OUTLINES
OF CRIMINAL LAW AND JUSTICE IN ISLAM DR.MOHAMMAD SHABBIR; International Law Book Services, Selangor, Darul Ehsan, Malaysia, Pp. Xxviii 409 (Paperback) By Dr. Md. Zafar Mahfooz Nomani zafarnomani@rediffmail.com Reader , Faculty of Law, Fort Road, Aligarh Muslim University, Aligarh The Book under review Outlines of Criminal Law and justice in Islam is a thematic contribution to the subjects of criminal Law and criminology. The book is laced with erudite explanations and pragmatic approaches. The author believes that the implementation of criminal law’ engaged in reappraisal and relevance of Islamic legal philosophy in present milieu. The objective of the book is to throw overboard the superstitions and accretions that have obscured the dynamic and progressive components and real sprit of Islamic jurisprudence. Though the book has four chapters, the contents are highly enriched which might have dissected into many more chapters. Chapter I deals with the philosophy of Criminal law and justice in Islam. Rudiments of Islamic penal philosophy, conception, and classification of crimes and punishment, ingredients of crime, stages of crime, theories of punishment and the matter and impanation of Islamic criminal law finds a critical scrutiny under the chapter. Chapter II analyze handed (Fixed) punishment and allied issues with specific offences and their descriptions with punishment. Chapter II deals with qisas, qisas punishments, infliction of qisas issues of application of qisas, pardon of qisas and factors in compounding qisas chapter IV consists of additional penalty and tazir remission of Punishment are also attempted thoroughly. While delineating on Philosophy of Criminal Law and Justice in Islam, the author maintains that the basic presumption that Almighty maintains full record of everyone and preserves it for presentation on the Day of Judgment and accordingly will be either reward or punishment for all deeds in the mortal worlds. The basic conception of crime and punishment believes that human life is considered to be so sacred The Qur’an in (Surah al-Ma’idah: V: 35) ordains to the effect: That if anyone slew a person; Unless it be for murder; Or for spreading mischief; In the land-it would be; as if he (slew) the whole people; And if anyone saved a life; It would be as if he saved; The life of the whole people. On the basis of the quantum of punishments, the offences are defined as: Hudud, Qisas, Tazir and Diya. Like the English criminal law, Islamic criminal law presumes that a crime is not committed if the mind of the person doing the act in question is innocent i.e. actus non facit reum, nisi means sit rea (intent and act must both concur to constitute the crime). Chapter II delineates on Hudud (Fixed) Punishments Hudud crimes are most serious, heinous and grave under the Islamic penal law. These crimes and their penalties are defined and prescribed by the Qur’an and the Sunnah of the Prophet (SAW). The crime falling within the pale of hadd are Zina (adultery/ fornication), shrub (drinking wine), sariqa (theft), qate tariq (highway robbery), qadhf (false accusation of unlawful intercourse), al-riddah (apostasy) and al-baghy (rebellion). Hadd punishment has been the subject of criticism on the ground of being barbaric, archaic and medieval. The chapter also dwells on jurisprudential injunctions on hudud prescribed in Qur’an and Ahdith. Under the heading of Hudud crimes and punishments, Zina and other sexual offences are elaborately discussed. Besides appropriating the substantive law, the procedure labyrinth is also brilliantly displayed. Similarly the offences of intoxication, theft, defamation, robbery, rape, apostasy, rebellion and their substantive, procedural and group active aspects are brilliantly displayed. Chapter III dwells on Qisas (relation) wherein the conceptual analysis, historical perspective, basis of punishment and principle of diya (blood-money) are outlined in far greater clarity. Under the heading ‘Crimes attracting qisas punishment, murder, voluntary or intentional killing, involuntary or accidental killing, Voluntary or intentional physical injury, and Involuntary or accidental physical injury finds a specific mention. Of significance is murder and its multifaced categories such as Qatl al-‘amd (willful murder), Qatl shibhu‘I’-amd (quasi-deliberate homicide), Qatl al-khata’ (homicide by mistake or accident), Qatl qa’im maqam al-khata’ (homicide equivalent to homicide by mistake or accident), Qatl bi sadab (homicide by indirect reason or homicide by intermediate reason) and their punishment. Chapter IV of the book is an analysis of Tazir i.e., discretionary punishment. The typology of this chapter is somewhat difference than previous chapters. Leaving aside the concept rational characteristics,the cross section of opinion on the issue are arrayed in erudite fashion. under this heading prohibition of consumption of certain edibles, Breach of trust, Weights and measurements, Prohibition of usury, Testimony, Defamatory and filthy remarks, Bribery, Gambling, Backbiting and spying, Entry without permission, Obscenity, Misuse of orphan’s wealth, acquisition of wealth of illegal means, Non-fulfillment of contractual obligation, Slander, Wife’s disobedience, Application of tazir penalties, Admonition (al-wa’z), Threat (al-tahdid), Reprimand (al-tawbikh), Boycott (al-hajrl), Public disclosure (al-tashhir), Banishment, Fines and seizure of property (al-gharamahwal-musadarah), Imprisonment (al-habs), Flogging (al-jald), Flogging (al-jald) and its mode of execution. The book is a valuable addition to the corpus of comparative criminological and penological jurisprudence. The bibliography appended to the book is also a depository for future researchers to sharper their skill to augur meaningful work on the subjects. The book is neatly composed, carefully arranged, nicely proof read and legibly printed. Strange it may seem but the book neither mentions the year of publication and nor the price of the book is mentioned.
Relevent Link:
www.huquq.com
www.criminal.lawyers.com
www.shariah.net
www.springerlink.com
www.al-islam.org