Crime and Punishment in Islamic Law: Theory and Practice by Rudolph Peters

By Rudolph Peters

In recent times the various extra fundamentalist regimes within the constructing international (such as these of Iran, Pakistan, Sudan and the northern states of Nigeria) have reintroduced Islamic legislation as opposed to western legal codes. Rudolph Peters offers a close account of the classical doctrine and lines the enforcement of felony legislations from the Ottoman interval to the current day. debts of tangible instances, starting from robbery and banditry to homicide, fornication and apostasy, make clear the complexities of the legislation, and the sensitivity and intelligence of the qadis who applied it.

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The only reward of those who make war upon God and His messenger and strive after corruption in the land will be that they will be killed or crucified, or have their hands and feet on alternate sides cut off, or will be expelled out of the land. Such will be their degradation in the world, and in the Hereafter theirs will be an awful doom’ (5:33); ‘Save those who repent before ye overpower them. For know that God is Forgiving, Merciful’ (5:34). 28 Crime and Punishment in Islamic Law unlawful intercourse (qadhf ), since this is connected with a claim of men.

And be not cast by your own hands to ruin . ’) reading this text as a prohibition for Muslims to be the cause of their own deaths, if they can prevent it. Defence of one’s life is also a valid defence if a person, while being on the point of starvation, kills the owner of food necessary to save his life, after the latter’s refusal to give it to him. For in that case the victim acted unlawfully against the killer. This is to be distinguished from the case of a person killing another during a famine in order to save his life by eating the victim’s flesh, which is never allowed.

A¯n M¯us¯a, who was sleeping there. The first defendant had hit him on the head with a big stone and the second one, when the victim still showed signs of life, had stabbed him in the belly with his knife. a¯n died two days after the attack. a¯n. Further it was established that both acts would have been lethal if they had been carried out separately. Against the second defendant, who did not confess, nothing was proven. Asked for his opinion, the Grand Mufti argued that the first defendant could not be sentenced to retaliation.

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