Punishment in Islamic Law
All penal systems are concerned primarily with the punishment of the offender. The study of the theory of punishment is thus an essential step in understanding any penal system. At the same time, the application of a particular penal system cannot be justified unless it is clear that its theory of punishment can successfully achieve the required ends and objectives.
Whereas in Western penal systems, the theories of punishment are based on and justified by considerations of social utility, Islamic law s theory of punishment is based on the belief in the divine revelation contained in the Qur an and in the Sunnah of Prophet Muhammad (pbuh).
This book provides a careful study analyzing and illustrating the underlying philosophy of the theory of punishment in Islamic law, in light of contemporary approaches to the subject. It explores concepts of hadd, or fixed punishments, the Islamic approach to homicide and injury, ta zir, or discretionary punishments, the law of evidence in criminal cases, and the role and rights of the victim and relatives in punishment.
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