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Islamic Studies > Fiqh Jinayah > Flashcards

Fiqh Jinayah Flashcards

1
Q

What is Fiqh Jinayah?

A

acts or crime that are prohibited by religion and can result in punishment.

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2
Q

Surah al-Anbiya’ verse 107:
And We have not sent you, [O Muhammad], except as a mercy to the worlds.
This surah shows that…

A

Islamic law came to be a blessing to mankind and the whole universe.

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3
Q

Concept of Jinayah

A

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.

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4
Q

Fundamentals of the Islamic Criminal & Punishment System(4)

A
  1. All human beings are innocent as long as he is not convicted by a court.
  2. no crime and no punishment without evidence from the Quran and Hadith.
  3. No one has the right to grant pardon in a criminal case involving the rights of God.
  4. All residents in an Islamic country are equal in legal and court matters
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5
Q

Categories of Criminal(3)

A
  1. Hudud
  2. Qisas & DIyat
  3. Ta’zir
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6
Q

What are the crimes in Hudud?(6)

A
  1. Sex before marriage
  2. Qazaf
  3. Drinking alcohol
  4. Stealing
  5. Robbing
  6. Apostate(those who leave the religion)
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7
Q

Punishment for Hudud(Sex Before Marriage):

A
  1. Whipping 100 times
  2. Stoning to death(witnessed by pubkic-muhsan)
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8
Q

Punishment for Hudud(Sex)
For adultery on sodomites only:

A

Whipping

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9
Q

Punishment for Hudud(Sex)
(Sodomy equals adultery):

A

Stoned

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10
Q

Punishment for Hudud(Sex)
(Sodomy not adultery):

A

Takzir

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11
Q

Punishment for Hudud(Sex)
(Gay/Lesbian):

A
  1. Subject to Takzir(Fuqaha agrees)
  2. Masturbation: Takzir
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12
Q

Punishment for Hudud(QAZAF)

A
  1. 80 whippings
  2. His testimony is rejected forever(cannot marry ever again)
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13
Q

Punishment for Hudud(Drinking alcohol)

A

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

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14
Q

Punishment for Hudud(STEALING)

A

Cut the hand
1. First Time: cut the right hand at the joint
2: Second Time: Cut the left leg at the ankle

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15
Q

Punishment for Hudud(ROBBING)
Intimidate only

A
  1. Hanafi & Ahmad: remove the area.
  2. Syafie: remove the area & takzir.
  3. Malik: up to the government (kill/crucify, cut off hands & feet or remove the area.)
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16
Q

Punishment for Hudud(ROBBING)
Seizing Property

A
  1. Hanbali, Syafie & Hanafi: cut hands and feet.
  2. Malik: up to the government (kill/crucify or cut off hands & feet)
17
Q

Punishment for Hudud(ROBBING)
Killing & Seizing Property

A
  1. Syafie & Ahmad: murder, crucifixion
  2. Hanafi: cut off hands & feet, murder, crucifixion
  3. Malik: crucified OR killed
  4. Zahiri: up to the government (kill/crucify, cut off hands & feet or remove the area.)
18
Q

Punishment for Hudud(APOSTATES)

A
  1. Jumhur ulama’: kill men or women
  2. Imam Ahmad - women not killed & forced to return to Islam
  3. Malik, part of Syafie & part of Ahmad: 3 days repentance period given
  4. Part of Syafie & Ahmad - not mandatory for the period
19
Q

What is Qisas Punishment?

A

Punishing the criminal with the same act as the crime he committed

20
Q

What is Diyat Penalty?

A

A certain property rate. Punishment on criminals who murdered or injured other people.

21
Q

Crimes of Qisas & Diyat

A
  1. Murder(on purpose, accident)
  2. Injuring(on purpose, accident)
  3. Abortion
22
Q

Punishment Qisas&Diyat(MURDER)
- on purpose
- accident

A
  • qisas
  • diyat
23
Q

Punishment Qisas&DIyat(INJURING)
- on purpose
- accident

A
  1. Purposely:
    Qisas - the law of origin.
    Takzir & Diat - If unable to perform qisas
  2. Not on purpose: Diat
24
Q

Punishment Qisas&Diyat(ABORTION)

A
  1. dead state - Ghurrah(free a slave with the value of 5 camels)
  2. comes out alive but dies later - qisas (intentionally) or diat (accidentally)
  3. comes out alive and dies somehow - takzir
  4. miscarriage/not after the death of the mother - takzir
  5. dies after mother suffers an injury or death - diat
25
Q

What is Ta’zir:

A

Punishments that can be imposed by government.

Islamic Studies (3 decks)

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