Crime and Punishment in Islamic Law: Theory and Practice by Rudolph Peters PDF

By Rudolph Peters

ISBN-10: 0511345372

ISBN-13: 9780511345371

ISBN-10: 0521792266

ISBN-13: 9780521792264

ISBN-10: 0521796709

ISBN-13: 9780521796705

In recent times the various extra fundamentalist regimes within the constructing global (such as these of Iran, Pakistan, Sudan and the northern states of Nigeria) have reintroduced Islamic legislations as opposed to western legal codes. Rudolph Peters provides a close account of the classical doctrine and lines the enforcement of felony legislations from the Ottoman interval to the current day. bills of tangible circumstances, starting from robbery and banditry to homicide, fornication and apostasy, make clear the complexities of the legislations, and the sensitivity and intelligence of the qadis who carried out it.

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Additional resources for Crime and Punishment in Islamic Law: Theory and Practice from the Sixteenth to the Twenty-First Century (Themes in Islamic Law)

Sample text

Ukm al-sabab) between the latter and the offence remains intact. Unlawful orders by the head of state or state officials are also regarded as duress, even if no specific threats were uttered. There is some controversy about when precisely a power relationship is assumed to imply coercion and when not. , had ordered a soldier to give fifty strokes of the cane to B¯ab¯a ë Abd All¯ah, a soldier who, pleading illness, had refused to carry out a command. As a result of this chastisement the soldier died the same day.

Answer: This is unlawful sexual intercourse, which she must never commit voluntarily. It is necessary that she offers [him] everything that she possesses in order to obtain khul ë [consensual divorce against a consideration given by the wife]. If he intends to have intercourse with her and she cannot escape by other means, it is lawful for her to add poison to his food. 19 As to men, their honour is impugned by illicit sexual behaviour of their wives or female relatives. Therefore, if a man catches his wife or one of his female relatives in a compromising situation with a man, he is permitted to kill his wife or relative and her lover, provided that killing is the only way to stop the continuation of the crime.

Their houses were also empty. Later, one of the victim’s neighbours, a woman, told that the youth’s sister, the wife of his companion who had also absconded, had come to her before the body had been found and promised her a sum of money if they would not tell anybody that the youth had visited the man the night before. In the end the suspects were found and put in prison, where they were regularly beaten to make them confess. At this point the mufti, Ibn Rushd (the Grandfather, d. 1126), was consulted about what could be done against them if they persisted in their denial.

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Crime and Punishment in Islamic Law: Theory and Practice from the Sixteenth to the Twenty-First Century (Themes in Islamic Law) by Rudolph Peters

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