Islamic criminal jurisprudence

• Islamic criminal law (sometimes called

penal law) is criminal law in accordance
with Islamic law. Criminal law is seen as
part of the relationship between Allah and
the believer, and is therefore a
fundamental aspect of the religious law.
 Four Classes Of Crimes
• There are four classes of crimes in Islam,
divided according to their mention in the Quran.
1) Hudud - fixed punishments
2) Qisas - meaning retaliation, and following the
biblical principle of "an eye for an eye."
3) Diyya - compensation paid to the heirs of a
victim. In Arabic the word means both blood
money and ransom.
4) Tazir - punishment, usually corporal,
administered at the discretion of the judge
 1.Hudud
• Hudud (Arabic ‫حدود‬, singular hadd literal meaning "limit", or "restriction") is the word
often used in Islamic literature for the bounds of acceptable behaviour and the
punishments for serious crimes.
• In Islamic law or Sharia, Hudud usually refers to the class of punishments that are
fixed for certain crimes that are considered to be "claims of God."
• Therefore the sovereign was held to have a responsibility to punish them. All other
offenses were defined as "claims of [His] servants," and responsibility for prosecution
rested on the victim. This includes murder, which was treated as a private dispute
between the murderer and the victim's heirs. The heirs had the right to compensation
and to demand execution of the murderer, but they could also choose to forgive.
Hudud offenses include
1) Drinking alcohol (sharb al-khamr)
2) Theft (sariqa)
3) Highway robbery (qat' al-tariq)
4) Illegal sexual intercourse (zina')
5) False accusation of zina' (qadhf)
6) Rebellion against the ruler
7) Apostasy (irtidād or ridda) - includes blasphemy.

• The Shafi'i school of Islamic jurisprudence does not include highway robbery.
• The Hanafi school does not include rebellion and heresy.
• Except for drinking alcohol, punishments for all Hudud crimes are specified in the
Quran or Hadith: stoning-Hadith, amputation and flogging.
 Alcohol
• In Islam, alcoholic beverages
{An alcoholic beverage is a drink containing
ethanol, commonly known as alcohol, although
in chemistry the definition of alcohol includes
many other compounds. Alcoholic beverages
are divided into three general classes: beers,
wines, and spirits}.
• Or any intoxicant is forbidden, but alcohol is
allowed to be used for medical and other
purposes, for example industrial and automotive
use.
 Theft
• In criminal law, theft (also known as
stealing or filching) is the illegal taking of
another person's property without that
person's freely-given consent.
 Robbery
• Robbery is the crime of seizing property
through violence or intimidation. More
precisely, at common law, robbery was
defined as taking the property of another,
with the intent to permanently deprive the
person of that property, by means of force
or fear.
 Zina
• Zina in Islam is extramarital sex and premarital sex. Islamic law
prescribes punishments for Muslim men and women for the act of
Zina.
• Islamic law considers this prohibition to be for the protection of men
and women and for the respect of marriage. Zina is considered one
of the greatest sins in Islam, whether it is before marriage or after
marriage. In addition to the punishments rendered before death,
sinners will be punished severely after death, unless purged of their
sins by a punishment according to Sharia law.
• Islamic law prescribe stoning as the punishment for adultery
committed by a married person, while the punishment for unmarried
adulterer is one hundred lashes or being exiled for 12 months. The
source for the punishment of an unmarried adulterer is the Quran,
while the sources for the punishment of the married adulterer is
found in the ahadith.
 Rebellion
• Rebellion is a refusal of obedience. It may
therefore be seen as encompassing a
range of behaviours from civil
disobedience and mass nonviolent
resistance, to violent and organized
attempts to destroy an established
authority such as the government. Those
who participate in rebellions are known as
"rebels".
 Apostasy in Islam
• Apostasy in Islam (Arabic: irtidād or ridda) is
commonly defined as the rejection of Islam in
word or deed by a person who has been a
Muslim.
• The four major Sunni and the one major Shia
Madh'hab (schools of Islamic jurisprudence)
agree that a sane adult male apostate must be
executed. They differ on the punishment for a
female apostate - some schools calling for death
and others for imprisonment.