Fiqh Jinayah Flashcards
What is Fiqh Jinayah?
acts or crime that are prohibited by religion and can result in punishment.
Surah al-Anbiya’ verse 107:
And We have not sent you, [O Muhammad], except as a mercy to the worlds.
This surah shows that…
Islamic law came to be a blessing to mankind and the whole universe.
Concept of Jinayah
Crime means:
- committing an act that is forbidden and has been prescribed a punishment.
- abandoning an act that is obligatory and has been determined to leave it.
Fundamentals of the Islamic Criminal & Punishment System(4)
- All human beings are innocent as long as he is not convicted by a court.
- no crime and no punishment without evidence from the Quran and Hadith.
- No one has the right to grant pardon in a criminal case involving the rights of God.
- All residents in an Islamic country are equal in legal and court matters
Categories of Criminal(3)
- Hudud
- Qisas & DIyat
- Ta’zir
What are the crimes in Hudud?(6)
- Sex before marriage
- Qazaf
- Drinking alcohol
- Stealing
- Robbing
- Apostate(those who leave the religion)
Punishment for Hudud(Sex Before Marriage):
- Whipping 100 times
- Stoning to death(witnessed by pubkic-muhsan)
Punishment for Hudud(Sex)
For adultery on sodomites only:
Whipping
Punishment for Hudud(Sex)
(Sodomy equals adultery):
Stoned
Punishment for Hudud(Sex)
(Sodomy not adultery):
Takzir
Punishment for Hudud(Sex)
(Gay/Lesbian):
- Subject to Takzir(Fuqaha agrees)
- Masturbation: Takzir
Punishment for Hudud(QAZAF)
- 80 whippings
- His testimony is rejected forever(cannot marry ever again)
Punishment for Hudud(Drinking alcohol)
Whipping(num of whips differ)
1. Saidina Ali bin Abi Talib: 80 lashes
2. Ijma’: 80 lashes
3. Imam Syafie: 40 lashes
4. Unspecified number of lashes
Punishment for Hudud(STEALING)
Cut the hand
1. First Time: cut the right hand at the joint
2: Second Time: Cut the left leg at the ankle
Punishment for Hudud(ROBBING)
Intimidate only
- Hanafi & Ahmad: remove the area.
- Syafie: remove the area & takzir.
- Malik: up to the government (kill/crucify, cut off hands & feet or remove the area.)