SOAS Research Online

Abstract

This thesis deals with the theory of Punishment in Islamic law. It is divided into four chapters. In the first chapter I deal with the fixed punishments or "al hudud"; four punishments are discussed: the punishments for theft, armed robbery, adultery and slanderous allegations of unchastity. The other two punishments which are usually classified as "hudud", i.e. the punishments for wine-drinking and apostasy are dealt with in the second chapter. The idea that they are not punishments of "hudud" is fully explained. Neither of these two punishments was fixed in definite terms in the Qur'an or the Sunna, therefore the traditional classification of both of them cannot be accepted. The third chapter discusses the punishment for homicide and injury. It is usually said that homicide is treated under Islamic law rather as a tort than a crime, and an attempt is made to explain and elucidate this. "The fourth chapter deals with the discretionary punishments or "al-ta'zir", and the fifth chapter deals with the law of evidence in criminal cases. In this thesis I have tried to explain the philosophy underlying the theory of punishment in Islamic law, so a survey in which Islamic law is examined in the light of modern penologists' ideas has been added to each of the first four chapters. The conclusion is devoted to a discussion of the possibility of applying the Islamic Penal System in present Muslim societies. I have tried to explain that unless Islamic law is accepted and enforced as a complete and comprehensive system, the Islamic penal system cannot be adopted.