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

By Rudolph Peters

In recent times many 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 rather than western legal codes. Rudolph Peters offers a close account of the classical doctrine and lines the enforcement of legal legislation from the Ottoman interval to the current day. debts of exact instances, 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 info for Crime and Punishment in Islamic Law: Theory and Practice from the Sixteenth to the Twenty-First Century (Themes in Islamic Law)

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1). If there are no terms for retaliation, although during the trial it is established that the defendant has caused the death or the injuries, the plaintiff may demand bloodmoney. This is not a form of fining: it accrues to the plaintiff(s) and not to the state, its amount is negotiable between the plaintiff and the defendant, and, finally, in many cases it is not the perpetrator who must pay the compensation, but his clan.

22 For establishing liability in cases of more than one attacker, it is also necessary that the plaintiff specifies whether the acts of each of them, provided they would have been lethal if carried out separately, were committed simultaneously or in succession. If the perpetrators acted simultaneously and if criminal intent ( ë amd ) is proven, they can all be sentenced to death. If they acted in succession, the one who first attacked the victim is liable if the victim dies within a day after the attack.

If such a person is only willing to perform this task against a remuneration, this is to be paid from the offender’s estate. 2 The death penalty by stoning (rajm) Lapidation or stoning to death is administered by a crowd, throwing stones at the condemned with the aim of ultimately killing him or her. The stones may not be too small nor too large: if they are too small it would take too long to kill the condemned and if they are too large, he would die too soon. The right size is that of a stone that fills a hand.

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