Islamic Criminal Jurisprudence on the Offence of Trafficking in Persons: An Interpretation of Fasad fil Arz and Hadd Offence

The Almighty Allah had completed his religion, made the Islamic law for us that it includes principles and general rules which are suitable for application all time and place; it is the achieved happiness of mankind in all time. It is wide enough for each incident; the life is in permanent development and continuous, it means that its issues remain renewed; this is the statement of Allah Judgment, and discovering it in all these developments, so that the Islamic law remains the ruling of the acts of slaves of Allah. There is no doubt that people need someone who renews for them everything related to the affairs of their daily lives and treats their general problems from the jurisprudential side that is compatible with their daily lives. Therefore, there must be a number of jurists to be well-versed in Islamic jurisprudence, to go deeply into understanding Islamic religion texts and goals of Islam to able how inference provisions of Islamic Shari'ah which correspond to the developments of daily lives in order to keep up with the times and its developments, it is urgent in most areas of life and it is more urgent in the field of Islamic financial transactions or what is known as the Islamic economy as the development and renewal of the global financial and business market requires a group of renewed person s under Islamic financial jurisprudence to keep up with the rapid developments in this field, one of the famous renewed person s is Dr. Sami Hmoud. Keywords: Islamic Jurisprudence,Fiqh DOI : 10.7176/JPCR/46-04 Publication date: November 30 th 2019

يشكل هذا البحث محاولة علمية للوقوف على ضوابط وأحكام الصلح القضائي كوسيلة لحل النزاعات في القانون المصري والفقه الإسلامي، مع توضيح أوجه التشابه والاختلاف بينهما وذلك بمعرفة الأحكام العامة ، من خلال التطرق لمفهوم الصلح في الفقه الإسلامي والقانون ومن ثم المقارنة بين المفهوم في القانون والفقه الإسلامي ، وإبراز أهمية الصلح حيث أظهرت الدراسة أن الصلح يحظى بمكانة بارزة في الفقه الإسلامي، حيث يتميز بالمرونة ويعتبر وسيلة مشروعة لإنهاء الخصومات طالما لا يخالف النصوص ال-شرعية، وكذلك تناول البحث تكييف عقد الصلح والتمييز بينه وبين بعض المصطلحات المشابهة، ومن ثم تناول البحث تفصيلًا الآثار المترتبة على الصلح . خلص البحث إلى أن الصلح يعكس قيم التسامح والتيسير التي تجمع بين الفقه الإسلامي والقانون المصري، وهو أداة فعالة لتحقيق العدالة والسلام الاجتماعي إذا تم تفعيله بشكل صحيح. ومن أهم النتائج التي توصلت اليها الباحثة ما يلي : الصلح من حيث الأصح عقد معاوضة إلا أنه قد يختلط بغيره من العقود، فيكون عقدًا مركبا يستلزم توافر أحكام عقد الصلح وأحكام العقد الذي تضمنه. لا يكون فسخ الصلح في الفقه الإسلامي بالإرادة المنفردة، فلا بد من تراضي الطرفين على الفسخ، بخلاف القانون الذي يجيز إذا أخل أحدهما بالتزاماته أن يفسخ عقد الصلح لإخلاله. This research constitutes a scientific attempt to determine the controls and provisions of judicial conciliation as a means of resolving disputes in Egyptian law and Islamic jurisprudence. While clarifying the similarities and differences between them by knowing the general provisions, by addressing the concept of reconciliation in Islamic jurisprudence and law, and then comparing the concept in Islamic law and jurisprudence, And highlighting the importance of reconciliation, as the study showed that reconciliation has a prominent place in Islamic jurisprudence, as it is characterized by flexibility and is considered a legitimate means of ending disputes as long as it does not violate the legal texts. The research also dealt with adapting the reconciliation contract and distinguishing between it and some similar terms.Then the research discussed in detail the effects of reconciliation.The research concluded that reconciliation reflects the values of tolerance and facilitation that combine Islamic jurisprudence and Egyptian law, and is an effective tool for achieving justice and social peace if it is properly activated. Among the most important results reached by the researcher are the following Reconciliation is more correctly considered a compensationcontract, except that it may be mixed with other contracts, so it is a complex contract that requires the availability of the provisions of the reconciliation contract and the provisions of the contract that it contains. In Islamic jurisprudence, reconciliation cannot be annulled by unilateral will. Both parties must agree to the rescission, unlike the law, which allows, if one of them breaches his obligations, to annul the reconciliation contract due to his breach.

Although there is no independent discipline of Islamic environmental law, Islamic law is proclaimed as a source of the legal system in the constitutions of Muslim countries. Thus, we can find in Islamic law a theoretical and practical foundation for environmental law. All sources of Islamic law can be used for this purpose as they all have a potential ecological application. This chapter explores the sources of Islamic law in order to find avenues to Islamic environmental law. In this regard, it analyzes its potential sources and paradigms. Then according to results of these analysis general Islamic principles introduced with a comparative view over the globally accepted environmental law. These general principles can be used in those countries with Islamic jurisprudence as a reference to improve their environment conservation lawmaking.

"Immigration and Criminal Law in the European Union: the Legal Measures and Social Consequences of Criminal Law in Member States on Trafficking and Smuggling in Human Beings" published on 01 Jan 2006 by Brill | Nijhoff.

This study aims to determine how the right of compensation for death is transferable to the heirs. It is agreed that harming a human body should warrant compensation. Even if it does not result in financial losses, it is considered an attack on the human body. Nevertheless, the prevailing trend in positive law still hesitates to consider the harm of death in itself, a harm that requires compensation. On the contrary, we find that Islamic jurisprudence considers the matter in its natural and logical setting from a long time ago. It is decided to guarantee and compensate for bodily damages, whether they resulted from deadly or non-deadly injury, regardless of the financial losses and consequences or moral damages that result from this damage. By referring to the Jordanian civil law, it becomes clear that compensation for bodily harm is carried out according to the rules of blood money, whose provisions are derived from Islamic jurisprudence and the provisions of Western laws, especially those related to the inclusion of compensation for the actual damage in its moral and material aspects, and its elements of actual loss and lost profit, which some jurists believe. Contemporary Muslims have what supports it in the rules of compensation in Islamic jurisprudence, especially the rule that there is no harm and no foul. In this study, we address how compensation for the harm of death is transferable to heirs in legal jurisprudence and the judiciary system and how the right to compensation for the harm of death is transferable to the heirs in Islamic jurisprudence. The comparative approach between legal jurisprudence and Islamic jurisprudence has been applied, based on strengthening jurisprudential positions with judicial positions closely related to the subject. The study recommended that the Jordanian Court of Cassation amend its jurisprudence and re-consider the death damage guarantee as material compensation for independent material damage. This should be transferred to the heirs through the inheritance and is claimed under the hereditary lawsuit, as it violated the provision of Article 274 of the Jordanian Civil Code, which authorized the death damage compensation. It also violated what was followed by Islamic civil jurisprudence and comparative judiciary.

This research aims to study the concept of legitimate defense and its legal framework in both Islamic criminal jurisprudence and Emirati legislation. Through a comparative analysis, it highlights the points of agreement and difference between the two systems and reveals the legal and religious foundations upon which this right rests as a justification for action. The study employs a descriptive-analytical approach, examining religious texts from the Holy Quran and the Sunnah (Prophetic traditions), analyzing the opinions of scholars from the four major schools of Islamic jurisprudence, and studying relevant legal texts in the UAE Federal Penal Code and Emirati judicial rulings. The research addresses the conditions for legitimate defense, its limits, and its impact on criminal and civil liability, while distinguishing it from similar legal systems such as the state of necessity. The study concluded that self-defense is an inherent right established in Islamic law, and in some cases, it even rises to the level of an obligation, particularly in cases of attacks on life and honor. The UAE legislator, however, has regulated it as a justification for self-defense, precisely defining its conditions and regulations. The findings also revealed a significant convergence between Islamic jurisprudence and UAE law regarding the essence of self-defense, especially concerning the conditions of necessity and proportionality, although some differences remain in the scope of its application and legal characterization. The study concluded with a set of recommendations emphasizing the importance of strengthening legal and jurisprudential awareness of the limits of self-defense and the necessity of developing legislative texts to achieve greater clarity and consistency with Islamic principles.

Islamic Criminal Law could play a significant role in addressing trafficking in persons. Interestingly, Islam is a way of life and the dominant national religion in most of Muslim countries. Therefore, examining trafficking in persons from an Islamic Law perspective may reflect the general thinking of people in these countries. Remarkable, the legal systems and traditions in most of Muslim countries depend primarily on Islamic Law. Accordingly, it is significant to understand the position of Islam on trafficking in persons; as such understanding has the potential to develop a comprehensive approach in addressing trafficking in persons. Notably, the significant role of Islam in addressing trafficking in persons could be illustrated on how Islam addresses several forms of exploitation. It is noteworthy that exploitation is considered the main element in the definition of trafficking in persons. Indeed, Islam addresses a number of practices falling under the concept of exploitation. By way of illustration, Islam addresses the exploitation of labour, sexual exploitation, slavery, practices similar to slavery, and selling or buying of human organs. Consequently, by acknowledging how Islam has addressed these practices, Islam could play an important role in addressing trafficking in persons by adopting an Islamic approach in the fight against trafficking in persons.It is worth noting that Islamic Law is in line with international law concerning trafficking- in-persons issues. Furthermore, the Islamic position condemns trafficking in persons. This is important because it might bring an ideological aspect in the fight against trafficking in persons.

Non-Muslims competence in giving testimony; A study between Islamic jurisprudence and the Saudi Civil procedural Law. أهلیة غیر المسلمین فی تأدیة الشهادة: دراسة بین الفقه الإسلامی وقانون المرافعات السعودی

This chapter focuses on bilateral contracts, which are one of the main types of contracts in Islamic law. In Islamic commercial jurisprudence, bilateral contracts are called ʿuqūd al-muʿāwaḍā. Moreover, bilateral contracts often reflect parallel, corresponding, and conforming promises made by the parties. The chapter enumerates the classification of bilateral contracts in Islamic commercial jurisprudence: general contracts of exchange (ʿuqūd al-muʿāwaḍāt); contracts of security (tawthīqāt); contracts of partnership (shirka); contracts of safe custody (wadīʿa); contracts relating to the utilization of usufruct (manfa ʿa); and ancillary contracts of services. It explains the bilateral contracts that involve sales-based contracts and other similar agreements in Islamic jurisprudence.

Issues on the Law of Prevention of Trafficking in Persons

Human trafficking represents a profound violation of human rights, prompting critical examination across both Islamic and Western legal traditions. This study compares these perspectives, identifying shared values and key distinctions, with particular emphasis on the ethical and punitive aspects of Islamic law related to exploitation. Using a normative legal research methodology, this research investigates the role of Islamic law (Sharia) in countering human trafficking, viewed as a contemporary form of slavery. Through an analysis of Sharia principles, such as the sanctity of human life and the comprehensive prohibition against exploitation, this study reveals preventive strategies embedded within Islamic jurisprudence. These strategies include the elimination of exploitation sources and the prohibition of unjust enrichment at the expense of vulnerable populations. The study further advocates for an integrated approach that addresses both the physical and moral dimensions of human protection. In conclusion, this research affirms Islamic law as a comprehensive framework that aligns with international human rights efforts, notably in its decisive opposition to human exploitation and commodification.

Studying the complex systems within Islamic law reveals a profound commitment to societal organization and advancement, rooted in a religion that values order and progress. Early Islamic society embraced various mechanisms ‒from postal services to policing and traffic regulations‒ illustrating an early form of a traffic security system. This legislative framework predates many modern legal systems, reflecting an integration of universal, humane, and civilizational principles. Islamic jurisprudence, with its pragmatic understanding of traffic dynamics and individual responsibility for physical well-being and material assets, extends its scope to include guarantees and compensation for bodily harm or financial loss arising from traffic incidents. Central to this exploration is an examination of the defining elements of traffic security in Islamic jurisprudence. What defines the traffic security system in Islamic jurisprudence? Does it comprehensively cover all aspects of traffic? Can it be unequivocally asserted that Islamic law takes precedence in shaping this system? This research examines these questions by assessing the system’s historical development and the meticulous precision of its legal edicts, fully realized by the third century AH. It investigates pedestrian conduct and broader regulatory complications, drawing upon insights dispersed across classical texts. Integrating historical, inductive, descriptive, and analytical methodologies, the study offers a holistic understanding of Islamic traffic law, providing timeless insights pertinent to contemporary legal discourse. However, a key limitation of this study is its exclusive focus on Islamic law, without addressing or comparing the legal frameworks of other religious traditions.

هدفت هذه الدراسة إلى تحقيق عدة أهداف محددة في مجال فهم الضمان في الفقه الإسلامي والقانون الوضعي،إذ هدفت إلى إثراء المعرفة حول مفهوم الضمان من الناحية الفقهية والقانونية وتوجيه الاهتمام نحو تحقيق التوازن بين الأصول الدينية والأنظمة الوضعية في مجال الضمان، وذلك تبعاً لأهمية الضمان في السياق الإسلامي، وبالتالي فمن أهم ما جاءت به وحرصت عليه الشريعة الإسلامية هو تنظيم أمور وأحوال العباد في كافة شؤون حياتهم وجميع مجالاتها ويأتي على رأس هذه الشئون أمور المعاملات المالية والمدنية ولذلك يعتبر موضوع الضمان في الفقه الإسلامي بشكل عام وفي المعاملات بشكل خاص من أهم الموضوعات في الفقه الإسلامي ولذلك فإن الضمان حكم ضروري في حياة الناس وهو حكم أساس من أجل أن يأمن الناس على أنفسهم وتتمثل إشكالية الدراسة في وجود غموض حول تحديد ماهية الضمان في التشريعات العربية حيث تختلط مع مفهوم المسؤولية المدنية مما يجعل من الصعوبة التعرف على حقيقة أحكام الضمان وما يمكن أن يساهم فيه في تطوير وضبط قواعد المسؤولية المدنية ولهذا تجيب الدراسة على السؤال الموجب فيها ماهي أحكام الضمان في الفقه الإسلامي وهي تهدف إلى التعرف على أحكام نظرية الضمان في الفقه الإسلامي وقد انتهت الدراسة إلى عدد من النتائج ومنها أن الضمان في الفقه الإسلامي يعتبر من الجوابر التي شرعت لجلب ما فات من المصالح و الغاية من الضمان جبر الضرر وإزالته. وهو ما نتج من العصمة التي لحق ومال الغير في الشرع الإسلامي ... وجبر ذلك يكون بالتعويض وهو مبلغ من النقود أو أية ترضية من جنس الضرر تعادل ما لحق المضرور من خسارة وما فاته من كسب كان نتيجة طبيعية للفعل الضار.

This study examines the role of Islamic law in addressing global warming, focusing on case studies from Indonesia and Western contexts. As emphasized by Indian scholar Mukherjee A, climate change has emerged as an escalating global threat driven primarily by human actions such as excessive fossil fuel consumption, deforestation for industrialization and urbanization, and rapid population growth. These activities accelerate global warming and permanently disrupt ecosystems, leading to significant human suffering. Within Islamic jurisprudence, the principle of Fiqh al-Bī’ah (Islamic environmental jurisprudence) provides both a moral and legal foundation for maintaining ecological balance. Classical Muslim scholars emphasize stewardship (khilāfah) and accountability (mas’ūliyyah) as ethical imperatives guiding human responsibility toward nature. In the contemporary context, Islamic law extends these principles through maqāṣid al-sharī‘ah, particularly the preservation of life (ḥifẓ al-nafs) and nature (ḥifẓ al-bi’ah), which demand sustainable and responsible engagement with the environment. This research employs a Systematic Literature Review (SLR) alongside an analysis of classical Islamic works, examining 578 scholarly papers to ensure comprehensive coverage. The Miles and Huberman framework, comprising data reduction, data display, and conclusion drawing, was applied to guide the data analysis. The findings reveal that Islamic law offers both normative and practical mechanisms for mitigating climate change: (1) strengthening Fiqh al-Bī’ah as a legal-ethical response, (2) promoting ecological citizenship within Society 5.0, (3) enforcing robust environmental regulations and local capacity building, and (4) integrating technological innovation with sustainable practices. The study concludes that Islamic law provides a holistic ethical and legal foundation for environmental stewardship, harmonizing traditional jurisprudence with modern sustainability initiatives to address global warming both globally and locally.

Islamic jurisprudence (fiqh) has a long history and has stagnated since the Middle Ages, whose impact is still being felt today. Various innovations have been braved enough to violate the boundaries of doctrine between schools of thought in Islamic judicial decisions in its development. It is this issue that Noel J. Coulson describes in Conflict and Tension in Islamic Jurisprudence. This article reviews the approach used by Noel J. Coulson to Islamic jurisprudence by asking two main questions. First, how are Noel J. Coulson’s approach and method in Islamic jurisprudence research? Second, how is Noel J. Coulson’s contribution to the development of Islamic law studies? The writer answered these two questions by using a bibliographic type of research. The author finds that Noel J. Coulson dissects the development of Islamic jurisprudence by using historical and sociological approaches. Noel J. Coulson argues that traditional fiqh (classical to the medieval era), contemporary fiqh and decisions in Islamic law courts constitute an actual legal entity. The author argues that Noel J. Coulson’s historical approach to Islamic law is still relevant so that Islamic law is not considered stagnant.