1.what is shariah

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What is sharia..?
 Sharia ( ‫قانون‬‫إسالمي‬ ) is the moral code and
religious law of Islam.
The Shari’ah is all justice, kindness,
common good and wisdom.(Ibn Qayyim
al-Jawziya )
It is divine Law revealed in Quran and
exemplified in the life of Muhammad.
sharia is interpreted by Islamic judges
(Qadis)

Main Sources of Islamic Law/Sharia
There are 5 main sources of Islamic
Sharia as follow,
Qur’an (The Holy book )
Sunnah (Examples of Prophet)
Qiyas ( Analogical Reasoning )
Ijma (Consensus)
Ijtahd (Extrapolation)

Crimes in Islam
 “Crime is an unlawful act for which
punishment has been prescribed by the
Shariah by way of fixation or discretion.”
 Crimes under Islamic Law can be broken
down into three major categories
 Had Crimes (most serious).
 Tazir Crimes (least serious).
 Qisas Crimes (revenge crimes
restitution)

What is HAAD….?
 Hadd( ‫حد‬ )literal meaning "limit", or
"restriction”.
 Hudud usually refers to the class of punishments
that are fixed for certain crimes that are
considered to be "claims of God."
 Hudood is one of four categories of punishment in
Islamic Penal Law as Qisas ,Dia , Hadood and
Tazir.
 There is no plea-bargaining or reducing the
punishment for a Had crime.

Hadood contd..
In the category of Haad following crimes are
present
 Theft ( Sariqa , ‫السرقة‬ )
 Brigandage ( Hirabah , ‫الحرابة‬ )
 Illegal sexual intercourse ( Zina', ‫الزنا‬ )
 False accusation of ( Zina' Qadhf, ‫القذف‬ )
 Drinking alcohol (Shurb al-Khamr , ‫شرب‬‫الخمر‬ )
 Apostasy ( Irtidad or Ridda , ‫ارتداد‬‫أو‬‫ّه‬‫د‬‫ر‬ )includes
blasphemy

Theft
 Theft is defined as covertly taking the wealth of
another party from its secure location with the
intention of taking possession of it.
 Property stolen is of the value of Nisab or more,
the property is removed from Hirz i.e the
arrangements for the custody of property, etc.
 The Nisab for theft liable to Hadd is 4.457 grams of
gold or other property of equivalent value at the
time of theft.

Theft
 The punishment of Hadd for theft is amputation of
right hand from the joint of the wrist if the theft is
committed for the first time
 Al-Shaafa'i, Abu Haneefah, Maalik and the majority
(of scholars) said: "The hand should be cut off
from the wrist, where the hand meets the
forearm.“
 Al-Qurtubi said: "All the scholars said: The hand
should be cut off from the wrist, not as some of
the innovators do when they cut off the fingers and
leave the thumb."*

Theft
 At least two Muslims adult male witnesses who
fulfill the strict requirements of Tazkiaatusshaood
testifies against the accused
 Almighty God says in verse number 38 of Surah
Maidah, “As for the thief – male or female – cut off
the hands of both. This is a recompense for what
they have done, and an exemplary punishment
from Almighty Allah. Allah is All-Mighty, All-wise”.
 The Prophet said:
“The hand (of the thief) should be cut off for (the
theft of) a quarter of a Dinar or more.” [Al-
Bukhaari]

Theft
 What indicates that this ruling is definitive is the
fact that a Makhzoomi noblewoman (from the tribe
of Makhzoom) stole at the time of the Prophet and
Usaamah Ibn Zayd wanted to intercede for her.
The Prophet became angry and said:
“Do you intercede concerning one of the Hadd set
by Allaah? Those who came before you were
destroyed because if a rich man among them stole,
they would let him off, but if a lowly person stole,
they would carry out the punishment on him. By
Allaah, if Faatimah Bint (daughter of) Muhammad
were to steal, I would cut off her hand.” [Al-
Bukhaari]

Highway Robbery
 Hirābah ‫حرابة‬ is an Arabic word for “piracy”, or
“unlawful warfare”. Hirabah comes from
the root hariba, which means “to become angry
and enraged”. The noun harb ‫حرب‬ means “war”
and/or “enemy”. One who commits hirabah would
be a hirabi.
 “Al-hirabah ... refers to robbery with violence.
There are differences among the jurists as to
whether the offense can only relate to robbery on
the highway or whether armed holdups in urban
areas are also included

Contd..
 The penalty varies according to whether the robber
has killed or injured the victim or simply robbed or
threaten to rob him or her
 He prescribed penalties are death (if the robber
has killed but has not got away with the stolen
property); crucifixion (where the robber has killed
and got away with stolen property); cutting off the
hand and foot on opposite sides (robbery with
violence where the robber does not kill the victim);
(and) exile (where the robber frightens the victim
but does not kill or get away with the stolen
property).”

Fornication and Adultery
 Unlawful relationship between a man and a woman
 The punishment of Hadd for adultery is Rajam i.e.
stoning to death for those who are married and for
those who are un-married/bachelors the
punishment is 100 stripes
 This sentence was not introduced by Islam but
even before Islam, this sentence was present in
other divine books like Torah that was revealed to
the Moses
 confession of the accused or the testimony of four
witnesses who fulfill the strict requirements

Contd..
 Almighty God says in verse number 2 of Surah
Noor, “Those who fornicate whether female or
male – flog each one of them with 100 lashes. And
let not tenderness for them deters you from what
pertains to Allah’s religion, if you do truly believe
in Allah and the Day of Judgment and let a party of
believers witness their punishment”.

Drinking
 Drugs, Bear etc which ruin the mentally and
physically appearance are haram in Islam.
 The punishment of Hadd for drinking wine or
taking intoxicating liquor is whipping 80 stripes
 Accused confesses before the court commission of
the offence or two male witnesses who fulfill the
strict requirements of Tazkiaatusshaood testify
against the accused before the court of law

Hadiths For drinking
 1) Jabir reported that the Holy Prophet said,
"Whosoever drinks wine, whip him. If he repeats it
for the fourth time, kill him.". (Tirmidhi, Abu
Dawood)
 2) Ibn Umar reported that the Messenger of
Allah said, "Every intoxicant is khamr (wine) and
every intoxicant is haraam (unlawful). Whosoever
drinks wine in this world and dies whilst consumed
in it and does not repent will not drink it in the
next world. (Muslim)

 Almighty God says in verse 90 of Surah Maidah,
“Believers! Intoxicants, games of chance,
idolatrous sacrifices at altars and divining arrows
are all abominations, the handiwork of Satan. So
turn wholly away from it that you may attain to
true success”.
 Almighty God says , “O You who believe!
Intoxicants and gambling, (dedication of) stones
and (divination by) arrows are an abomination of
Satan’s handiwork. Avoid (such abominations) that
you may prosper
 Satan’s plan is to sow hatred and enmity amongst
you with intoxicants and gambling, and to hamper
you from the remembrance of Allah and from
prayer. Will you not give up? (5:91)

Apostasy
 Apostasy is defined as a Muslim making a
statement or performing an action that takes him
out of the fold of Islam
 Remedy for a problem that existed at the time of
the Prophet , This problem was that a group of
people would publicly enter into Islam together
then leave Islam together in order to cause doubt
and uncertainty in the hearts of the believers.
 “A group from the People of the Scripture said:
‘Believe in what is revealed to those who believe at
the beginning of the day, then disbelieve at the
end of the day, so perhaps they might return from
faith.” (Quran 3:72)
 the apostate is given time to repent

False Accusation
 Qazf (False Accusation ) means accusing any
person of adultery/zina with the intention of
harming the reputation of that person
 This is defined as accusing the chaste, innocent
person of fornication or adultery
 It also includes denying the lineage of a person
from his father
 The punishment of Hadd for Qazf or slander is
whipping 80 stripes
 Accused confesses before a court of law of the
commission of Qazf or the accused commits Qazf in
the court and at least two Muslim adult male
witnesses

Qasf Contd..
Almighty God says in verse number 4 of Surah Noor,
“Those who accuse honourable women (of unchastity)
but do not produce four witnesses, flog them with 80
lashes, and do not admit their testimony ever after.
They are indeed transgressors”

Tazir
 In Islamic Law, Tazir ( Arabic ‫تعزير‬ )is the penalty
or punishment given for committing sinful acts
which cannot be punished under the hadd or
kaffarah punishment.
 For which no punishment is specified in the
Qur'an.
 Burden of proof is less strict in a Ta'zir case, the
testimony of two witnesses or a confession is
enough.


Contd..
 Judge can vary the punishment according to a
number of conditions
 Hadd can be converted into Tazir where
standards of proof are not being fulfilled.
 Types of tazir offences
a. Ta’zir for Committing Sinful Acts
b. Ta’zir Because of Transgressing the Public
Interest
c. Ta’zir on Committing Minor Offences

Examples of Tazir
 Here are some examples
 Eating of prohibited food
 Breach of trust
 False testimony
 Insult & abuse
 Bribery
 Gambling
 Short measures & adulteration
 Homosexuality

Types of Tazir Punishment
 Types of Ta'zir Punishment for Ta’zir Offences
 Death
 Threat
 Boycott
 Public exposure
 Fine
 Termination/suspension of subsidy
 Deprivation of rights
 Seizure of property
 Abolition

Islamic Law – Conclusion
Following are some important conclusions about
Islamic Sharia,
 Islam recommends bodily punishment as a last
resort.
 For giving punishment witness requirement should
be meet.
 The criminal is treated in such a way that he would
example for others.
 Civilisation is rooted in justice , Islam provide us a
judicial system.

1.what is shariah

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