Offences Against Human Body Under Islamic Law

Description

TABLE OF CONTENTS

COVER PAGE

TITLE PAGE

APPROVAL PAGE

DEDICATION

ACKNOWELDGEMENT

ABSTRACT

CHAPTER ONE

GENERAL INTRODUCTION

1.1    INTRODUCTION

• AIM AND OBJECTIVES OF THE STUDY
• SCOPE OF THE RESEARCH
• RESEARCH METHODOLOGY
• SCOPE OF THE PROJECT
• ORGANISATIONAL LAYOUT

CHAPTER TWO

• THE CONCEPT OF CRIME
• DEFINITION OF CRIME
• FEATURES OF ISLAMIC CRIMINAL LIABILITY
  • LEGAL CAPACITY
  • INTENTION
  • PROOF OF GUILT BEYOND REASONABLE DOUBT
  • EQUALITY BEFORE THE LAW
• DEFENCES
  • INFANCY/MINORITY
  • INSANITY
  • MISTAKE
  • COERCION
  • SELF DEFENCE
  • CRIMES AGAINST HUMAN BODY

CHAPTER THREE

• AZ-ZINA (ADULTERY/FORNICATION)
• DEFINITION
  • BASIS FOR THE PROHIBITION
  • PROOF OF ZINA
  • (a) SHAHADAH (EVIDENCE)

3.1.2  (b) IQRAR (CONFESSION)

3.1.2  (c) AL’QIRA’IN

3.1.3   PUNISHMENT FOR ZINA

3.1.3(a) PUNISHMENT FOR THE BIKR (UNMARRIED)

3.1.3(b) PUNISHMENT FOR THE MARRIED (MUHSAN)

• AL-QADHF (DEFAMATION/SLANDER)

3.2.1     PROOF OF QADHF

3.2.3 PUNISHMENT FOR QADHE

CHAPTER FOUR

• MURDER AND BODILY HURT
• MURDER
  • DEFINITION
  • PROOF OF MURDER
  • PUNISHMENT FOR MURDER

4.2      BODILY HURT (INJURY)

4.2.1 DEFINITION OF BODILY HURT

4.2.3 PUNISHMENT FOR BODILY HURT

CHAPTER FIVE

5.0    SUMMARY, OBSERVATION AND SUGGESTIONS

• SUMMARY
• OBSERVATION
• SUGGESTIONS

 

ARABIC WORDS AND THEIR MEANINGS

S.AW (Holy messenger)

Allah (S.W.T)

Qatl – al- Amd (murder)

Qatl al- Khata (Manslaughter)

al-Qisas (retaliation)

al-Diyyah (blood money)

al-Ta’zir (disciplinary punishment by judge)

al-Kaffarah (expiation)

Diyyah (blood money)

Tazir (disciplinary punishments by the judge)

Al-Hadiths (Traditions)

Ijma (consensus of muslim jurists)

Qisas (legal analogy)

‘Ithm’ (sin),

khatiah’, (error)

TABLE OF CASES

Abu-Zahrah; Al-Jarimah Wal-Ugubah Fil-Figh al-Islam, Dar al- Fikr al-Arabi, Cairo, (n.d) P 22 Bambale, Y. Y. (1998) Op cit. PI 5

al-Risalah, Abu-Zaid al-Qayrawani. (1986) Op cit Pp 87-89 27

Hadd, Wad’i, Vol, 1, Cairo (1959) p. 565

Qudah A. Criminal law of Islam. Vol 1. International Islamic Publishers.Karachi, (1987), P 72

LIST OF STATUTES

The act of Zina, Ibn Qudamah, Al-Mughni, Matba;ah Al-Manar, Cairo, (n.d) p.151

Holy Prophet (S.AW.) al-Risalah, Abu-Zaid al-Qayrawani. (1986) Op cit Pp 87-89 27

Abu Hanifah and Ahmad Holy Qur’an. Chapter 17 v.32

 

 

 

 

 

 

CHAPTER ONE

GENERAL INTRODUCTION

• INTRODUCTION

Islamic law has its own refined way of explaining its commandments, especially those relating to crime and punishment. It does not confine itself to merely mentioning the crime and its punishment like other codes of punishments of the world, but diverts human attention to fear of Allah and fear of the Day of Judgement which prove more effective in purifying the mind of the criminal and educating him than any other know method.

Allah has declared the sanctity and inviolability of the human person. The Holy Qur’an Has guaranteed the protection of people’s body against any violation from other people. This is reflected in various injunctions of the Holy Qur’an. The Holy prophet (SAW) emphasised the importance of this right of the individual even in His farewell pilgrimage, and He condemned those who tempers with other people’s body by unlawful [1]

The offences which are dealt with here, Le under this research are Zina, Qadhf, Murder and causing bodily hurt. They are generally accepted as offences, which deserve punishment.

• AIMS AND OBJECTIVES OF THE STUDY

The aims and objectives of the this research, ie Offences Against  Human Body under Islamic law are:

1. To bring to light the fundamental principles of Shariah regarding crimes against the human body
2. To educate the vast majority of the people who are either ignorant or misinformed about the Islamic perspective about these crimes and proper solutions to those crimes, with the aim of curbing the crime rate.

 

• SCOPE OF THE RESEARCH

The scope of the research is limited to crimes that effect human body.

The offence against human body is Zina, Qadhf, murder and bodily hurt.

The criminal act that constitute these offence as well as the punishment of those acts as provided by the shari’ah will be in focus. However, it is not within the ambit of this research to dwell on the sociology or root of these offences,

• RESEARCH METHODOLOGY

The research methodology employed for this project, is Doctrinal method i.e. it is library oriented research as is the case with legal research.

The primary authority of this research are the Holy Qur’an and the Traditions (Al-Hadiths) of the Holy prophet (SAW). While the Ijma (consensus of muslim jurists) Qisas (legal analogy) as deducted from refutable Islamic textbooks research work

 

• ORGANISATIONAL LAYOUT

 

This research work is sub-divided into five principal topics, styled as chapters with appropriate titles.

Chapter one, which is titled the general introduction covers the preliminary aspect of the research work.

Chapter two discusses the Islamic concept of crime, liability and defenses to criminal acts are expounded. Also the foundation of the main substance of this research is laid in this chapter.

Chapter three deals with two offences i.e. Zina and Qadhf, their nature and punishment. Chapter four follows in explaining the two other offences against human body Le murder and bodily hurt. Their variant mode of proof and punishment are in focus. Chapter five concludes and summarises the research and then profer some suggestions.

[1]Bambale, Y. Y., Crimes and punishments under Islamic Law, Infoprint Ltd. Kaduna, (1998).