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date: 20 November 2018

Abstract and Keywords

This chapter deals with Islamic criminal law. It begins by enumerating the various sources of Islamic criminal law, including the Quran, the sunnah, the consensus of the Islamic community (umma), and analogy (qiyas) for Sunni Muslims and reason (‘aql) for Shi‛i Muslims. Attention then turns to three categories of crime in Islamic criminal law according to punishment: crimes punished with hadd, crimes punished with qisas (retributive punishment of retaliation in cases of homicide and bodily injury), and diya (blood money that has to be paid for homicide and bodily injury when there is no retaliation), and crimes subject to ta‛zir punishments. The system of proofs that is integrated into substantive law is given consideration, along with the characteristic features of substantive and procedural law. The chapter also discusses several contemporary topics relevant to Islamic criminal law, including the nulla poena sine lege principle and the age of criminal responsibility.

Keywords: Islamic criminal law, hadd, retaliation, blood money, ta‛zir, qisas, diya, nulla poena sine lege, punishment, crimes

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