criminal justice advance he. In relation to the islamic religion, it means that individuals should submit or surrender to gods will. Islamic law in its classical definition does not distinguish between private and public legal matter. Islamic penal law criteria for implementation this chapter is taken from the authors alfiqh series, vol. This manual aims to equip the audience with the necessary tools to confidently challenge the misconceptions surrounding islamic criminal law. Book one and book two are amended up to 20 and translation of bookfive. U0qco6hdwdebook five of the ipc, which was adopted permanently in 1996 and not subject to the january 2012 revisions. Ridwan alsayyid has been a visiting professor at harvard university and the university of chicago and was the director of the higher institute for islamic studies in beirut, as well as the director of the arab. Approved by the law affairs committee of the islamic. Adultery is the act of intercourse, including anal intercourse, between a man and a woman who are forbidden to each other, unless the act is committed unwittingly. Islamic criminal law recognizes three categories of these wrongs. To islamic religious practices islamic book the strategy for islamic cultural action outside the islamic world islamic penal code of the.
Ihrdc translation of the islamic penal code of the islamic. Sharia law and the death penalty penal reform international. Introduction it is the responsibility of society that anyone who suffers from any illness, physical or mental, receives the required treatment, even if the individual concerned caused his own illness. In the religion of islam it refers to punishments that under islamic law are mandated and fixed by god. Email citation a straightforward, concise, and readable introduction to islamic criminal law, and an excellent starting point for readers interested in gaining an overview of the various offenses, evidentiary requirements, and punishments.
Article 3 criminal laws shall apply to all persons who commit a. Islamic finance compared with conventional finance 14 7. In some countries with islamic criminal law, such penalties are not enforced. Studies of saudi arabia and islamic law and finance.
Issues are also addressed in this part pertaining to the status of nonmuslims, the proof of zina, mohammad hashim kamali is professor of law at the international islamic university of malaysia. In aceh, islamic criminal law is called jinayat an arabic loanword. Qafisheh restorative justice in the islamic penal law. The impact of islamic criminal law on the qatari penal code. Comprehensive legal reform must include amending the iranian constitution to safeguard freedom of expression and the repeal of provisions of the 1986 press law and islamic penal code that. Pdf three decades of islamic criminal law legislation in. The impact of islamic criminal law on the qatari penal. Although the largelysecular laws of indonesia apply in aceh, the provincial government. Society must be protected from the activities of criminals and hoodlums.
Article 147 of the islamic penal code specifies that the age of maturity. Islamic penal law is a system of rules based on the religion of coran and, most of the penalties applicable to the penal crimes are in discordance with the actual age and the culture of democratic law, which guards human life and the property observing the principles of the universal declaration of human rights. Aug 27, 2009 differences between them and the penal code of 1960, and variations among the sharia penal codes themselves, are analysed. The relation between international law, islamic law and constitutional law of the islamic republic of iran a multilayer system of conflict. Legislative history analysis with emphasis on the amendments of the 20 islamic penal code. Each country in the list is followed by the date of its latest code, then by the code from which it was adapted, and finally by the system of law previously in effect in that country. Iran islamic republic of the islamic penal code ipc ilo. Modern law by matthew lippman in english, islam means submission or surrender. This was after the abolition of islamic criminal law in the. In islamic law rudolph peters book is about crimes and their punishments as laid down in islamic law. Islamic criminal law islamic studies oxford bibliographies. Islamic law adopted may 6, 2014 on april 30, 2014, the sultan of brunei, hassanal bolkiah, announced that sharia islamic penal law would become effective in the country on may 1, under the shariah penal code order, 20.
1254 89 549 1434 34 698 772 107 952 803 647 666 1405 1380 480 217 1409 1487 1374 795 536 626 859 1206 768 303 1221 165 592 207 1486 1142 225