Middle East Book Review

Punishment under Islamic Law: Origin and Justification

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ISBN: 9780993572029
Publisher: Middle East Book Review
Publication Date: 2017-04-04
Number of pages: 128
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Punishment has been discussed by thinkers over the centuries. Although the justification of punishment requires some theoretical basis, its continuation does not rest on finding such basis. A fundamental principle that has survived despite many changes irrespective of the nature or religion of society is that some punishment is inflicted upon a person who transgresses or breaches some values of that society. The forms that criminal punishment may take in each society are strongly dependent on cultural values, historical collective memories and the judiciopolitical climate which depict particular modes of punishment as legitimate responses to crime, whether because of their effectiveness or perceived sacredness. Little has been published in English journals on Islamic penal code. Today there are several states that adopt Islamic law as developed by Muslim jurists some ten centuries ago. In Saudi Arabia, Pakistan, Bahrain and Yemen Islamic Law or Shari’a provide the base for public policy making. Almost every Muslim state today has an article in its constitution stating that Islam is either the source or a source of legislation. It has been suggested that “the sheer number of Muslims living today makes the idea of putting Islamic Law into a footnote in contemporary writings inappropriate”. This short book sets out to investigate the principles underlying Punishment in Islam.

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