On the Origins of the Islamic Criminal System

Description

Book description:

• Author's name: Dr. Mohamed Salim Al-Awa

• Number of pages: 381 pages 

• The subject of the book: A discussion of the fundamentals of the Islamic criminal system in general 

The contents of the book:

1. Introduction: Contemporary attempts to implement the Islamic system:

• Bootstrap

• Foreign law imposed on the nation

• Attempts to implement Islamic criminal provisions

• Scientific efforts

• Islamic Criminal Legislation 

• Method and purpose

• Split

2. Part I: Principles of Islamic Criminal Legislation

• Bootstrap

• Chapter I: Source-related primitives

• The Religious Character of Islamic Criminal Legislation

• Protecting Ethical Values

• Chapter II: Thematic priorities

• No crime or punishment without a text

• Non-retroactivity of criminal provisions

• Equality before criminal laws

• Punishment goals

• Chapter Three: Procedural priorities

• God's Rights and the Rights of the People

• Preventing Hududud with suspicion

• Repentance and forgiveness

3. Part II: Hudood crimes and their punishments:

• Introduction and division of offenses and penalties

• Definition of Border Crimes

• Chapter I: What is not considered a Hudood crime

• The wench

• Drinking wine

• Apostasy

• Chapter II: Agreed Hudood Crimes

• Theft

• Hiraba

• Ejaculation

• adultery

4. Part III: Crimes against persons and their penalties:

• Preface and definition

• Basic rules in the Qisas and Diyat system

• Punishment for murder

• Retribution for non-homicide

• Blood money for intentional and unintentional murder

• Blood money for wounds

• Retribution between enforcement and neglect

• Retribution and multiple perpetrators

• Retribution from a Muslim for killing a Dhimmi

• Retribution from father to son

• Retribution Legislation in Arab Countries

• Retribution and blood money between punishment and compensation

5. Part IV: Ta'zir crimes and their punishments:

• Preface and definition

• Ta'zir in the Qur'an

• Ta'zir in the Sunnah

• Excessive Discipline

• Ta'zir for abandoning jihad

• Ta'zir for theft that does not require a hadd

• Ta'zeer for withholding zakat

• Tazzeer for stalling a solvent debtor

• Ta'zir for insulting the commander of the army

• Conclusion and reasoning

• Types of punitive sanctions

• Preaching penalty

• Scolding punishment

• Threatened punishment and suspension of punishment

• Punishment for abandonment

• Penalty for defamation

• Financial penalties

• Imprisonment penalty

• Flogging punishment

• Death penalty

• Combining ta'zir with other punishments

• A judge's authority to administer ta'zir

• Restricted rather than absolute power

• The crime of usury

• The crime of perjury

• The offense of breach of trust

• The offense of cursing

• Bribery offense

• The power to criminalize under the ta'zir system

• Ta'zir System Calendar

• Implementing Islamic Criminal Systems

6. Part V: The System of Evidence in Islamic Criminal Jurisprudence:

• Bootstrap

• Testimony and justice

• Testifying in the crime of adultery

• Acknowledgment of the offense

• Reversal of Declaration

• Invalidation of a forced confession

• Judge's Knowledge as a Means of Proof in Criminal Matters

• Evidence and its Role in Criminal Evidence

7. Conclusion

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