StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Crime Punishments in Islam - Research Paper Example

Comments (0) Cite this document
Summary
submitted Crime Punishment in Islam Introduction As a path to follow, the Sharia provides a clear and comprehensive road map for living a pure spiritual life as a Muslim. It is both prescriptive and proscriptive, covering all of the most basic elements of human existence…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER99% of users find it useful
Crime Punishments in Islam
Read TextPreview

Extract of sample "Crime Punishments in Islam"

Download file to see previous pages For violators of its sacred rules of conduct, the traditional Islamic law provides a clear message of swift and severe punishment, (for example amputation, death by stoning and beheading) and the lingering fear of eternal damnation through Allah’s almighty power (Miethe and Lu, 163-164). Demystifying ‘Crime’ and ‘Punishment’ in the Islamic Religion When we examine the philological meaning of jinaya (perpetration of a crime), we see that it is derived from the verb jana (to commit a crime, to sin). It is defined as a crime or a sin which, if committed, makes retaliation mandatory for its perpetrator and incurs punishment in this world and in the hereafter. Thus, when it is said ‘jana ala nafsih wa ala ahlih’ (‘he perpetrated a crime against himself and his family’), such an evil is termed as jinaya. Technically, a jinaya is an aggression against a person or his rights, making retaliation or some other form of punishment mandatory. Philologically, the word uquba (punishment) is a noun derived from the verb aqaba (to punish). It is used when a person incurs a punishment as a result of the sin that he has committed. Uquba is used to define restrictions placed by God in order to restrain men from doing what He has forbidden and to leave what He has asked them to leave (Haleem and Daniels, 29-30). Punishments under Islamic Law Punishment in pre-Islamic Arabia was based primarily on the principle of retaliation (lex talionis). Lacking a state or central authority in nomadic and tribal life to regulate conflict and disputes, punishment for wrongdoing was privately dispensed by the victim and affiliates such as extended family or patron tribes. However, because of the nature of communal life and strong kinship solidarity, there was also collective responsibility for any serious misconduct committed by a clan member (Miethe and Lu, 164). Categories of crime The Muslims categorized crime in several ways. Each category of crime had a prescribed punishment. Crimes were categorized into such forms as adultery and fornication, murder and crimes to do with property and theft. Others are defamation (qadhf), crimes of taking some foods and drinks like wine among others. The distinct classifications are Hudud crimes, Qesas and Tazir. Hudud comprises of theft, adultery and drinking alcohol. Punishments for such crimes were flogging, amputations and stoning among others. Qesas crimes are retaliatory, the family of a murder victim, for instance, may demand compensation. Tazir crimes are less severe; their punishments include confinement, boycott or fines. According to Halim and Daniels, the judge in Islamic Sharia enjoys vast discretionary powers in fixing penalties, their amount, and their enforcement in such a manner that will help and restrain the culprit from the crime. This power does not extend absolutely, and is by no means free of constraints or restrictions. Rather, it is constrained by the appropriate laws concerning this punishment and its suitability to the crime, the culprit and society, and the extent of the prevalence of crime in this society (Haleem and Daniels, 30). Haleem and Daniels further highlighted the specific punishments meant to deter the culprit and prevent crime. The punishments are imprisonment, banishment and exile from the place of the crime and the city in which it was perpetrated, ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Crime Punishments in Islam Research Paper Example | Topics and Well Written Essays - 2500 words”, n.d.)
Retrieved from https://studentshare.org/religion-and-theology/1475608-crime-punishments-in-islam
(Crime Punishments in Islam Research Paper Example | Topics and Well Written Essays - 2500 Words)
https://studentshare.org/religion-and-theology/1475608-crime-punishments-in-islam.
“Crime Punishments in Islam Research Paper Example | Topics and Well Written Essays - 2500 Words”, n.d. https://studentshare.org/religion-and-theology/1475608-crime-punishments-in-islam.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Crime Punishments in Islam

Criminology Theories: White Collar Crime

The crimes can involve circumstances in which, for example, a company or its representatives deliberately contaminate the environment, sells unsafe products, or uses substandard construction materials. Other common white-collar crimes include computer/internet, telephone, insurance and many types of financial fraud.  Also included is the headline capturing insider trading scams, tax evasion and the disregarding of environmental regulations.  White-collar thievery involves the theft of the competition’s trade secrets, laundering money, taking kickbacks or bribes, embezzlement of corporate funds and counterfeiting. Although these types of crimes cause no direct bodily harm, many people are severely hurt financially a...
6 Pages(1500 words)Term Paper

Comparative Perspective on Organized Crime Groups

The Medellin Cartel of Columbia and the Sicilian Mafia are the two groups chosen for comparative analysis. In what aspects do they differ? What are their similarities? Suchlike questions will be dealt with in the passages that follow.

Both the crime groups emerged in regions with a history of political volatility. The civil war of 1948-1958 had the harshest impact on the city and its surrounding areas. The civil war was essentially one of the struggles between poor Campesinos and the rich landowners. It is no coincidence that most of the populace of Medellin are poor and are émigrés from the countryside. The industrial city of Medellin served as the operating base for the Medellin Cartel, whose founders in...
6 Pages(1500 words)Assignment

Women Commit Less Crime than Men

Through the years the percentage of crimes committed by women has been increased. If taking into account the social and financial conditions of everyday life around the world, this assumption could be regarded as partially justified. However, specific measures should be taken for the limitation of the phenomenon and the decrease of the percentage of crimes committed by women around the world.

The circumstances under which women proceed to criminal actions have been extensively studied in the literature. Towards this direction, the study of Radosh (2002) revealed that ‘the common life experience of prior physical or sexual abuse is among the most consistent recurring themes among incarcerated women; for these wome...
9 Pages(2250 words)Term Paper

The Possible Cause of Juvenile Crime

The Latin word, ‘delinquent,’ connotes dereliction of duty and gave rise to the term ‘delinquency,’ which is now generally recognized as offenses against lawful authority, or to the violation of criminal law by a child below the age of eighteen (Concept and Causes of Juvenile Delinquency). Prior to the mid-nineteenth century, children under the age of seven were not held to be responsible for criminal acts, children under the age of fourteen were held to be incapable of criminal intent and those above fourteen were subject to the same legal proceedings as adults The Juvenile Offender’s Act of 1847 allowed children under fourteen to be tried speedily and outside public scrutiny by two magistrates. The...
6 Pages(1500 words)Term Paper

Explaining White-Collar Crime through Sykes and Matzas Neutralization Techniques and Mertons Anomie

Modern criminology indicates that the term is of no limitation by referencing to types of crime, which could be enumerated as a crime by the time of the offense, by the type of offender, and by organizational culture (Cote 2002, p. 202). White-collar crimes are generally not associated with poverty or pathologies relating to it. The legal definition of crime is viewed as the only definition of crime, in which the behavior being examined is punishable by law (Sutherland 1949, p. 84).

Sutherland (1949, p. 84) claims that persons belonging to the upper socioeconomic class are involved in such criminal behavior, which is characterized as different from the criminal behavior in which the lower socioeconomic class engage in p...
11 Pages(2750 words)Report

Wicca Women and the Ladies of Islam

“The history of woman is the history of the continued and universal oppression of one sex by the other. The emancipation of woman is her restoration to equal rights and privileges with a man.” - Tennesse Claflin. The distinction between male and female sex has been a common practice in the history of mankind. We don’t know whether this distinction was there during the beginning of human civilization. But in a later period after human civilization female sex was assumed as inferior to the male sex. Naturally many restrictions were imposed on her just because she is physically weaker than the man.

As far as religious practices are concerned, the role of women in Islam and the Wicca religion is very impor...
8 Pages(2000 words)Coursework

Death Penalty: Does it Serve as a Deterrent to Future Crime

Animal instincts are directed towards self-preservation and it is the law of nature that a stronger and healthier individual has more chances of living than his weaker counterpart. The survival of the fittest has now been established as a ground reality according to Darwinian philosophy. If we eliminate our civilized thought process, it emerges as a stark reality that we would not desist from attacking another living person or animal when we are overcome by the basic needs of food, shelter, and clothing. In times of natural disasters like earthquakes, wars and floods, and manmade disasters like war, it is not uncommon to witness ravaged populations shedding the façade of civilization and resorting to violence in order to fu...
9 Pages(2250 words)Case Study

The Notion of Free Will on Understanding of Crime Causation

They, therefore, believe that internal and external factors affect the chances of a person being subject to a crime. The situation at which a person commits a crime also forms the basis of the determinist approach of causes of crimes.
Several theories elaborate on the factors that dispose of different people toward crimes. The classical theory explains that crimes occur when their benefits outdo the costs or consequences of the crime. The theory of Routine Activities suggests that a crime likely occurs if a motivated offender finds an attractive target and no appropriate guardianship in place. Various biological factors also influence the causes of crimes as evident in the discussion.
One of the major assumptions of the...
8 Pages(2000 words)Term Paper

Crime Strategies Unit

A’s office has always been that through fair and just administration enhancement of public safety can be achieved. Established on the philosophy that “A prosecutor’s office is to ensure justice and safety” It is from this that the Crime Strategies Unit (CSU) was created by D. A Vance in 2010 so as to target priority offenders and address crime issues by utilizing the collective resources of the D. A’s office, thus, developing and being able to implement strategies in an intelligence-driven prosecution (Manhattanda.org 2014).
The goal of the Crime Strategies Unit is to be able to foresee a crime before it happens and prevent it rather than after an arrest where D. A’s office prosecutes cases...
7 Pages(1750 words)Assignment

The Position of Women in Islam

...Status of Women under Islam by Introduction Muslim society is traditionally critiqued for the position of women in Islam. Islamic religious law, Sharia, presupposes differences between men and women rights and obligations. The differences can be seen in the questions of marriage, divorce, education, law, and clothes. Western society considers any limitation and restrictions to be blameworthy. However, it is impossible not to take in the account the fact that men and women are not the same, and treating them in similar way is illogical. Men and women want different things in life and are destined for different things in life. Thus, basing on the long-term observation of men and women nature Islam offers a separate way of treating women...
6 Pages(1500 words)Term Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Research Paper on topic Crime Punishments in Islam for FREE!

Contact Us