Open AccessConditions of Proving a Crime under Islamic Law and the Prohibition of Leniency in Particular Crimes
Author(s) -
Muhammad Nasir
Publication year - 2018
Publication title -
fahm-i islām
Language(s) - English
Resource type - Journals
eISSN - 2664-0031
pISSN - 2664-0023
DOI - 10.37605/fahm-i-islam.1.1.2
Subject(s) - punishment (psychology) , islam , law , sharia , order (exchange) , property (philosophy) , political science , honor , criminology , human life , criminal law , action (physics) , sociology , law and economics , psychology , business , philosophy , social psychology , computer science , epistemology , theology , physics , humanity , finance , quantum mechanics , operating system
Human Life has been granted great sanctity in Islam. In order to protect humanlife against any form of aggression, two types of punishments have beenprescribed by Islamic Law; “hadd”, which is a fixed and unchangeable form ofpunishment prescribed in certain cases, and “ta’zeer” which is the variable anddiscretionary part of punishment prescribed for cases other than “hadd”. A deepanalysis of these two types of punishments reveal that Islam wants to protectthe life, honor and property of every individual because any violation againstthese three will result n disturbing the peace of the society which will lead tochaos and loss of trust among the society members. Since a society is seldomfree form crimes, Islam does not want the individuals to take action against anytype of crime because this will lead to arbitrary application of law which isagainst the very raison d’étre of any legal system. In this article, we analyze theconditions of proving a crime under Islamic law and we also shed light on theProhibition of leniency in applying particular types of punishments.