Crime and Punishment in Islamic Law : Theory and Practice from the Sixteenth to the Twenty-First Century / Rudolph Peters.

Format:

Book

Author/Creator:

Peters, Rudolph.

Series:

Cambridge books online.

Themes in Islamic Law ; no. 2

Language:

English

Subjects (All):

Criminal law (Islamic law).

Punishment (Islamic law).

Crime--Religious aspects--Islam.

Crime.

Punishment--Religious aspects--Islam.

Punishment.

Physical Description:

1 online resource (232 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Cambridge University Press, 2006.

System Details:

Mode of access: World Wide Web.

text file

PDF

Summary:

Rudolph Peters' book is about crimes and their punishments as laid down in Islamic law. In recent years some Islamist regimes, such as those of Iran, Pakistan, Sudan and the northern states of Nigeria have reintroduced Islamic law in place of Western criminal codes. This was after the abolition of Islamic criminal law in the nineteenth and twentieth centuries. Previously, during the pre-modern period, Islamic criminal law was applied across the Muslim world and there are many examples of that application in the abundant archives and other sources of the period. Peters gives a detailed account of the classical doctrine and traces the enforcement of criminal law from the Ottoman period to the present day. The accounts of actual cases which range from theft to banditry, murder, fornication and apostasy shed light on the complexities of the law, and the sensitivity and perspicacity of the qadis who implemented it. This is the first single-authored account of both the theory and practice of Islamic criminal law. It will be invaluable for students, and scholars in the field, as well as for professionals looking for a comprehensive coverage of the topic.

Contents:

2 The classical doctrine 6

2.2 Enforcement and procedure 8

2.3 General principles of substantive criminal law 19

2.4 The penalties 30

2.5 Homicide and bodily harm 38

2.6 Hadd offences 53

2.7 Discretionary punishment on the strength of ta'zir and siyasa 65

3 The implementation of Islamic criminal law in the pre-modern period: the Ottoman Empire 69

3.2 Shari'a and qanun 71

3.3 The enforcement agencies 75

3.4 Procedure 79

3.5 Substantive law 92

4 The eclipse of Islamic criminal law 103

4.2 Anglo-Muhammadan criminal law and its demise: British India and Nigeria 109

4.3 Legal dualism: the separation between the domains of Shari'a and siyasa: the Ottoman Empire and Egypt 125

5 Islamic criminal law today 142

5.2 Uninterrupted application of Islamic criminal law: the example of Saudi Arabia 148

5.3 The reintroduction of Islamic criminal law 153

5.4 Islamic criminal law and human rights standards 174.

Notes:

Title from publishers bibliographic system (viewed on 02 Mar 2012).

Other Format:

Print version:

ISBN:

9780511610677

9780521792264

Access Restriction:

Restricted for use by site license.