By Rudolph Peters

Lately a number of the extra fundamentalist regimes within the constructing global (such as these of Iran, Pakistan, Sudan and the northern states of Nigeria) have reintroduced Islamic legislation instead of western legal codes. Rudolph Peters offers an in depth account of the classical doctrine and strains the enforcement of legal legislations from the Ottoman interval to the current day. bills of exact situations, starting from robbery and banditry to homicide, fornication and apostasy, make clear the complexities of the legislation, and the sensitivity and intelligence of the qadis who applied 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

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This plea can be made by a person who used proportional violence against another person to prevent him from continuing with a crime he was in the process of committing. According to all schools, except the Hanbalites, it is obligatory to defend one’s life against attacks, even at the expense of the life of the assailant. They infer this from K 2:195 (‘. . and be not cast by your own hands to ruin . ’) reading this text as a prohibition for Muslims to be the cause of their own deaths, if they can prevent it.

Add offences. It implies that minors and the insane are not held responsible for their offences, because they are presumed not to be aware of the unlawfulness of their acts and, moreover, lack criminal intent. Further, this framework is a starting point for considering coercion as a defence in criminal proceedings. add offences. mad b. Idr¯ıs Qar¯af¯ı, Anw¯ar al-bur¯uq f¯ı anw¯a aë l-fur¯uq, 4 vols. ), vol. I, p. 162. 1 Minority, insanity and unconsciousness There is no mens rea if the perpetrator of an offence, according to the law, lacks the intellectual capacity to realise fully the implications of his conduct.

Imber, Ebu ì s-Su ë ud, p. 250. The classical doctrine 17 showing marks of violence. The schools differ on its conditions and on its legal effects. According to most schools the oaths are sworn on the side of the plaintiffs. According to the Hanafites, however, it is the defendants who must swear the oaths, which is more in accordance with the general rules of evidence. For all schools but the Hanafites, the qas¯ama procedure is a means to complement insufficient evidence, whenever there is a strong suspicion (lawth) as to the identity of the murderer.

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