Misunderstanding of Islamic Criminal Law
There are just too many people who have been misunderstood of the Islamic Criminal Law. Most people thought that Hudud is the only part of the Islamic law whereas there are more than just that; qisas and taazir. Qisas is a reciprocal of a certain crime in which the punishment is based on what the offender has done. Meanwhile, taazir is an act drafted by the government for instance, traffic laws, moral offense and other offenses which are not defined under the hudud and qisas act. Most of the offenses constituted under the Penal Code and other Criminal Acts are under the jurisdiction of taazir.
Aside from that, Syariah Laws are not only for criminal acts however, it covers other systems as well such as finance and banking, law of evidence, hisbah (accountability), administration of justice, leadership, human relationship and beings and human between Allah swt. Thus, we have to look at in a focused manner in which the Syariah Laws are not only restricted to criminal offenses. In a parallel legal system that has been around before independence, there are not much of a contradiction between the Syariah and Civil system except for the smallest aspects.
Credit to:
Abu Muhammad El-Melizi, Al-Haq Centre, Malaysia.
Source:
http://al-haqcentre.blogspot.my/2017/01/salah-faham-undang-undang-jenayah-islam.html
Written by:
Amirul Mukminin, Al-Haq Centre, Malaysia
There are just too many people who have been misunderstood of the Islamic Criminal Law. Most people thought that Hudud is the only part of the Islamic law whereas there are more than just that; qisas and taazir. Qisas is a reciprocal of a certain crime in which the punishment is based on what the offender has done. Meanwhile, taazir is an act drafted by the government for instance, traffic laws, moral offense and other offenses which are not defined under the hudud and qisas act. Most of the offenses constituted under the Penal Code and other Criminal Acts are under the jurisdiction of taazir.
Aside from that, Syariah Laws are not only for criminal acts however, it covers other systems as well such as finance and banking, law of evidence, hisbah (accountability), administration of justice, leadership, human relationship and beings and human between Allah swt. Thus, we have to look at in a focused manner in which the Syariah Laws are not only restricted to criminal offenses. In a parallel legal system that has been around before independence, there are not much of a contradiction between the Syariah and Civil system except for the smallest aspects.
Credit to:
Abu Muhammad El-Melizi, Al-Haq Centre, Malaysia.
Source:
http://al-haqcentre.blogspot.my/2017/01/salah-faham-undang-undang-jenayah-islam.html
Written by:
Amirul Mukminin, Al-Haq Centre, Malaysia
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