Thursday, August 2, 2007

OUTLINES OF CRIMINAL LAW AND JUSTICE IN ISLAM DR.MOHAMMAD

SHABBIR; International Law Book Services, Selangor, Darul Ehsan, Malaysia, Pp. Xxviii 409 (Paperback)

Reviewed By : Dr. Md. Zafar Mahfooz Nomani zafarnomani@rediffmail.com Reader , Faculty of Law, Fort Road, Aligarh Muslim University, Aligarh

Outlines of Criminal Law and justice in Islam is a thematic contribution to the subjects of criminal Law and criminology. Though the book has four chapters, the contents are highly enriched which might have dissected into many more chapters. chapter I deals with the philosophy of Criminal law and justice in Islam. Rudiments of Islamic penal philosophy, conception, and classification of crimes and punishment, ingredients of crime, stages of crime, theories of punishment and the matter and impanation of Islamic criminal law finds a critical scrutiny under the chapter. Chapter II analyze handed (Fixed) punishment and allied issues with specific offences and their descriptions with punishment. Chapter II deals with qisas, qisas punishments, infliction of qisas issues of application of qisas, pardon of qisas and factors in compounding qisas chapter IV consists of additional penalty and tazir remission of Punishment are also attempted thoroughly. Chapter II delineates on Hudud (Fixed) Punishments Hudud crimes are most serious, heinous and grave under the Islamic penal law. These crimes and their penalties are defined and prescribed by the Qur’an and the Sunnah of the Prophet (SAW). The crime falling within the pale of hadd are Zina (adultery/ fornication), shrub (drinking wine), sariqa (theft), qate tariq (highway robbery), qadhf (false accusation of unlawful intercourse), al-riddah (apostasy) and al-baghy (rebellion). Chapter III dwells on Qisas (relation) wherein the conceptual analysis, historical perspective, basis of punishment and principle of diya (blood-money) are outlined in far greater clarity. Under the heading ‘Crimes attracting qisas punishment, murder, voluntary or intentional killing, involuntary or accidental killing, Voluntary or intentional physical injury, and Involuntary or accidental physical injury finds a specific mention. Chapter IV of the book is an analysis of Tazir i.e., discretionary punishment. The typology of this chapter is somewhat difference than previous chapters

. The book is a valuable addition to the corpus of comparative criminological and penological jurisprudence. The book is neatly composed, carefully arranged, nicely proof read and legibly printed.

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