Islamic Punishments Research Articles

Misconceptions about corporal punishment in Islam

AbstractEarly Islamic scriptures mention the use of corporal punishment parenting strategies to rectify behaviour in children. However, many Islamic scholars strongly warn against employing corporal punishment as a discipline strategy. This discussion paper aimed to examine the misconceptions surrounding the use of corporal punishment as a parenting strategy in religious teachings and explores the sociocultural norms that act as a barrier to effective Islamic parenting practices. This discussion asserts that parenting practices engaging corporal punishment discipline strategies are not an inherent part of Islamic doctrine and both historic and contemporary Islamic scholars endorse alternative, peaceful parenting strategies in line with Islamic values. Dissemination of a holistic understanding of religious teachings regarding parenting strategies within the Muslim population is needed. It discusses the recommendations for educational opportunities to encourage and promote effective parenting strategies, which aim to avoid the use of corporal punishment in Muslim communities and nations.

Ta’zir Punishment in Islam and Its Implication in Our Society

It is common knowledge that man cannot live in isolation. He interacts with others and maintains certain divine laws in that interaction. The divine laws are enforced by punishment either widely fixed by the Qur’an and Sunnah or by those that are left at the discretion of the judge. This paper therefore attempts to define Ta’zir as a discretion punishment, its difference with Hadd its basic types, legal position and most importantly its practical application in our society. The discussion is done through a survey of the glorious Qur’an, Hadith and views of scholars on the subject matter. A summary, conclusion and some positive recommendations were given at the end of the paper.

PENYELESAIAN PERKARA ANAK YANG BERHADAPAN DENGAN HUKUM MENURUT UNDANG-UNDANG NO. 11 TAHUN 2012 (ANALISIS MAQASHID AL SYARIAH)

The repressive juvenile justice paradigm has begun to be abandoned and replaced by the concept of solving a child criminal case with a restorative concept that views all parties, perpetrators, victims and communities having equal opportunity to resolve conflicts cause by a crime. The restorative concept is in conformity with the conventions agreed upon by countries in the world in the Convention on the rights of the child in 1990 with international instruments including. The study of the crime against children in Islam has existed before the rule of the child in the ancient conventional low. The objective of punishment in Islam is not only to recognize the retributive objectives as the main objective in criminal prosecution but also to recognize other objectives such as the rehabilitation of the perpetrator and also the restorative between the perpetrator and the victim. Here is the interesting thing that will be studied comprehensively related Maqasid Al Syari’ah in applying restorative justice especially in case of child face to law. See the complexity that accompanied restorative justice in children facing the law, the authors are interested to examine the settlement of lawsuits children in accordance with the law no 11 of 2012 analysis Maqasid Al syari’ah this research is a library research, descriptive analysis and analyze data qualitative with inductive method. The approach used is normative juridical, by looking at restorative justice in penal law of Indonesia, this research aim to know value of Maqasid Al Syari’ah in process of settlement of child crime case and examining view of Islam law to restorative justice value contained in law no 11 of 2012. After the research, it can be conclude that the application of restorative justice has long been adopted in the Islamic legal system, precisely on qiyas-diyat criminal acts. In the context of children, the application of restorative justice is more accommodated, given th urgency and for the benefit of the child as the nation’s successor. Whereas in viewing restorative justice in the SPPA act indicates the existence of reconciliation effort of forgiveness, correction of relationship, there is also structural responsibility as balancing individual responsibility, all of which obviously accommodated in purpose of punishment Al-isti’adah.

Criminal Liability of Children from the Perspective of Islamic Law and Positive Law in Indonesia

The position of children as legal subjects will certainly become a problem that needs to be studied in more depth. Children who physically and psychologically still need care and guidance in order to achieve perfect growth, precisely when dealing with the law will certainly experience psychological and even physical changes in a bad direction. In the case of children as legal subjects, there is a difference between Islamic law and positive law in Indonesia because of the different objectives of establishing and enforcing the law itself. To examine this problem, qualitative research methods are used with a normative juridical approach. The data collection technique was carried out using the documentation method, in which data was collected from fiqh literature and laws related to juvenile crimes, then analyzed using the content analysis method. The results of the study show that children according to Islamic law are not subject to criminal punishment because punishment in Islam is imposed on people who are mature (adults), have good sense and criminal acts are not carried out by force. However, in Islam if a child performs jarimah, a ta'zir punishment will be imposed as guidance and teaching for the child. Meanwhile, according to positive laws in Indonesia, the punishment system is different from adults.

An Actualization of Hifdz Al-Nafs Theory In Sentencing: A Philosophical Review Of Prisoner’s Rights To Healthcare At The Class IIb Detention Center In North Sinjai

The fulfillment of convicts’ rights in various aspects, particularly in terms of healthcare services, is still not optimal. This article aimed to identify the actualization of hifdz al-Nafdz's theories in granting prisoner’s rights to healthcare through an approach to the philosophical values of Islamic punishment and national law. Field research is research that raises data and problems in the field (research location). The sources of data obtained were primary and secondary data. This study employed qualitative research using a normative approach. The results of the study showed that textually, the implementation aligned with the hifdz al-Nafdz' mission in Maqashid Sharia. However, empirically, the implementation of hifdz al-Nafdz' in terms of health services has not shown perfect evidence. Islam placed great importance on the benefit aspect. Currently, the detention center accommodates 222 occupants, exceeding its maximum capacity of 100 occupants. Thus, the government should consider expanding the land area of detention centers and establishing polyclinics with additional healthcare personnel. Furthermore, appropriate treatment for detainees is necessary. Regarding law enforcement, the government has implemented regulations to ensure a balanced legal process and prevent any imbalances.

The Relevance of Islamic Law to Criminal Sanctions for Narcotics Users in Indonesia

The increasing number of drug users netted in Indonesia has made prisons and detention centres over capacity. The high number of narcotics cases has filled prisons and detention centres, mainly with those who stumble on narcotics cases. This study aims to describe Islamic punishments for cases of drug users that are relevant, based on benefit and does not cause new polemics. This type of research is library research using a descriptive-analytic method by looking for primary and secondary references related to this study. Based on the results of the analysis, it is stated that sanctions against drug users have so far not yielded good results and have even created several new polemics. Meanwhile, Islamic punishment, ta'zir, is more appropriate and relevant to narcotics users. Ta'zir punishment is preventive, which can prevent a person from getting away from drugs; repressive, which makes offenders deterrent; curative, which can provide changes in the perpetrators; and educative, both for drug offenders and other people. The implementation of Law No. 35 of 2009 on narcotics is still unable to overcome the problem of drug abuse properly, even causing new problems such as exceeded prison capacity, increased state budget burden, and punishments that do not have a positive impact on perpetrators. Islamic punishment, with a more humane and effective approach, can be a viable alternative to address this problem.

Comparative Study on Criminal Penalties According to The Perspective of Islamic Criminal Law and The Indonesian Criminal Law Code

The issue of punishment in Islam is by raising one type of punishment that is often not brought to the surface, namely the fine (diyat) as an alternative type of punishment. Sentencing also costs a lot of money, for example in the costs of court proceedings, imprisonment, parole, consultation centers that must be attended, and collection of fines. The method used in this research is a normative juridical comparison between Islamic Law and the Criminal Code (KUHP). The research specification used is descriptive analysis. The data collected and processed to support this research used library research which was processed qualitatively. All of our data is separated by data that is relevant or irrelevant to this research. The results of the research and data analysis in this study state that: first, in Islamic Criminal Law there is no such thing as a complaint offense, all jarimahs, be it hudud, qishos, diyat, and takzir, are all ordinary offenses. Adultery in Islamic law is not a complaint offense, whereas in the Criminal Code Article 284 the crime of adultery is a complaint offense, and is included in the category of absolute complaint offense. Second, in proving adultery in Islamic criminal law, it is proven by four things: testimony, confession, qarinah (indication), and li'an. However, this is not the case with the Criminal Code, because the criminal act of adultery is included in the category of an absolute complaint offense, there must be a complaint beforehand so that the offense can be processed

Comparative Study on Criminal Penalties According to The Perspective of Islamic Criminal Law and The Indonesian Criminal Law Code

The issue of punishment in Islam is by raising one type of punishment that is often not brought to the surface, namely the fine (diyat) as an alternative type of punishment. Sentencing also costs a lot of money, for example in the costs of court proceedings, imprisonment, parole, consultation centers that must be attended, and collection of fines. The method used in this research is a normative juridical comparison between Islamic Law and the Criminal Code (KUHP). The research specification used is descriptive analysis. The data collected and processed to support this research used library research which was processed qualitatively. All of our data is separated by data that is relevant or irrelevant to this research. The results of the research and data analysis in this study state that: first, in Islamic Criminal Law there is no such thing as a complaint offense, all jarimahs, be it hudud, qishos, diyat, and takzir, are all ordinary offenses. Adultery in Islamic law is not a complaint offense, whereas in the Criminal Code Article 284 the crime of adultery is a complaint offense, and is included in the category of absolute complaint offense. Second, in proving adultery in Islamic criminal law, it is proven by four things: testimony, confession, qarinah (indication), and li'an. However, this is not the case with the Criminal Code, because the criminal act of adultery is included in the category of an absolute complaint offense, there must be a complaint beforehand so that the offense can be processed

Alcohol drinking under emergency causes criminalization, from the perspective of the Sects jurisprudence the Islamic Penal Code

Emergence is, inter alia, a secondary title and a reputable jurisprudential norm used in different areas of jurisprudence and laws. A case considered as an implication emergence is alcohol drinking to eliminate thirst and to treat. There are differences among Imamieh and Sunni jurists on permission or lack of permission for emergence alcohol drinking. Among criminal laws, only article 152 of Islamic law has addressed such emergence. Which jurisprudential attitude toward permission or lack of permission on emergence alcohol drinking enjoy needed strength and can emergence alcohol drinking being criminalized? In present study, by using descriptive – analytical method and a comparative approach, it is initially attempted to reread and analyze Imamieh and Sunni jurists’ views on emergence alcohol drinking and then to compare them with Islamic Punishment Code. Ultimately, based on Holy Quran and Narratives’ general arguments and considering the fact that emergence is a secondary title, it is concluded that if someone drinks alcohol in emergency, one cannot legally consider any penal punishment for him/her. The indication of this statement, is article 152 of Islamic Punishment Code

Baby Dumping in Malaysia and Indonesia: Between National Regulation and Islamic Criminal Law

This study aims to analyze the problem of baby dumping that happened in Malaysia and Indonesia according to regulation and Islamic Law (Fiqh al-Jinayah). As known, both countries are majority Muslims population which have similarities in terms of culture and customs. However, baby dumping cases are still happening in these countries, increasing every year. So it needs to be studied more deeply, considering that both countries have implemented laws related to the prohibition of baby dumping. This research is a normative method by descriptive qualitative type. This study concludes that baby dumping cases are not a light problem but a big problem that must resolve with the support of all parties. Some factors that influence a person in baby dumping cases are pregnancies outside of marriage, lack of education with knowledge of sex, embarrassment with the surrounding community. From the laws regulated in Malaysia and Indonesia, the perpetrators of this baby disposal can be subject to the most severe punishment as regulation implemented in both countries. However, the punishment for the perpetrators is still limited to imprisonment. Even if the perpetrators are children, child protection rules are applied. This punishment in Islam is categorized as ta'zir punishment. 
 Keywords: Baby Dumping, Children, Islamic Law, Islamic Criminal Law

Conceptualization of the Penology System under Islamic Criminal Law

Islam propounds a culture where everybody follows the rules. Islam aims to preserve peace and tranquillity within the society and thus takes all required legal action to ensure the community against disruptive elements. The notion of retribution in Islam is not the primary law of Islam. They are only imposed as a requirement or series and a vindication of the primary structure of Islamic society. Criminal activity within the revered Islamic order of society is not condoned. Islam aims to change the world by changing its human adherents. Shariah law is focused on the individual rights of persons, but those rights only exist within a framework that stresses the rights of other people. Islam is not against the relative culpability of offenders and how circumstances regulate illegal conduct. Islam is the only religion where its laws and regulations are enforced according to a particular set of laws and regulations. Islam uses a system of proportional punishment. Islamic punishments are entirely justified because Islam takes complete steps to deter crime and inculcates offenders' moral conduct. The Islamic Criminal law has accepted several crimes by offering deterrence, reformative, retaliate and other kinds of punishments to uphold harmony in the community and rehabilitate the offenders. This paper focuses on the Islamic penology and the concept of crime and their punishment and explores its social, historical, and current value

اسلامی حدود: دائرۂ عمل اور منہجِ تنفیذ : Islamic capital punishments: Scope and Implementation procedure

These punishments prescribed by the religion of Islam are very just, at the same time they are in the interest of the people, human dignity, mutual respect, destruction of the family system, corruption of lineage, encroachment on people's property, abuse of human beings. To maintain the intellect and the ability to think and understand, to prevent many corruptions and evils, to cleanse society from crime and to establish and maintain public order. As the rain brings prosperity, the fields sway. The life of such subjects depends on the enforcement of Islamic punishments. The punishments for the crimes prescribed by the Qur'an and Sunnah are called (extreme crimes). These are adultery, slander and slander, stealing, drinking, fighting and apostasy. The punishment of adultery (in Islam) is for a virgin i.e., for both male and female to be hastened, while for those who are married it is to be stoned. The punishment for making false accusations and slanders is to inflict the same blows. The Shariah punishment for theft is hand-wringing. The penalty for alcoholism is 40 lashes or 40 or 80 lashes. Muharrabat means killing, hanging, deportation or amputation of hands and feet in the opposite direction for causing mischief in the land and the punishment for apostasy is murder. This will eradicate crime and disobedience and will save the life, property, honor and dignity of everyone. Love, compassion and brotherhood grow among each other. As a result, the earth spews out its treasures. And the rain of mercy falls from the sky. Hudud should not be recommended. Personal and spatial determination should be taken into consideration for the removal of Hudud. Doubts should be taken into consideration.

اسلام کا فوجداری قانون اور اس کے مقاصد:ایک تحقیقی مطالعہ

Crimes according to their punishments as envisaged by Islamic law consist of three groups. Those are Ḥadd, Qiṣāṣ, Diyat and Taʿzīr. The Ḥadd, in principle being a right of ALLĀH, no compromise, settlement, forgive or waiver is possible. The homicide with deliberate intent entails Qiṣāṣ, but the heirs of the deceased who have a right to demand Qiṣāṣ may waive it. Punishments for crimes other than dealt with as Ḥadūd or Qiṣāṣ are included in Taʿzīr. One or more punishments are awarded as deemed proper and necessary by Qāḍī, looking to the nature of the crime and its circumstance. Islamic punishment, in its nature, is a deterrent as well as a formative. In this research paper, the criminal law of Islam and its objectives are brought under discussion. Furthermore, the supremacy of Islamic laws over western laws has also been discussed.

Islamic Punishments and Its role in the Establishment of Social Justice

Islamic law/ Shari'ah has come to establish social justice, achieve public security in societies, and preserve the five necessities and the general interests of the nation. Allah Almighty (Subhanawataala) has prescribed Shari'ah penalties , the punishment for perpetrators of crimes that contravene the commands and prohibitions of Allah Almighty. Thus security, safety, reassurance and stability prevail in the State. The establishment of these punishments will also be a deterrent to the perpetrators from repeating such crimes again , and a lesson to the general public that these fair penalties take away chaos and corruption. thus achieving public security and preventing destruction and devastation in Islamic societies.

Sexualization of Sharīʿa: Application of Islamic Criminal (Ḥudūd) Laws in Pakistan

Abstract In 1979, General Zia ul-Haq promulgated the Hudood Ordinances to provide Islamic punishments for several offenses, but the prosecution for extra-marital sex (zinā) has been disproportionately higher. Based on the analysis of reported judgments, I argue that the higher rate of prosecutions for zinā was a direct result of new laws. Despite carrying the name “Hudood”, these Ordinances specified several taʿzīr offenses with the objective of ensuring prosecutions. By incorporating ḥadd and taʿzīr offenses for zinā, the Zina Ordinance blurred the distinction between consensual sex and rape, and thus exposed victim women, who reported rape, to prosecution for consensual sex. The Qazf Ordinance, which might have curbed the filing of false accusations of zinā, encouraged them by providing the complainants the defense of good faith. The number of zinā cases has decreased after the reform of the Zina Ordinance and the Qazf Ordinance under the Protection of Women Act, 2006.

عقوبة التزوير الإلکتروني ( دراسة فقهية مقارنة)

عقوبة التزوير الإلکتروني ( دراسة فقهية مقارنة) وفاء غنيمي محمد غنيمي أحمد قسم الفقه المقارن، کلية الدراسات الإسلامية والعربية بنات بالقاهرة، جامعة الأزهر، القاهرة، مصر. البريد الإلکترونى: wafaa.ghonemy@azhar.edu.eg ملخص: يهدف البحث إلى بيان عقوبة التزوير الإلکتروني، حيث يعد أفة العصر وبلاء الأمم ، فقد تحرر فيه المزور من حيز المکان والحدود ، والجهد والمادة إلى الإضرار بالدول والأفراد والمؤسسات الدولية والمحلية، بل وتعدى ذلک إلى والاعتداء على حرمة الأشخاص وحياتهم الخاصة من خلال العالم الإفتراضي، والذي يتمتع فيه المزور بالخبرة التقنية والذکاء والقدرة على الوصول إلى أنظمة ومعالجة البيانات في الأجهزة الإلکترونية المختلفة. کما ظهرت العصابات الدولية ( الهاکرز) لاختراق الأنظمة الإلکترونية المختلفة وذلک إما بغرض سياسي أو نفسي أو مالي أو غيره. وقد اتبعت في هذه الدراسة المنهج الاستقرائي التحليلي المقارن في الفقه الإسلامي والقانون الوضعي مع ذکر أراء الفقهاء والرأي الراجح ، وسبب الترجيح ، ولأن هذه الشريعة الإسلامية الصالحة لکل زمان ومکان وضعت النصوص التي تحرم الإضرار بالأموال والحقوق وحرمت التزوير تقليديا کان أم إلکترونيا، ولکن لم يرد في الشريعة الإسلامية نص صريح في عقوبتها إنما العقوبة التعزيرية التي يراها القاضي صالحة في الردع عن تلک الجرائم ، ولقد أشرت إلى مواد القوانين الرادعة لتلک الجريمة النکراء. ومن أهم النتائج التي توصلت إليها: سهولة التزوير الإلکتروني مع الثورة التکنولوجية ووسائل الاتصال الحديثة، وأن التزوير الإلکتروني عابر للقارات ، أضراره شخصية ودولية وعالمية . أن الهدف من التزوير الإلکتروني هدف نفع شخصي أو بيان فشل الأنظمة الإلکترونية للوزارت والحکومات والقدرة على اختراقها وتدميره. الإضرار بالمصالح المالية والوثائق الرسمية والعرفية الإلکترونية مما يؤدي إلى عدم الثقة فيها. لذا توصي الباحثة بما يلي: سرعة سن قوانين رادعة لهذه الجرائم المتطورة سريعا، والتعاون الدولي لمکافحة هذه الجرائم، وتعظيم دور الأخلاق في نفوس الشباب والتعاون لنشر ثقافة العقوبة الذاتية للفرد لعدم الإضرار بالآخرين. الکلمات المفتاحية : العقوبة – التزوير- التعزير- التزوير الإلکترونى . Penalty for Electronic Forgery(Comparative Jurisprudence Study) Wafa Ghoneimi Mohamed Ghoneimi Ahmed Assistant Professor, Department of Comparative Jurisprudence, Faculty of Islamic and Arabic Studies, Al-Azhar University, Cairo , Egypt. Email: ghonemy@azhar.edu.eg Abstract: The research aims to clarify the penalty for electronic forgery, as it is the scourge of all nations. The forger with technical expertise, intelligence and the ability to access systems and process data in various electronic devices, has moved from the limits of time and place, efforts and finance to mischief of countries, indifiduals, public and local establishements. He has even reached the private lives within social sites. International gangs (hackers) have even appeared to penetrate the various electronic systems, either with a political, psychological, financial, or other purposes. In this study, I followed the comparative and inductive analytical approach in Islamic jurisprudence and positive law. I have also mentioned the opinions of the jurists, the preponderant opinion, and the reason for preferring. That's because Islamic law is valid for every time and place has set texts that prohibited harm to property and forbade forgery, whether traditional or electronic. But there is no explicit text in Islamic punishment, rather it includes the discretionary punishment that the judge deems fit in deterring those crimes. Moreover, I have referred to the articles of the laws that deter this heinous crime. Among the most important findings that the researcher reached are the following: The technological revolution and modern means of communication, makes electronic fraud easier. Electronic fraud that transcends continents, leads to personal, international and global harms. The aim of electronic fraud is to get personal benefits or demonstrating the failure of the electronic systems of ministries and governments and the ability to penetrate and destroy them. Harming financial interests, official and customary electronic documents, leading to distrust in them. Therefore, the researcher recommends: Quickly enacting laws that deterrent these rapidly developing crimes International cooperation to combat these crimes. Maximizing the role of morality in the hearts of young people, and cooperation to spread the culture of self-punishment of the individual in order not to harm others. Keywords: punishment- forgery- discretion, electronic forgery.

تعزیری جرائم کےلئے سزاکا قیام: ایک شرعی جائزہ

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?

PEMIDANAAN KEBIRI TERHADAP PELAKU KEJAHATAN SEKSUAL KEPADA ANAK PERSPEKTIF HAK ASASI MANUSIA DAN HUKUM ISLAM

Sexual crimes in Indonesia have become increasingly worrying, especially against children, efforts to protect child victims by the government with Perpu No.1 of 2016 which has been passed into Law Number 17 of 2017 concerning child protection. This Perpu provides for additional regulations with castration for sexual crimes against children. The making of this policy was tinged with pros and cons because it was not in accordance with the objectives of punishment and Islamic law. The research method used is normative juridical with quantitative analysis. The purpose of this research is to see the view of the purpose of the punishment of chemical castration which is released to perpetrators of sexual crimes and to see and explain the Islamic legal views of the act of castration. The results of this study are First, the implementation of castration is an act of violence and contrary to the 1945 Constitution, namely Article 28 G paragraph 2 and Article 33 paragraph 1 of Law No. 39 of 1999 concerning Human Rights. Both Islamic Laws do not speak in writing about castration. The castration penalty stipulated in Law 17 of 2016 is a prohibition which is categorized as a punishment for takzir, because it is made by the state or leaders to overcome sexual crimes against children. The conclusion of this research is that first, castration punishment is a punishment that can violate human rights. Second, castration punishment in Islam is categorized as takzir punishment.

STUDYING ABETTING IN LEGAL SYSTEMS OF IRAN AND TURKEY

The presence of a just crime law is deemed necessary to establish safety and peace in a society. Today and as a result of rapid developments in technology, criminals try to use the technology and assist each other in order to not only commit the crimes easier and with more comfort, but also evade the criminal traces and make crime discovery more problematic. Also they would like to be punished less if they are detained. Therefore, abetting and participation in crimes is considered to be highly important. Today many societies have approved punishments for abetting and certain laws have been devised to fight against it. A comparative study of abetting can affect the prevention of related challenges. Thus, the present study is going to deal with investigating abetting using an analytic- descriptive method through comparing the criminal law in Turkey and Islamic punishments law in Iran. The findings showed that in former criminal law in Iran, the punishment for abetting in punishable crimes was identified vaguely, but the new Islamic punishment law has identified certain punishments for abetting in part ‘d’ of article 127. According to this criminal law, the punishment for abetting would be one to two levels lower than the punishment to commit it. In Islamic punishment law there are some types of crimes mentioned as: abetting, threat, provoking, direction, construction or supply of tools to commit the crime, and … . These concepts can be seen in the criminal law in Turkey, too. To approve abetting, there should be concurrency between the actions of the assistant and the abetting person and the assistant should have the same intention as the crime soliciting person. Therefore, abetting has three principal features of material, spiritual, and legal and this is exactly the same in the legal system in Turkey. The Islamic criminal law approved in 2013 has accepted the concept of relative culpability theory regarding abetting. The absolute culpability theory is known as the same law in article 38 (1) in the criminal law in Turkey.

The Retributive Proportionality and Islamic Punishment of Diyyah

Western Penal theory of ‘Retribution’ is based upon the philosophy of proportional punishment for a crime. The research focuses on the practical application of a philosophical idea in the Islamic punishment of diyyah. The main findings are the perfect application of the element of retributive ‘proportionality’ in all diyyah laws. The proportionality proved to be the basic rule of diyyah punishment where the homicide along with the bodily harms are proportionally compensated with the principle amount of hundred camels, ten thousand silver dirhams or one thousand gold dinars keeping in view the utility or the number of body parts of that organ. The damage to entire body in the shape of death, complete damage to a sense, to an organ or its utility, is proportionally compensated with full diyyah however the organs having more than one part are compensated with the proportional amount to the number of that body part in human body which results in half diyyah for damage to one hand, leg, eye or eyebrow and quarter for each eyelid. In this way each organ, its utility or each sense is proportionally compensated with adequate and proportional diyyah amount.