Hudud

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Hudud (Arabic: حدود Ḥudūd, also transliterated hadud, hudood; plural of hadd, حد, lit. "limit, boundary") is an Islamic term referring to punishments which under Islamic law (shariah) are mandated and fixed by God. These punishments were rarely applied in pre-modern Islam,[1][2] and their use in some modern states has been a source of controversy.

Traditional islamic jurisprudence divides crimes into offenses against God and those against man. The former are seen to violate God's hudud or "boundaries", and they are associated with punishments specified in the Quran and in some cases inferred from hadith.[3][4] The offenses incurring hudud punishments are zina (unlawful sexual intercourse), unfounded accusations of zina,[5][6] drinking alcohol, highway robbery, and some forms of theft.[7][8] Jurists have differed as to whether apostasy and rebellion against a lawful Islamic ruler are hudud crimes.[3][9]

Hudud punishments range from public lashing to publicly stoning to death, amputation of hands and crucifixion.[10] Hudud crimes cannot be pardoned by the victim or by the state, and the punishments must be carried out in public.[11] However, the evidentiary standards for these punishments were often impossibly high, and they were infrequently implemented in practice.[4][1] For example, meeting hudud requirements for zina and theft was virtually impossible without a confession, which could be invalidated by a retraction.[12][4] Based on a hadith, jurists stipulated that hudud punishments should be averted by the slightest doubts or ambiguities (shubuhat, sing. shubha).[12][4] The harsher hudud punishments were meant to deter and to convey the gravity of offenses against God, rather than to be carried out.[4]

During the 19th century, sharia-based criminal laws were replaced by statutes inspired by European models nearly everywhere in the Islamic world, except some particularly conservative regions such as the Arabian peninsula.[2][13][14] The Islamic revival of the late 20th century brought along calls by Islamist movements for full implementation of sharia.[13][15] Reinstatement of hudud punishments has had particular symbolic importance for these groups because of their Quranic origin, and their advocates have often disregarded the stringent traditional restrictions on their application.[13] In practice, in the countries where hudud have been incorporated into the legal code under Islamist pressure, they have often been used sparingly or not at all, and their application has varied depending on local political climate.[13][14] Their use has been a subject of criticism and debate.

Hudud is not the only form of punishment under sharia. In other cases involving bodily harm, Islamic law prescribes a retaliatory punishment analogous to the crime (qisas) or monetary compensation (diya), and for other crimes the form of punishment is left to the judge's discretion (ta'zir).[3] Criminals who escaped a hudud punishment could still receive a ta'zir sentence.[2] In practice, since early on in Islamic history, criminal cases were usually handled by ruler-administered courts or local police using procedures which were only loosely related to sharia.[16][17]

Scriptural basis[edit]

Hudud crimes are defined in the Quran and the Sunnah.

Quran[edit]

The Qur'an describes several hudud crimes and in some cases sets out punishments.[3] The hudud crime of theft is referred to in Quranic verse 5:38:[3]

As to the thief, male or female, cut off his or her hands: a punishment by way of example, from Allah, for their crime: and Allah is Exalted in power.[18]

The crime of "robbery and civil disturbance against Islam" inside a Muslim state, according to some Muslim scholars, is referred to in Quranic verse 5:33:[3]

The punishment of those who wage war against Allah and His Messenger, and strive with might and main for mischief through the land is: execution, or crucifixion, or the cutting off of hands and feet from opposite sides, or exile from the land: that is their disgrace in this world, and a heavy punishment is theirs in the Hereafter.[19]

The crime of intoxication is referred to in Quranic verse 5:90, and hudud punishment is described in hadiths:[3]

O ye who believe! Intoxicants and gambling, (dedication of) stones, and (divination by) arrows, are an abomination, - of Satan's handwork: eschew such (abomination), that ye may prosper.[20]

The crime of illicit consensual sex is referred to in several verses, including Quranic verse 24:2:[3]

The woman and the man guilty of adultery or fornication - flog each of them with a hundred stripes. Let not compassion move you in their case, in a matter prescribed by Allah, if ye believe in Allah and the Last Day: and let a party of the Believers witness their punishment.[21]

The crime of "accusation of illicit sex or rape against chaste women without four witnesses" and a hudud punishment is based on Quranic verses 24:4, 24:6, 9:66 and 16:106, among others Quranic verse.[3]

And those who accuse chaste women and do not bring four witnesses - flog them with eighty stripes and do not accept their witness thereafter. Indeed they themselves are impure.[22]

Hadiths[edit]

The sahih hadiths, a compilation of sayings, practices and traditions of Muhammad as observed by his companions, are considered by Sunni Muslims to be the most trusted source of Islamic law after the Quran. They extensively describe hudud crimes and punishments.[23][24] In some cases Islamic scholars have used hadiths to establish hudud punishments which are not mentioned in the Quran.[3] Thus, stoning as punishment for zina is based on hadiths which narrate episodes where Muhammad and his successors prescribed it.[25] The tendency to use existence of a shubha (lit. doubt, uncertainty) to avoid hudud punishments is based on a hadith that states "avert hadd punishment in case of shubha".[26]

Hudud offences and punishments[edit]

The offences subject to hudud punishment are:

  • Some types of theft (Sariqa, السرقة). Punished with amputation of a hand;[27][3]
  • War against God (Hirabah) and Corruption on Earth (Mofsed-e-filarz). Traditionally defined as banditry or highway robbery (Hirabah, Qat' al-Tariq, قطع الطريق). Punished with crucifixion, another form of the death penalty, amputation of the right hand and the left foot, or banishment. Different punishments are prescribed for different scenarios and there are differences of opinion regarding specifics within and between legal schools.[27][3]
  • Rebellion (Baghi[3] (rebel), pl. Baghat).[28] Although there is no consensus, withdrawing from the obedience of the Caliph[28] or the Imam[3] is considered a hadd crime according to the prevailing traditional interpretation of the Quranic verse 49:9.[3][29] There is juristic consensus that the rebels must be exhorted to lay down their arms through a trusted negotiator before loyal troops have a license to fight and kill them.[3]
  • Apostasy (Riddah, ردة or Irtidad, ارتداد), leaving Islam for another religion or for atheism,[30][31] is regarded as one of hudud crimes liable to capital punishment in traditional Maliki, Shafi‛i, and Hanbali jurisprudence, but not in Hanafi and Shi‛i fiqh, though these schools also regard apostasy as a grave crime against the Islamic state and society and prescribe the death penalty for male apostates.[3]
  • Illicit sexual intercourse (Zina (الزنا). Includes pre-marital sex and extra-marital sex.[32][33] Classification of homosexual intercourse as zina differs according to legal school.[34] Although stoning for zina is not mentioned in the Quran, all schools of traditional jurisprudence agreed on the basis of hadith that it is to be punished by stoning if the offender is muhsan (adult, free, Muslim, and having been married), with some extending this punishment to certain other cases and milder punishment such as lashing prescribed in other scenarios. The offenders must have acted of their own free will.[34][25]
  • Unfounded accusation of zina (Qadhf, القذف), [27][35] punished by 80 lashes.[3]
  • Drinking alcohol (Shurb al-Khamr).[27] The Hanafis forbid drinking alcholic beverages other than wine only if it leads to drunkenness, while other schools forbid all alcoholic beverages. Punished by 40 to 80 lashes, depending on the legal school.[3]

There are a number of differences in views between the different madhhabs with regard to the punishments appropriate in specific situations and the required process before they are carried out.[3]

Marja' following Shia jurisprudence generally believe that hudud punishments can be changed by appropriately-qualified jurists.[36][37]

Murder, injury and property damage are not hudud crimes in Islamic Penal Law,[38][39] and are subsumed under other categories of Islamic penal law, which are:

  • Qisas (meaning retaliation, and following the principle of "eye for an eye"), and Diyyah ("blood money", financial compensation paid to the victim or heirs of a victim in the cases of murder, bodily harm or property damage. Diyyah is an alternative to Qisas for the same class of crimes).
  • Tazir – punishment administered at the discretion of the judge.

History[edit]

Because the stringent traditional restrictions on application of hudud punishments, they were seldom applied historically.[2] For example, aside from "a few rare and isolated" instances from the pre-modern era and several recent cases, there is no historical record of stoning for zina being legally carried out.[25] Criminals who escaped hudud punishments could still be sanctioned under the system of tazir, which gave judges and high officials discretionary sentencing powers to punish crimes which did not fall under the categories of hudud and qisas.[2] In practice, since early on in Islamic history, criminal cases were usually handled by ruler-administered courts or local police using procedures which were only loosely related to sharia.[16][17] During the 19th century, sharia-based criminal laws were replaced by statutes inspired by European models nearly everywhere in the Islamic world, except some particularly conservative regions such as the Arabian peninsula.[2]

Under pressure from Islamist movements, recent decades have witnessed re-introduction of hudud punishments and by 2013 about a dozen of the 50 or so Muslim-majority countries had made hudud applicable,[40] mostly since 1978. In 1979 Pakistan instituted the Hudood Ordinances. In July 1980 the Islamic Republic of Iran stoned to death four offenders in Kerman. By the late 1980s, Mauritania, Sudan, and the United Arab Emirates had "enacted laws to grant courts the power to hand down hadd penalties". During the 1990s Somalia, Yemen, Afghanistan, and northern Nigeria followed suit. In 1994 the Iraqi president Saddam Hussein (who had persecuted and executed many Islamists), issued a decree "ordering that robbers and car thieves should lose their hands".[41] Brunei adopted hudud laws in 2014.[42][43]

Enforcement of hudud punishments has varied from country to country. In Pakistan and Libya, hudud punishments have not been applied at all.[2] In Nigeria local courts have passed several stoning sentences for zina, all of which were overturned on appeal or left unenforced.[44]

During the first two years when Shari`a was made state law in Sudan (1983 and 1985), a hudud punishment for theft was inflicted on several hundred criminals, and then discontinued though not repealed. Floggings for moral crimes have been carried out since the codification of Islamic law in Sudan in 1991 and continue. In 2012 a Sudanese court sentenced Intisar Sharif Abdallah, a teenager, to death by stoning in the city of Omdurman under article 146 of Sudan’s Criminal Act after charging her with "adultery with a married person". She was held in Omdurman prison with her legs shackled, along with her 5-month-old baby.[45] (She was released on July 3, 2012 after an international outcry.[46])

The hudud punishment for zināʾ in cases of consensual sex and the punishment of rape victims who failed to prove the coercion, which has occurred in some countries, have been the subject of a global human rights debate.[47][48][49] The requirement of four male witnesses before a rape victim can seek justice has been criticized as leading to "hundreds of incidents where a woman subjected to rape, or gang rape, was eventually accused of zināʾ" and incarcerated,[50] in Pakistan. Hundreds of women in Afghanistan jails are victims of rape or domestic violence, accused of zina, when the victim failed to present witnesses.[51] In Pakistan, over 200,000 zina cases against women under the Hudood laws were under way at various levels in Pakistan's legal system in 2005.[52] In addition to thousands of women in prison awaiting trial for zina-related charges, rape victims in Pakistan have been reluctant to report rape because they feared being charged with zina.[53] The resulting controversy prompted the law to be amended in 2006, though the amended version has been criticized for continuing to blur the legal distinction between rape and consensual sex.[25]

Crucifixion in modern Islam, at least in Saudi Arabia, takes the form of displaying beheaded remains of a perpetrator "for a few hours on top of a pole."[54] They are far fewer in number than executions.[55] One case was that of Muhammad Basheer al-Ranally who was executed and crucified on December 7, 2009 for "spreading disorder in the land" by kidnapping, raping and murdering several young boys.[55] ISIS has also reportedly crucified prisoners.[56]

Requirements for conviction[edit]

Illegal sex[edit]

There are certain standards for proof that must be met in Islamic law for zina punishment to apply. In the Shafii, Hanbali, and Hanafi law schools Rajm (public stoning) or lashing is imposed for religiously prohibited sex only if the crime is proven, either by four male adults witnessing at first hand the actual sexual intercourse at the same time or by self-confession.[5] For the establishment of adultery, four male Muslim witnesses must have seen the act in its most intimate details. Shia Islam allows substitution of one male Muslim with two female Muslims, but requires that at least one of the witnesses be a male. The Sunni Maliki school of law consider pregnancy in an unmarried woman as sufficient evidence of zina, unless there is evidence of rape or compulsion.[5][57] However, the punishment can be averted by a number of legal "semblances" (shubuhat), such as existence of an invalid marriage contract or possibility that the conception predates a divorce.[34] The majority Maliki opinion theoretically allowed for a pregnancy lasting up to seven years, indicating a concern of the jurists to shield women from the charge of zina and to protect children from the stigma of illegitimacy.[5] These requirements made zina virtually impossible to prove in practice.[25]

If a person alleges zina and fails to provide four consistent Muslim witnesses, or if witnesses provide inconsistent testimonies, they can be sentenced to eighty lashes for unfounded accusation of fornication (qadhf), itself a hadd crime."[34] Rape was traditionally prosecuted under legal categories requiring less stringent evidentiary rules.[58] In Pakistan, the Hudood Ordinances of 1979 subsumed prosecution of rape under the category of zina, making rape extremely difficult to prove and exposing the victims to jail sentences for admitting illicit intercourse.[25] The resulting controversy prompted the law to be amended in 2006, though the amended version is still criticized by some for blurring the legal distinction between rape and consensual sex.[25]

Theft[edit]

Malik, the originator of the Maliki judicial school of thought, recorded in The Muwatta of many detailed circumstances under which the punishment of hand cutting should and should not be carried out. Commenting on the verse in the Quran on theft, Yusuf Ali says that most Islamic jurists believe that "petty thefts are exempt from this punishment" and that "only one hand should be cut off for the first theft."[59] Islamic jurists disagree as to when amputation is mandatory religious punishment.[60] This is a fatwa given by Taqī al-Dīn ʿAlī b. ʿAbd al-Kāfī al-Subkī (d. 756/1356), a senior Shafi scholar and judge from one of the leading scholarly families of Damascus: The Imam and Shaykh, may God have mercy on him, said: It has been agreed upon that the Hadd [punishment] is obligatory for one who has committed theft and [for whom the following conditions apply]:

  1. [the item] was taken from a place generally considered secure (ḥirz)
  2. it had not been procured as spoils of war (mughannam)
  3. nor from the public treasury
  4. and it was taken by his own hand
  5. not by some tool or mechanism (āla)
  6. on his own
  7. solely
  8. while he was of sound mind
  9. and of age
  10. and a Muslim
  11. and free
  12. not in the Haram
  13. in Mecca
  14. and not in the Abode of War
  15. and he is not one who is granted access to it from time to time
  16. and he stole from someone other than his wife
  17. and not from a uterine relative
  18. and not from her husband if it is a woman
  19. when he was not drunk
  20. and not compelled by hunger
  21. or under duress
  22. and he stole some property that was owned
  23. and would be permissible to sell to Muslims
  24. and he stole it from someone who had not wrongfully appropriated it
  25. and the value of what he stole reached ten dirhams
  26. of pure silver
  27. by the Meccan weight
  28. and it was not meat
  29. or any slaughtered animal
  30. nor anything edible
  31. or potable
  32. or some fowl
  33. or game
  34. or a dog
  35. or a cat
  36. or animal dung
  37. or feces (ʿadhira)
  38. or dirt
  39. or red ochre (maghara)
  40. or arsenic (zirnīkh)
  41. or pebbles
  42. or stones
  43. or glass
  44. or coals
  45. or firewood
  46. or reeds (qaṣab)
  47. or wood
  48. or fruit
  49. or a donkey
  50. or a grazing animal
  51. or a copy of the Quran
  52. or a plant pulled up from its roots (min badā’ihi)
  53. or produce from a walled garden
  54. or a tree
  55. or a free person
  56. or a slave
  57. if they are able to speak and are of sound mind
  58. and he had committed no offense against him
  59. before he removed him from a place where he had not been permitted to enter
  60. from his secure location
  61. by his own hand
  62. and witness is born
  63. to all of the above
  64. by two witnesses
  65. who are men
  66. according to [the requirements and procedure] that we already presented in the chapter on testimony
  67. and they did not disagree
  68. or retract their testimony
  69. and the thief did not claim that he was the rightful owner of what he stole
  70. and his left hand is healthy
  71. and his foot is healthy
  72. and neither body part is missing anything
  73. and the person he stole from does not give him what he had stolen as a gift
  74. and he did not become the owner of what he stole after he stole it
  75. and the thief did not return the stolen item to the person he stole it from
  76. and the thief did not claim it
  77. and the thief was not owed a debt by the person he stole from equal to the value of what he stole
  78. and the person stolen from is present [in court]
  79. and he made a claim for the stolen property
  80. and requested that amputation occur
  81. before the thief could repent
  82. and the witnesses to the theft are present
  83. and a month had not passed since the theft occurred

All of this was said by ʿAlī b. Aḥmad b. Saʿīd (probably Ibn Ḥazm, d. 1064). And the Imam and Shaykh added: and it is also on the condition that [the thief’s] confession not precede the testimony and then after it he retracts [his confession]. For if the thief does that first and then direct evidence (bayyina) is provided of his crime and then he retracts his confession, the punishment of amputation is dropped according to the more correct opinion in the Shafi school, because the establishment [of guilt] came by confession not by the direct evidence. So his retraction is accepted.[61][62]

Disputes and debates over reform[edit]

A number of scholars/reformers[63][64] have suggested that traditional hudud penalties "may have been suitable for the age in which Muhammad lived" but are no longer,[63] or that "new expression" for "the underlying religious principles and values" of Hudud should be developed.[64] Tariq Ramadan has called for an international moratorium on the punishments of hudud laws until greater scholarly consensus can be reached.[65]

Hudud punishments have been called incompatible with international norms of human rights and sometimes simple justice. At least one observer (Sadakat Kadri) has complained that the inspiration of faith has not been a guarantee of justice, citing as an example the execution of two dissidents for "waging war against God" (Moharebeh) in the Islamic Republic of Iran—the dissidents waging war by organizing unarmed political protests.[66][67] The Hudood Ordinance in Pakistan led to the jailing of thousands of women on zina-related charges, were used to file "nuisance or harassment suits against disobedient daughters or estranged wives".[68] The sentencing to death of women in Pakistan, Nigeria, Sudan for zina caused international uproar,[69] being perceived as not only as too harsh, but an "odious"[70] punishment of victims not wrongdoers.

Among the questions critics have raised about the modern application of hudud, include: why, if the seventh-century practice is divine law eternally valid and not to be reformed, have its proponents instituted modern innovations? These include use of general anesthetic for amputation (in Libya, along with instruction to hold off if amputation might "prove dangerous to [the offender's] health"), selective introduction (leaving out crucifixion in Libya and Pakistan), using gunfire to expedite death during stoning (in Pakistan).[71] Another question is why they have been so infrequently applied both historically and recently. There is only one record of a stoning in the entire history of Ottoman Empire, and none at all in Syria during Muslim rule.[71] Modern states that "have so publicly enshrined them over the past few decades have gone to great lengths to avoid their imposition." There was only one amputation apiece in Northern Nigeria and Libya,[72] no stonings in Nigeria. In Pakistan the "country's medical profession collectively refused to supervise amputations throughout the 1980s", and "more than three decades of official Islamization have so far failed to produce a single actual stoning or amputation."[73][Note 1] (Saudi Arabia is the exception with four stonings and 45 amputations during the 1980s.[72])

Among two of the leading Islamist movements, the Muslim Brotherhood has taken "a distinctly ambivalent approach" toward hudud penalties with "practical plans to put them into effect ... given a very low priority;" and in Pakistan, Munawar Hasan, then Ameer (leader) of the Jamaat-e-Islami, has stated that "unless and until we get a just society, the question of punishment is just a footnote."[54]

Supporting hudud punishments are Islamic revivalists such as Abul A'la Maududi[74] who writes that in a number of places the Quran "declares that sodomy is such a heinous sin ... that it is the duty of the Islamic State to eradicate this crime and ... punish those who are guilty of it." According to Richard Terrill, hudud punishments are considered claims of God, revealed through Muhammad, and as such immutable, unable to be altered or abolished by people, jurists or parliament.[75]

Opposition to hudud (or at least minimizing of hudud) within the framework of Islam comes in more than one form. Some (such as elements of the MB and JI mentioned above) support making its application wait for the creation of a "just society" where people are not "driven to steal in order to survive."[76] Another follows the Modernist approach calling for hudud and other parts of Sharia to be re-interpreted from the classical form and follow broad guidelines rather than exact all-encompassing prescriptions.[77][78] Others consider hudud punishments "essentially deterrent in nature" to be applied very, very infrequently.[77][78]

Others (particularly Quranists) propose excluding ahadith and using only verses in the Quran in formulating Islamic Law, which would exclude stoning (though not amputation, flogging or execution for some crimes).[79][80][81][82] The vast majority of Muslims[80] and most Islamic scholars, however, consider both Quran and sahih hadiths[81] to be a valid source of Sharia, with Quranic verse 33.21, among others,[83][84] as justification for this belief.[81]

Ye have indeed in the Messenger of Allah a beautiful pattern (of conduct) for any one whose hope is in Allah and the Final Day, and who engages much in the Praise of Allah. ... It is not fitting for a Believer, man or woman, when a matter has been decided by Allah and His Messenger to have any option about their decision: if any one disobeys Allah and His Messenger, he is indeed on a clearly wrong Path.

See also[edit]

Notes[edit]

  1. ^ The courts of Pakistan have avoided enforcement of the hadd penalties entirely, extrajudicial lynchings and guerilla activity notwithstanding. Colonel Qaddafi's Libya conducted just one official amputation, in a 2003 case involving a four-man robbery gang. Northern Nigeria has claimed about the same number of hand in total, ... [and] has not carried out any stonings at all. ...[72]

References[edit]

  1. ^ a b Wael Hallaq (2009), An introduction to Islamic law, p.173. Cambridge University Press. ISBN 9780521678735.
  2. ^ a b c d e f g Rudolph Peters (2009). "Hudud". In John L. Esposito. The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. 
  3. ^ a b c d e f g h i j k l m n o p q r s t Silvia Tellenbach (2015), "Islamic Criminal Law", In The Oxford Handbook of Criminal Law (Ed: Markus D. Dubber and Tatjana Hornle), Oxford University Press, ISBN 978-0199673599, pp. 251-253
  4. ^ a b c d e A.C. Brown, Jonathan (2014). "5. Muslim Martin Luthers and the Paradox of Tradition". Misquoting Muhammad: The Challenge and Choices of Interpreting the Prophet's Legacy. Oneworld Publications. pp. 180–181. ISBN 978-1780744209. 
  5. ^ a b c d Z. Mir-Hosseini (2011), Criminalizing sexuality: zina laws as violence against women in Muslim contexts, SUR-International Journal on Human Rights, 8(15), pp 7-33
  6. ^ Asifa Quraishi (2000). Windows of Faith: Muslim Women Scholar-activists in North America. Syracuse University Press. p. 126. ISBN 978-0-815-628514. 
  7. ^ Otto, Jan Michiel. Sharia and National Law in Muslim Countries. Amsterdam University Press. pp. 663, 31. ISBN 978-90-8728-048-2. 
  8. ^ Philip Reichel and Jay Albanese (2013), Handbook of Transnational Crime and Justice, SAGE publications, ISBN 978-1452240350, pp. 36-37
  9. ^ Campo, Juan Eduardo (2009). Encyclopedia of Islam, p.174. Infobase Publishing. ISBN 978-0816054541.
  10. ^ Hadd Oxford Dictionary of Islam, Oxford University Press (2012)
  11. ^ Terrill, Richard J. (2009) [1984]. World Criminal Justice Systems: A Comparative Survey. Routledge. p. 629. Retrieved 19 November 2015. 
  12. ^ a b Wael, B. Hallaq (2009). Shariah: Theory, Practice and Transformations. Cambridge University Press. p. 311. ISBN 978-0-521-86147-2. 
  13. ^ a b c d Vikør, Knut S. (2014). "Sharīʿah". In Emad El-Din Shahin. The Oxford Encyclopedia of Islam and Politics. Oxford University Press. 
  14. ^ a b Otto, Jan Michiel (2008). Sharia and National Law in Muslim Countries: Tensions and Opportunities for Dutch and EU Foreign Policy (PDF). Amsterdam University Press. pp. 18–20. ISBN 978-90-8728-048-2. 
  15. ^ Mayer, Ann Elizabeth (2009). "Law. Modern Legal Reform". In John L. Esposito. The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. 
  16. ^ a b Calder, Norman (2009). "Law. Legal Thought and Jurisprudence". In John L. Esposito. The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. 
  17. ^ a b Ziadeh, Farhat J. (2009c). "Criminal Law". In John L. Esposito. The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. 
  18. ^ Quran 5:38
  19. ^ Quran 5:33
  20. ^ Quran 5:90
  21. ^ Quran 24:2
  22. ^ Quran 24:6, Quran 24:4, Quran 9:66, Quran 16:106
  23. ^ Elyse Semerdjian (2008), "Off the Straight Path": Illicit Sex, Law, and Community in Ottoman Aleppo, Syracuse University Press, ISBN 978-0815631736, pp. 8-14
  24. ^ Christopher Melchert (1997), The Formation of the Sunni Schools of Law: 9th-10th Centuries CE, Brill Academic, ISBN 978-9004109520, pp. 16 with footnote 78
  25. ^ a b c d e f g Semerdjian, Elyse (2009). "Zinah". In John L. Esposito. The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. (Subscription required (help)). 
  26. ^ Silvia Tellenbach (2015), "Islamic Criminal Law", In The Oxford Handbook of Criminal Law (Ed: Markus D. Dubber and Tatjana Hornle), Oxford University Press, ISBN 978-0199673599, pp. 255
  27. ^ a b c d M. Cherif Bassiouni (1997), Crimes and the Criminal Process, Arab Law Quarterly, Vol. 12, No. 3 (1997), pp. 269-286
  28. ^ a b Shah, Niaz A. (2011). Islamic Law and the Law of Armed Conflict: The Conflict in Pakistan. Taylor & Francis. p. 62. Retrieved 13 November 2015. 
  29. ^ Quran 49:9
  30. ^ Peters & De Vries (1976), Apostasy in Islam, Die Welt des Islams, Vol. 17, Issue 1/4, pp 1-25
  31. ^ J Rehman (2010), "Freedom of expression, apostasy, and blasphemy within Islam: Sharia, criminal justice systems, and modern Islamic state practices", Criminal Justice Matters, 79(1), pp. 4-5, doi:10.1080/09627250903569841
  32. ^ Julie Chadbourne (1999), Never wear your shoes after midnight: Legal trends under the Pakistan Zina Ordinance, Wisconsin International Law Journal, Vol. 17, pp. 179-234
  33. ^ Reza Aslan (2004), "The Problem of Stoning in the Islamic Penal Code: An Argument for Reform", UCLA Journal of Islamic and Near East Law, Vol 3, No. 1, pp. 91-119
  34. ^ a b c d Peters, R. (2012). "Zinā or Zināʾ". In P. Bearman, Th. Bianquis, C.E. Bosworth, E. van Donzel, W.P. Heinrichs. Encyclopaedia of Islam (2nd ed.). Brill. (Subscription required (help)). 
  35. ^ Joseph Schacht, An Introduction to Islamic Law (Oxford: Clarendon Press, 1973), pp. 178–181
  36. ^ "New Fatwas". Retrieved September 7, 2017. In field of governmental chapters of Islamic Jurisprudence, the prophet (s.a.w.a) and the infallible Imams and the perfect and just jurists are allowed to alter those [hudud] provisions, based on the general rules of Islamic jurisprudence and according to the general interests of Islamic Umma. 
  37. ^ Kadivar, Mohsen. "Ayatollah Khomeini’s Political Theory and Public Interest" (PDF). Retrieved September 7, 2017. The absolute guardianship of jurist (al-wilayat al-mutlaqah lil-faqih) is the same as the guardianship that God gave the Prophet [of Islam] and [Shi’ite] Imams. It is one of the most prominent shari’a ordinances (al-ahkam al-ilahiyya), that has priority over ALL shari’a ordinances. 
  38. ^ Black, E. Ann; Esmaeili, Hossein; Hosen, Nadirsyah (2013). Modern Perspectives on Islamic Law. Edward Elgar Publishing. p. 219. Retrieved 5 November 2015. 
  39. ^ The Constitution of Iran: Politics and the State in the Islamic Republic / by Asghar Schirazi, London; New York: I.B. Tauris, 1997 pp. 223–24
  40. ^ Use of sharia by country (map)
  41. ^ Kadri, Sadakat (2012). Heaven on Earth: A Journey Through Shari'a Law from the Deserts of Ancient Arabia ... macmillan. p. 220. ISBN 9780099523277. 
  42. ^ Is Brunei’s Harsh New Form of Shari‘a a Godly Move or a Cunning Political Ploy? Time (May 27, 2014)
  43. ^ Lau, Martin (1 September 2007). "Twenty-Five Years of Hudood Ordinances - A Review". Washington and Lee Law Review. 64 (4): 1291–1314. 
  44. ^ Gunnar J. Weimann (2010). Islamic Criminal Law in Northern Nigeria: Politics, Religion, Judicial Practice. Amsterdam University Press. p. 77. 
  45. ^ Sudan: Ban Death by Stoning Human Rights Watch (May 31, 2012)
  46. ^ "Amnesty: SUDANESE MOTHER WALKS FREE". Sudan Tribune. 5 July 2012. Retrieved 5 November 2015. 
  47. ^ KUGLE (2003), Sexuality, diversity and ethics in the agenda of progressive Muslims, In: SAFI, O. (Ed.). Progressive Muslims: On Justice, Gender, and Pluralism, Oxford: Oneworld. pp. 190-234
  48. ^ LAU, M. (2007), Twenty-Five Years of Hudood Ordinances: A Review, Washington and Lee Law Review, n. 64, pp. 1291-1314
  49. ^ Kecia Ali (2006), Sexual Ethics and Islam, ISBN 978-1851684564, Chapter 4.[page needed]
  50. ^ National Commission on the status of women's report on Hudood Ordinance 1979
  51. ^ Afghanistan - Moral Crimes Human Rights Watch (2012); Quote "Some women and girls have been convicted of zina, sex outside of marriage, after being raped or forced into prostitution. Zina is a crime under Afghan law, punishable by up to 15 years in prison."
  52. ^ Pakistan Human Rights Watch (2005)
  53. ^ Rahat Imran (2005), Legal Injustices: The Zina Hudood Ordinance of Pakistan and Its Implications for Women, Journal of International Women's Studies, Vol. 7, Issue 2, pp 78-100
  54. ^ a b Kadri & Heaven on Earth 2012, p. 235.
  55. ^ a b "Paedophile rapist to be beheaded and crucified in Saudi Arabia". Independent.co.uk. 22 October 2011. Retrieved 19 November 2015. 
  56. ^ Nebehay, Stephanie (02/04/2015). "ISIS Reportedly Crucified, Buried Children Alive In Iraq: UN". Reuters. Retrieved 19 November 2015.  Check date values in: |date= (help)
  57. ^ Camilla Adang (2003), Ibn Hazam on Homosexuality, Al Qantara, Vol. 25, No. 1, pp. 5-31
  58. ^ A. Quraishi (1999), Her honour: an Islamic critique of the rape provisions in Pakistan's ordinance on zina, Islamic studies, Vol. 38, No. 3, pp. 403-431
  59. ^ Ali, Abdullah Yusuf (2004). The Meaning Of The Holy Qur'an (11th Edition). Amana Publications. p. 259. ISBN 1-59008-025-4. 
  60. ^ Sayyid Abul Ala Maududi (2000). The Meaning of the Qur'an, Volume 2. Islamic Publications. p. 451. 
  61. ^ Taqi al-Din al-Subki, Fatāwā al-Subkī, vol. 2, pp.333-4. (Beirut: Dār al-Maʿrifah) (online)
  62. ^ Jonathan Brown, The Shariah, Homosexuality & Safeguarding Each Other’s Rights in a Pluralist Society
  63. ^ a b William Montgomery Watt quoted in Gerhard Endress, Islam: An Introduction to Islam, Columbia University Press, 1988, p. 31
  64. ^ a b reformers cited by Esposito Esposito, John L. (2002). What Everyone Needs to Know About Islam. Oxford University Press. p. 151. ISBN 0-19-515713-3. 
  65. ^ An international call for a moratorium on corporal punishment, stoning and the death penalty in the Islamic World| tariqramadan.com | 2005 April 5
  66. ^ Kadri & Heaven on Earth 2012, p. 234.
  67. ^ Esfandiari, Golnaz (January 28, 2010). "Iran Hangs Two Sentenced In Postelection Trials". rferl. Retrieved 19 November 2015. 
  68. ^ Kennedy, Islamization of Laws and Economy, 1996: p.64
  69. ^ Puniyani, Ram (2005). Religion, Power and Violence: Expression of Politics in Contemporary Times. SAGE. p. 197. Retrieved 19 November 2015. 
  70. ^ Women’s rights in Pakistan The Washington Times
  71. ^ a b Kadri & Heaven on Earth 2012, p. 217.
  72. ^ a b c Kadri & Heaven on Earth 2012, p. 232.
  73. ^ Kadri & Heaven on Earth 2012, p. 225.
  74. ^ Sayyid Abul Ala Maududi (2000). The Meaning of the Qur'an, Volume 2. Islamic Publications. pp. 48–52. 
  75. ^ Richard Terrill (2012), World Criminal Justice Systems: A Comparative Survey, Routledge, ISBN 978-1455725892, pp. 557-558
  76. ^ Esposito, John L. (2000). "Contemporary Islam: Reformation or Revolution?". Arab Culture and Civilization. Oxford University Press. Retrieved 19 November 2015. 
  77. ^ a b Afsaruddin, Asma (2010). "3". In Christoffersen, Lisbet; Nielsen, Jørgen S. Shari‘a As Discourse: Legal Traditions and the Encounter with Europe. Ashgate Publishing, Ltd.. Retrieved 19 November 2015. 
  78. ^ a b Shahrur, Muhammad. The Wuran Morality and Critical Reasoning (PDF). Retrieved 19 November 2015. 
  79. ^ Edip Yuksel, Layth Saleh al-Shaiban, Martha Schulte-Nafeh, Quran: A Reformist Translation, Brainbow Press, 2007
  80. ^ a b Aisha Y. Musa, The Qur’anists, Florida International University, accessed May 22, 2013.
  81. ^ a b c Neal Robinson (2013), Islam: A Concise Introduction, Routledge, ISBN 978-0878402243, Chapter 7, pp. 85-89
  82. ^ Mazrui, Ali A. "Liberal Islam versus Moderate Islam: Elusive Moderation and the Siege Mentality". Retrieved 2006-07-03. 
  83. ^ Quran 3:32, Quran 3:132, Quran 4:59, Quran 8:20, Quran 33:66
  84. ^ Muhammad Qasim Zaman (2012), Modern Islamic Thought in a Radical Age, Cambridge University Press, ISBN 978-1107096455, pp. 30-31

Further reading[edit]

Short overviews[edit]

  • Rudolph Peters (2009). "Hudud". In John L. Esposito. The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. 
  • Silvia Tellenbach (2014). "Islamic Criminal Law". In Markus D. Dubber, Tatjana Hörnle. The Oxford Handbook of Criminal Law. 
  • M. Cherif Bassiouni (1997), Crimes and the Criminal Process, Arab Law Quarterly, Vol. 12, No. 3 (1997), pp. 269-286 (via JSTOR)

General references[edit]

  • Vikør, Knut S. (2005). Between God and the Sultan: A History of Islamic Law. Oxford University Press. 
  • Peters, Rudolph (2006). Crime and Punishment in Islamic Law: Theory and Practice from the Sixteenth to the Twenty-First Century. Cambridge University Press. 
  • Wael B. Hallaq (2009). Sharī'a: Theory, Practice, Transformations. Cambridge University Press. 

Specific topics[edit]

  • Zina, Rape and Islamic Law: An Islamic Legal Analysis of the Rape Laws in Pakistan. A Position Paper by KARAMAH: Muslim Women Lawyers for Human Rights
  • A. Quraishi (1999), Her honour: an Islamic critique of the rape provisions in Pakistan's ordinance on zina, Islamic studies, Vol. 38, No. 3, pp. 403-431 (via JSTOR)
  • Punishment in Islamic Law: A Critique of the Hudud Bill of Kelantan, Malaysia, Mohammad Hashim Kamali, Arab Law Quarterly, Vol. 13, No. 3 (1998), pp. 203–234 (via JSTOR)
  • Islamization and Legal Reform in Malaysia: The Hudud Controversy of 1992, Maria Luisa Seda-Poulin, Southeast Asian Affairs (1993), pp. 224–242 (via JSTOR)
  • Criminal Justice under Shari'ah in the 21st Century—An Inter-Cultural View, Michael Bohlander and Mohammad M. Hedayati-Kakhki, Arab Law Quarterly, Vol. 23, No. 4 (2009), pp. 417–436 (via JSTOR)
  • Islamization in Sudan: A Critical Assessment, Carolyn Fluehr-Lobban, Middle East Journal, Vol. 44, No. 4 (Autumn, 1990), pp. 610–623 (via JSTOR)