Crime and Punishment in a Modern Muslim State
By and large, contemporary Muslims enjoy all the facilities and comforts of modern life. However, in relation to a governing legal system, they still wish to live according to the laws promulgated through the Qur’an and Sunnah (the Shari‘ah) without any alteration and addition. Yet such an approach...
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International Institute of Islamic Thought
2014
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oai:doaj.org-article:835427be9c7e42078d1fc37b3babb1472021-12-02T17:26:03ZCrime and Punishment in a Modern Muslim State10.35632/ajis.v31i1.2932690-37332690-3741https://doaj.org/article/835427be9c7e42078d1fc37b3babb1472014-01-01T00:00:00Zhttps://www.ajis.org/index.php/ajiss/article/view/293https://doaj.org/toc/2690-3733https://doaj.org/toc/2690-3741 By and large, contemporary Muslims enjoy all the facilities and comforts of modern life. However, in relation to a governing legal system, they still wish to live according to the laws promulgated through the Qur’an and Sunnah (the Shari‘ah) without any alteration and addition. Yet such an approach does not provide a solution for all existing and emerging offences. An acceptable solution is possible if, as proposed by Muhammad Iqbal, the great philosopher of the East, we reinterpret Islam’s foundational legal principles in light of our own experiences and conditions. I hold that the foundational legal principles regarding crime and punishment are ḥadd(a fixed punishment mandated by the Qur’an and Sunnah), qiṣāṣ(equal retaliation [an eye for an eye]), dīyah(blood money, ransom), and ta‘zīr(punishment, usually corporal). Mohd Altaf Hussain AhangarInternational Institute of Islamic Thoughtarticlefoundational legal principles, hadd, qisas, diyah, tazir, Muslim legislative assembly, ulemaIslamBP1-253ENAmerican Journal of Islam and Society, Vol 31, Iss 1 (2014) |
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DOAJ |
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DOAJ |
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EN |
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foundational legal principles, hadd, qisas, diyah, tazir, Muslim legislative assembly, ulema Islam BP1-253 |
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foundational legal principles, hadd, qisas, diyah, tazir, Muslim legislative assembly, ulema Islam BP1-253 Mohd Altaf Hussain Ahangar Crime and Punishment in a Modern Muslim State |
| description |
By and large, contemporary Muslims enjoy all the facilities and comforts of modern life. However, in relation to a governing legal system, they still wish to live according to the laws promulgated through the Qur’an and Sunnah (the Shari‘ah) without any alteration and addition. Yet such an approach does not provide a solution for all existing and emerging offences. An acceptable solution is possible if, as proposed by Muhammad Iqbal, the great philosopher of the East, we reinterpret Islam’s foundational legal principles in light of our own experiences and conditions. I hold that the foundational legal principles regarding crime and punishment are ḥadd(a fixed punishment mandated by the Qur’an and Sunnah), qiṣāṣ(equal retaliation [an eye for an eye]), dīyah(blood money, ransom), and ta‘zīr(punishment, usually corporal).
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| format |
article |
| author |
Mohd Altaf Hussain Ahangar |
| author_facet |
Mohd Altaf Hussain Ahangar |
| author_sort |
Mohd Altaf Hussain Ahangar |
| title |
Crime and Punishment in a Modern Muslim State |
| title_short |
Crime and Punishment in a Modern Muslim State |
| title_full |
Crime and Punishment in a Modern Muslim State |
| title_fullStr |
Crime and Punishment in a Modern Muslim State |
| title_full_unstemmed |
Crime and Punishment in a Modern Muslim State |
| title_sort |
crime and punishment in a modern muslim state |
| publisher |
International Institute of Islamic Thought |
| publishDate |
2014 |
| url |
https://doaj.org/article/835427be9c7e42078d1fc37b3babb147 |
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AT mohdaltafhussainahangar crimeandpunishmentinamodernmuslimstate |
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