Open AccessTHE CONTRIBUTION OF FIQH AL-JINAYAT (ISLAMIC CRIMINAL LAW) IN THE PLANNING OF A SAFE CITY
Author(s) -
Azila Ahmad Sarkawi,
Ahmad Ibrahim,
Alias Abdullah
Publication year - 2008
Publication title -
planning malaysia
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.232
H-Index - 7
eISSN - 1675-6215
pISSN - 0128-0945
DOI - 10.21837/pm.v6i1.64
Subject(s) - islam , law , fiqh , punishment (psychology) , criminal law , sociology , political science , criminology , sharia , psychology , social psychology , theology , philosophy
The planning towards a safe city is a must, as it is to fulfill the rights of people that we planned for. In Islam, it is a requirement through the realization of maqasid al-shari 'ah (objectives of Islamic law) that five elements i.e. religion, life, intellect, lineage and property must be preserved or protected in any planning practices. Thus, it is the intention of the paper to present the idea of Islamic criminal law (jiqh al-jinayat) so that it can fonvard the planning of a safe city. For that matter, the six crimes under hudud natnely sariqah (theft), zina (illegal sexual intercourse), qadhf (false accusation), shurb (intoxication), riddah (apostasy) and hirabah (anned robbery) are discussed at length. The paper also discusses the crimes under qisas (retaliation) and ta 'zir (discretionary punishment). The discussion lays down the principles of Islamic criminal law and sheds light on how Islam deals with criminal happenings in society. It is found that Islam imposes severe punishment on crimes committed. These punishtnents were carried out in view of the public as a lesson to other community members. The approach is more to educate the public, to instill awareness and a sense of responsibility and care, rather than to punish them. This spiritual dimension in the planning of a safe city is very important in addition to the provision of the physical elements of safety.