Abstract

Islam is the religion of peace. Islamic law describe a complete and comprehensive law of punishment for the eradication of crimes and maintenance of peace. According to Islamic law, the punishments can be classified under three main categories: Al-Hudud (fixed punishments), Al-qisas (Retaliation), and Al-Taazir (discretionary). Hudud means the punishment which has been specified in the Holy Quran and Sunnah and no individual or group has the right to amend or abrogate it. The second is Qisas, which means the equal retaliation of an aggression committed against the body of a person. The third Kind of Islamic legal punishment is Taazir, it means, a crime for which The Holy Quran and Sunnah have not fixed any punishment, instead, have left it to the discretion of the judges.
 But in the recent era, many of the Muslim countries don’t leave the punishments of the penal crimes (Taaziraat) to the discretion of the Judges, each Muslim state restrict the rights of the Judge to give punishment at his own’s discretion, and legislating for the punishments of penal crimes (Taaziraat), and make the Judges abide by a particular measure of punishment for penal crimes (Taaziraat).
 In this articles, we will analyze the above mentioned issue in the light of Islamic principles, that what, it is lawful for any Muslim state to legislate for the punishment of penal crimes or not?

Highlights

  • ‫’’ولكن الرا عند اء نہ ما نع للحكومۃ من تضييق اختيار القا اذا راء ت ا صلحۃ ذلک‬

  • According to Islamic law, the punishments can be classified under three main categories: Al-Hudud, Al-qisas (Retaliation), and Al-Taazir

  • Hudud means the punishment which has been specified in the Holy Quran and Sunnah and no individual or group has the right to amend or abrogate it

Read more

Summary

Introduction

‫’’ولكن الرا عند اء نہ ما نع للحكومۃ من تضييق اختيار القا اذا راء ت ا صلحۃ ذلک‬. Ibn-e-Rushd, Qāḍī Abū al-Walīd Muḥammad bin Aḥmad, Bidāyat al-Mujtahid wa Nihāyat al-Muqtaṣid, (Qadīmī Kutub Khana, Karāchī), PP:728. M.Phil Scholar, Department of Islamic and Religious Studies, Hazara University, Mansehra Email: nisarkabal@gmail.com Lecturer,Department of Islamic and Religious Studies, Hazara University, Mansehra Email: manees332@gmail.com Islamic law describe a complete and comprehensive law of punishment for the eradication of crimes and maintenance of peace.

Results
Conclusion

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.