Rudolph peters crime and punishment in islamic law pdf

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rudolph peters crime and punishment in islamic law pdf

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Scholars of Islamic law will welcome this latest book by Rudolph Peters, an author who is both a well respected historian and specialist in Islamic law. Peters analyses the theories and practices of crime and punishment in the classical and the modern traditions of Islamic law ranging from the sixteenth to the twenty-first century. The bulk

The Age of Centralization: The Public Prosecution

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Rudolph Peters. Cambridge: Cambridge University Press, Reviewed by Kent F. In his Crime and Punishment in Islamic Law , Rudolph Peters has provided an excellent, accessible, clearly delineated, and insightful introduction to the development, doctrine, and practice of Islamic criminal law from the sixteenth century to the present. Peters's volume, the second in the Cambridge University Press series Themes in Islamic Law , brings together various lines of scholarship on practice and theory into one well-organized work divided into six chapters, including a brief introduction and a conclusion.

Permissions : This work is protected by copyright and may be linked to without seeking permission. Permission must be received for subsequent distribution in print or electronically. Please contact mpub-help umich. For more information, read Michigan Publishing's access and usage policy. Until today, no systematic study has been undertaken on the abundant Arabic material on papyrus and paper regarding crime and legal punishment. This is all the more deplorable since the papyri are almost the only source that give first-hand insight into the question of how Islamic legal practice has developed from the very beginnings. Being one of the major bones of contention, it provokes defenders and opponents likewise.

Crime and Punishment in Islamic Law (eBook, PDF)

These punishments were rarely applied in pre-modern Islam, [2] [3] and their use in some modern states has been a source of controversy. Traditional Islamic jurisprudence divides crimes into offenses against God and those against man. The former are seen to violate God's hudud or "boundaries", and they are associated with punishments specified in the Quran and in some cases inferred from hadith. Hudud punishments range from public lashing to publicly stoning to death, amputation of hands and crucifixion. During the 19th century, sharia-based criminal laws were replaced by statutes inspired by European models nearly everywhere in the Islamic world, except some particularly conservative regions such as the Arabian peninsula.

Strictly speaking, Islamic law does not have a distinct corpus of "criminal law". It divides crimes into three different categories depending on the offense — Hudud crimes "against God", [1] whose punishment is fixed in the Quran and the Hadiths , Qisas crimes against an individual or family whose punishment is equal retaliation in the Quran and the Hadiths , and Tazir crimes whose punishment is not specified in the Quran and the Hadiths, and is left to the discretion of the ruler or Qadi , i. Traditional sharia courts, unlike modern Western courts, do not use jury or prosecutors on the behalf of society. Crimes against God are prosecuted by the state as hudud crimes, and all other criminal matters, including murder and bodily injury, are treated as disputes between individuals with an Islamic judge deciding the outcome based on sharia fiqh such as Hanafi, Maliki, Shafi'i, Hanbali and Jafari followed in the Islamic jurisdiction. In practice, since early on in Islamic history, criminal cases were usually handled by ruler-administered courts or local police using procedures which were only loosely related to sharia. Traditional Islamic jurisprudence divides crimes into offenses against God and those against man.


Cambridge Core - Middle East History - Crime and Punishment in Islamic Law. Rudolph Peters, Universiteit van Amsterdam. Publisher: PDF; Export citation.


Islamic criminal jurisprudence

Ottoman Nizamiye Courts pp Cite as. T he reformed judicial system as a whole manifested a good deal of continuity, in terms of legal sources and praxis; yet, public prosecution was one of the more salient novelties in the Ottoman judicial sphere. This institution is usually associated with the task of prosecution in the domain of criminal law.

The three are considered as the basic elements in criminal law. A philosophy of punishment is necessary both to provide a theory of criminalization and also to give feature to penal responsibility. Punishment has unique features in Islamic criminal law, on the one hand because of the unchangeability of some crimes, and on the other hand because these crimes are regarded as specific to Muslims and Islamic society. It is common to consider four objectives of punishment, retribution, incapacitation, rehabilitation, and the protection of society.

Shariʿa, Justice and Legal Order

Scholars of Islamic law will welcome this latest book by Rudolph Peters, an author who is both a well respected historian and specialist in Islamic law.

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