Open AccessPrinciples and Philosophy of Punishment in Islamic Law with Special Reference to Malaysia
Author(s) -
Mohammad Hāshim Kamali
Publication year - 2019
Publication title -
islam and civilisational renewal
Language(s) - English
Resource type - Journals
eISSN - 2041-8728
pISSN - 2041-871X
DOI - 10.52282/icr.v10i1.69
Subject(s) - repentance , punishment (psychology) , theme (computing) , fiqh , law , islam , sociology , political science , sharia , law and economics , epistemology , philosophy , psychology , social psychology , theology , computer science , operating system
This article advances the theme that the conventional fiqhi articulations of the prescribed hudud punishments show inconsistency with the Qur’an and are, therefore, due for a corrective. Whereas the Qur’an makes repentance (tawbah) and reform (islah) integral to the hudud punishments, the fiqh expositions of these punishments have entirely ignored that aspect of the Qur’an. To carry out this corrective and rectify the hudud theory in the way it is suggested below partakes, we believe, in veritable ijtihad that Muslim jurists and jurisdictions are strongly advised to undertake and implement.