Structural Characteristics of Islamic Penal Law

Mohammad H. Kamali
1993 American Journal of Islam and Society  
This book, submitted initially as a master's thesis to the Institute ofMiddle Eastern Studies and then published as a working paper, consistsof four chapters and a conclusion. The first three chapters are devoted todiscretionary (ta'zir) and prescribed (hadd) punishments, as well as thosefor injury and murder. The last chapter discusses themes in the philosophyof punishment, their relevance to Islamic and western law and, toa lesser degree, provides comparisons with Japanese law. The two
more » ... ectives, as stated on the first page, are "to scrutinize the nature of theIslamic penal system and . . . investigate the possibility of applying it tothe Islamic countries."The author advances the theme that, in general, penalties in Islamiclaw are predicated on defending and safeguarding the interests of theMuslim community (i.e., the ummah Islamiyah, as the author frequentlycalls it). As the family is its stable foundation, threats to its integrity (i.e.,illicit sexual relations [zinaJ and slanderous accusations [qadhf)) arepunished severely to protect the community's morality (pp. 34, 38).He says further that Islamic penal law has a dual structute. The firstlevel consists of pt.escribed punishments (hadd), retaliation (qisas), andblood money (diyah), while the second one is that of discretionary punishments(ta'zir). The main purposes of the former are deterrence andpersonal retribution, whereas those for the latter are more versatile, asthey cover all tmnsgressions and can be applied as additions or altemativesto first-level punishments ...
doi:10.35632/ajis.v10i4.2479 fatcat:esytl5s4znahzjltkdpny5f2iy