Islamic criminal jurisprudence
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- This is a sub-article of fiqh and criminal law.
Islamic criminal law (فقه العقوبات) is criminal law in accordance with Islamic law. Criminal law is seen as part of the relationship between Allah and the believer, and is therefore a fundamental aspect of the religious law.
There are three classes of crimes in Islam, divided according to their mention in the Quran. [1]
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[edit] Hudud
Hudud, meaning "limits", is the most serious category and includes crimes specified in the Quran.
These are:[1]
- Drinking alcohol (sharb al-khamr, شرب الخمر)
- Theft (sariqa, السرقة)
- Highway robbery (qat' al-tariq, قطع الطريق)
- Illegal sexual intercourse (zina', الزناء)
- False accusation of zina' (qadhf, القذف) [1]
- Rebellion against the ruler
- Apostasy (irtidād or ridda, ارتداد) - includes blasphemy.
The Shafi'i school of Islamic jurisprudence does not include highway robbery. The Hanafi school does not include rebellion and heresy.
Except for drinking alcohol, punishments for all hudud crimes are specified in the Quran: crucification, stoning, amputation and flogging.
[edit] Qisas
Qisas is the Islamic principle of an eye for an eye. This category includes the crimes of murder and battery.
Punishment is either exact retribution or compensation (Diyya).
[edit] Tazir
Tazir includes any crime that does not fit into Hudud or Qisas and which therefore has no punishment specified in the Quran. These types of crimes range from homosexuality to perjury to treason.
