Sunday, April 10, 2011

Criminal Law Based On Islamic Perspective.

In the name of Allah, the Beneficent, the Merciful.

I greet you all my brothers and sisters of my muslim relatives with the Islamic greeting of peace, assalamualaikum w.b.t.

Alright, what I promised, I must deliver it. But, first of all, I know that today is Sunday. So, sorry. I just got back to Kuala Lumpur by this evening. Despite all of my activities, I do still trying my best to post this entry. Ok, lets get straight to the point.

What is the objectives of this entry ?

1. I made my promise to post this entry
2. In my entry which regards to the bribery crime, I did mentioned pertaining to my suggestion that for this kind of offence, death sentence should be put forward. So, my suggestion is based on what? I will answer it in this entry.

I don't think it is necessary for me to go from the most basic points, so I will explain what is only pertaining to my objectives only.

As we know, criminal law based on Islamic perspective is not merely lie on Hudud only. Be clear about that. The other types of criminal law apply is Ta'zir.

So, what is ta'zir ?

Literally, it means 'preventing'. But conceptuality (shortly), it refers to a punishment which is not has been stated neither in the Qur'an nor Hadith.

What are the examples of offences which fall under this concept ?

There are as such as lying, bribery, gambling, lying and etc.

What are the types of punishments apply under this concept ?

Isolating, fine, advice, imprisonment, strokes, death and etc.

See the words bribe and death ?

Another important points that you have to keep in mind is, this type of criminal law is a discretionary kinds of law which will be decided by the judge called Cadi. Basically, the decision is depends on the degree of seriousness which is regards to the consequences toward the society and so on.

Thank you. Peace be upon you. ^^o

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