DOCSLIB.ORG

The Universality of Hadd Punishment with Special Reference to Piracy and Hirabah Hendun Abd Rahman Shah and Suraiya Osman Facul

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Universality of Hadd Punishment with Special Reference to Piracy and Hirabah Hendun Abd Rahman Shah and Suraiya Osman Facul 1 The Universality of Hadd Punishment with Special Reference to Piracy and Hirabah Hendun Abd Rahman Shah and Suraiya Osman Faculty of Shariah & Law Islamic Science University of Malaysia (USIM) ([email protected] 019-2444432) ([email protected] 019-7304502) ABSTRACT Since time immemorial, piracy has become a major threat to the safety and security at sea. It has been conferred universal jurisdiction because it is considered as an enemy of humankind. Nevertheless, the punishment of this offence in international law varies from one county to another. For example in Malaysia the criminal would be punished under the Penal Code of Malaysia. On the other hand, in Islamic law the similar act of piracy or hirabah is punishable under the hadd punishment. This paper attempts to analyse the universality of the hadd punishment by making a comparison between the concept and punishments of piracy and hirabah. It is suggested that the hadd punishment for the offence of hirabah has universal character and is not changeable regardless of the place and time as compared to piracy in international law. I INTRODUCTION Piracy endangers sea lines of communication, interferes with freedom of navigation and the free flow of commerce, and undermines regional stability. It is an illegal act of violence or detention committed for private ends on the high seas or in any other place outside jurisdiction of any state.1 Because of its nature of crime, it has been regarded as an enemy against all mankind and has for hundreds of years been conferred universal jurisdiction. This doctrine allows any nation to try the offender even if the crime, the defendant and the 1 See Article 101 of the 1982 Convention on the Law of the Sea (UNCLOS III). 2 victims have no nexus with the state carrying out the prosecution. Nevertheless, there is lack of evidence of established State practice in international law with regard to universal jurisdiction. In most cases the practice of the matter would be dependent on the extent to which states are bound by the various sources of international law either customary or treaty law providing for universal jurisdiction.2 Despite been given a universal jurisdiction, in reality it is the prosecuting state that is empowered to exercise its jurisdiction and punish the pirates in accordance with its domestic law. The international law has only imposed a duty to cooperate in the repression of piracy,3 but has not prescribed any specific punishments to the offenders. In other words, the punishment is not universal. As a result, the punishment of this offence in international law varies from one county to another. On the other hand, hirabah under shari’ah law to some extend has similarities with the act of piracy under international law. Piracy may carry the punishment of hirabah if all the elements to establish such crime exist. Although, there is no consensus (ijma’) on the requirements to establish hirabah among scholars, the very basic of the punishment i.e hadd punishment imposed on the offender, remain unchanged throughout centuries. The paper attempts to highlight the universality of hadd punishment by analyzing the concept and punishment of piracy under international law, and hirabah under shari’ah law in order to give holistic view on the subject. It concludes with the finding that the divine revelation which specifies the punishment on muharib is definitely superior and applicable to all 2 Report of the Commission on the Use of the Principle of Universal Jurisdiction by Some Non-African States as Recommneded by the Conference of Ministers of Justice/ Attorney General. In the Executive Council 13th Ordinary Session, 24-28 June 2008, Egypt (EX.CL/411(XIII) P.7. 3 Article 100 of the UNCLOS III: ‘All States shall cooperate to the fullest possible extent in the repression of piracy on the high seas or in any other place outside the jurisdiction of any State.’ 3 places and times without denying the right of the ruler to use ta’zir punishment in some cases when proven otherwise. II THE CONCEPT OF PIRACY IN INTERNATIONAL LAW Piracy is considered as one of the oldest crimes in the world. The classical piracy known as piracy jure gentium has been given a phrase of ‘hostes humani generis’ which means enemy of all mankind which legal result would give any state a universal jurisdiction to punish the pirates. Cornelius Bynkershoek (1673-1743) a Dutch positivist jurist once said that ‘those who rob on land or sea without the authorization of any sovereign, we call pirates and brigands.’4 On the other hand, William Blackstone, a naturalist jurist (1723- 1780) said that ‘the offence of piracy, by common law, consists in committing those acts of robbery and depredation upon the high seas, which, if committed upon land, would amounted to felony there…’5 He had includes piracy as an offense that could properly be termed crime-like offences against the law of nations.6 The word piracy was first used by the English in connection with affairs in the Southeast Asia to include the politically organised seaborne Malayan soldiers. In fact, the act of the Sultan in controlling the Straits of Malacca against the colonial power was accused as an act of piracy.7 The confusion of opinion among the scholars and the states on the subject of piracy had led to the attempts to codify the international law of piracy which was commenced in 1924. Most jurisprudential thought seem to agree that the international law 4 AP Rubin The Law of Piracy (University of the Pacific, Honolulu 2006)108 5 AP Rubin The Law of Piracy (University of the Pacific, Honolulu 2006)109 6 For Blackstone, the ‘Law of Nations’ means national law of many states or the international law. 7 AP Rubin The Law of Piracy (University of the Pacific, Honolulu 2006)221 4 of piracy was a ‘valid set of rules established by universal reasons and immediately applicable to individuals but enforced only through the intermediacy of states, implying universal jurisdiction…’.8 On the hand, the Harvard Research in International law adopted the view that: …pirates are not criminals by the law of nations, since there is no international agency to capture them and no international tribunal to punish them and no provision in the laws of many states for punishing foreigners whose piratical offense was committed outside the state’s ordinary jurisdiction, it cannot truly be said that piracy is a crime or an offense by the law of nations.9 In the early stage, Harvard Researcher in view that, the absence of special international tribunal to prosecute pirates would make it unsuitable to be called as a crime by the law of nation. However, the current international law on piracy that develops through various phases have basically retain the key jurisprudential basis discuss above. Despite disagreement among the scholars on the original meaning of piracy and its essence, the world in twentieth century had finally accepted that piracy in international law is traditionally, enemy of humankind that would be subjected to the jurisdiction of any state. The discussion on the definition of piracy continues until the Convention on the Law of the Sea (UNCLOS III) was adopted in 1982 and came into force in 1994. Article 101 of the UNCLOS III defined piracy as consists of any of the following acts: (a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed: 8 AP Rubin The Law of Piracy (University of the Pacific, Honolulu 2006)310 9 AP Rubin The Law of Piracy (University of the Pacific, Honolulu 2006)310-311. 5 (i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft; (ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State; (b) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft; (c) any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b). Article 101 was adopted from the Article 15 of the 1958 Geneva Convention on the High Seas with slight changes. Generally, the crime of piracy must be one which has alliance with the acts committed at the high sea and must be beyond any state territorial jurisdictions. It has also been regarded as sui generis10 before the international law because it is to be committed on the high seas which will make the pirates outside the protection of their national state. This is an important element that distinguishes between piracy by international and municipal law. A similar conclusion was reached by O’Connell when he said that ‘it is the area of jurisdiction that establishes the different between international and municipal law.’11 Thus, the question of universal jurisdiction will not arise in case where piracy occurs in territorial waters of a sovereign state. Given the most accessible statistic of reported incidents of piracy and armed robbery produced by the International Maritime Bureau (IMB), one has to be aware of the 10 It is defined in the Oxford Dictionary as unique, or literally means ‘of its own kind.’ It is Sui Generis because it is unique and the law that prescribed for piracy is very special compare to other laws. See Keyuan Zou Law of the Sea in East Asia Issues and Prospects (Routledge, London 2005) 141. It is defined in the Oxford Dictionary as unique, or literally means ‘of its own kind.’ 11 DP O’Connell The International Law of the Sea (Vol.2 Clarendon Press Oxford 1984) 966.
Load more

Recommended publications
  • The Theory of Punishment in Islamic Law a Comparative
    THE THEORY OF PUNISHMENT IN ISLAMIC LAW A COMPARATIVE STUDY by MOHAMED 'ABDALLA SELIM EL-AWA Thesis submitted for the Degree of Doctor of Philosophy in the University of London, School of Oriental and African Studies, Department of Law March 1972 ProQuest Number: 11010612 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a com plete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. uest ProQuest 11010612 Published by ProQuest LLC(2018). Copyright of the Dissertation is held by the Author. All rights reserved. This work is protected against unauthorized copying under Title 17, United States C ode Microform Edition © ProQuest LLC. ProQuest LLC. 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106- 1346 2 , ABSTRACT This thesis deals with the theory of Punishment in Islamic law. It is divided into four ch pters. In the first chapter I deal with the fixed punishments or Mal hududrl; four punishments are discussed: the punishments for theft, armed robbery, adultery and slanderous allegations of unchastity. The other two punishments which are usually classified as "hudud11, i.e. the punishments for wine-drinking and apostasy are dealt with in the second chapter. The idea that they are not punishments of "hudud11 is fully ex- plained. Neither of these two punishments was fixed in definite terms in the Qurfan or the Sunna? therefore the traditional classification of both of then cannot be accepted.
    [Show full text]
  • Unlawful Incomes by Islamic Banks in Malaysia: an Analysis of Juristic Methods of Purification
    PROCEEDING OF INTERNATIONAL CONFERENCE ON EMPOWERING ISLAMIC CIVILIZATION, 7-8 OKTOBER 2017 Proceeding of International Conference of Empowering Islamic Civilization Editors: Rahimah Embong, Mohamad Zaidin Mat @ Mohamad, Hanif Md Lateh @ Junid, Fadzli Adam & Syed Hadzrullathfi Syed Omar © Research Institute for Islamic Product and Malay Civilization (INSPIRE) Universiti Sultan Zainal Abidin (UniSZA) ISBN 978-967-0899-70-1 (2017), http: //www.inspire.unisza.edu.my Unlawful Incomes by Islamic banks in Malaysia: An Analysis of Juristic Methods of Purification 1Saidatolakma Mohd Yunus, 2Zuraidah Kamaruddin, 3Sayed Sikandar al Haneef, 4Sumayyah Abdul Aziz & 4Rahimah Embong* 1Fundamental and Interdisciplinary Studies Department, Kuliyyah of Islamic Revealed Knowledge, International Islamic University Malaysia 2Fiqh and Usul al Fiqh Department, Kuliyyah of Islamic Revealed Knowledge 3Fakulti Pengajian Kontemporari Islam Universiti Sultan Zainal Abidin 4Institut Penyelidikan Produk dan Ketamadunan Islam Universiti Sultan Zainal Abidin *corresponding Author Abstract: Islamic banks as a matter of principle should not engage in any risky business activities in the process of which they can procure unlawful incomes. Nevertheless, bank as a corporate entity dealing with people of diverse cultures and International companies is bound not to be able to stay away from transactions which could avoid being tainted with unlawful and objectionable incomes. As to how Islamic banks in Malaysia should treat such an income, Islamic law contains some juristic guidelines on the basis of which, some operational rules could be deduced. Accordingly, this study is an attempt to articulate juristic mechanisms by which Islamic banks in Malaysia can weed out the unlawful incomes from their asset. Keywords: Unlawful income, Purification, Islamic banks, riba-based transaction INTRODUCTION The internal critics of Islamic banking contend that this entity in another gateway for a capitalist banking system as in practice, it receives unlawful incomes in the same way as conventional banks.
    [Show full text]
  • Punishment for Rape in Islamic Law
    Page 1 Malayan Law Journal Articles/2009/Volume 5/PUNISHMENT FOR RAPE IN ISLAMIC LAW [2009] 5 MLJ cxiv Malayan Law Journal Articles 2009 PUNISHMENT FOR RAPE IN ISLAMIC LAW Dr Azman Mohd Noor Assistant Professor Department of Fiqh and Usul al-Fiqh International Islamic University Malaysia In Islam, rape is considered to be a serious sexual crime. Since it consists of forcible sexual intercourse, most of the classical jurists called it zina bi al-ikrah, that is, forcible unlawful sexual intercourse. The ques- tionarises as to whether rape is part of zina or an isolated crime. This paper focuses on the notion of rape, including a definition of this crime, its punishments and a comparison between rape and zina in Islamic ju- risprudence. INTRODUCTION Many controversial issues have arisen recently pertaining to rape, ranging from the actual definition of rape, its classification, adjudication and punishment, and ending with the compensation that is to be paid to the rape victim(s). To a layman, rape has always been associated with zina in the sense that both crimes involve sexual intercourse; this perception is in fact not quite right. To make things more confusing, some modern Islamic Courts in the Muslim world today too, have posited rape to zina in which the victim could be liable for slanderous accusation (qadhf) if she fails to produce four male eyewitnesses to support her indictment. Modern as well as classical scholars of the past have thoroughly studied the issues, based on Islamic sources, and have arrived at the standard of proof required to convict a rapist.
    [Show full text]
  • The Concept of Crime and Punishment in Islam
    International Journal of Humanities and Social Science Research International Journal of Humanities and Social Science Research ISSN: 2455-2070 Impact Factor: RJIF 5.22 www.socialsciencejournal.in Volume 4; Issue 5; September 2018; Page No. 27-34 The concept of crime and punishment in Islam Dr. Meraj Ahmad Meraj Assistant Professor, Department of Arabic, Aliah University, Kolkata, West Bengal, India Abstract Islam proposes a society of righteousness and justice. Islam caters to people’s need for peace and serenity and therefore takes every legal measure to safeguard the society against disruptive elements. The notion of punishments in Islam is not the primary laws. They are only to the declaratory laws which are always enforced as a condition or sequence an as a vindication of the primary structure of Islamic society. Criminal behaviour is not tolerated in the Islamic order of society. Islam pursues its social objectives through reforming the individual in the first place. Shariah law has a role for individual rights, but those individual rights are exercised within a system that is primarily concerned with human relations. Islam does not disregard the relative responsibility of the criminal and the role of circumstances in commission of crimes. Islam stands out distinctly among the religions of the world in that its punishment and retribution laws are applied under exclusive rules and regulations. Islam ensures proportionality between crime and punishment. Islamic concept of punishment is perfectly justified as Islam not only takes every possible measure to prevent crimes but also inculcates commendable moral scruples in the criminals. The Islamic Criminal law has approved many crimes with providing deterrent, reformative, retaliate and other kinds of penalties in order to uphold peace in the society and reform the criminals.
    [Show full text]
  • The Status of Rebels in Islamic Law Sadia Tabassum Sadiatabassum Is Lecturer in the Department of Law,International Islamic University,Islamabad
    Volume 93 Number 881 March 2011 Combatants, not bandits: the status of rebels in Islamic law Sadia Tabassum SadiaTabassum is Lecturer in the Department of Law,International Islamic University,Islamabad. She received her LLM in International Law from the same University. Abstract The Islamic law on rebellion offers a comprehensive code for regulating the conduct of hostilities in non-international armed conflicts and thus it can be used as a model for improving the contemporary international legal regime. It not only provides an objective criterion for ascertaining existence of armed conflict but also recognizes the combatant status for rebels and the necessary corollaries of their de facto authority in the territory under their control. Thus it helps reduce the sufferings of civilians and ordinary citizens during rebellion and civil wars. At the same time, Islamic law asserts that the territory under the de facto control of the rebels is de jure part of the parent state. It therefore answers the worries of those who fear that the grant of combatant status to rebels might give legitimacy to their struggle. The contemporary world faces many armed conflicts, most of which are deemed ‘internal’ – or ‘non-international’. This article attempts to identify some of the important problems in the international legal regime regulating these conflicts and to find solutions to these problems by taking the Islamic law of rebellion as our point of reference. Islamic international law – or Siyar – has been proven to deal with the issue of rebellion, civil wars, and internal conflicts in quite some detail. Every manual of fiqh (Islamic law) has a chapter on Siyar that contains a section on rebellion (khuruj/baghy);1 some manuals of fiqh even have separate chapters on rebellion.2 The Qur’an, the primary source of Islamic law, provides fundamental doi:10.1017/S1816383111000117 121 S.
    [Show full text]
  • The Islamic Position on Capital Punishment: a Restorative Justice
    The Islamic Position on Capital Punishment: A Restorative Justice Model Which Aligns with International Law, and Inspires Reasoning for Prison Industrial Complex Abolition in the U.S. Najia Humayun Introduction ............................................................................................... 9 I. Textual Basis ....................................................................................... 12 A. Competing Interpretations of when Islam Permits Capital Punishment ............................................................... 14 II. A Restorative Justice Model .............................................................. 17 III. Contextualizing Qisas Within the General Concept of Justice in Islamic Law .................................................................................. 19 A. Three Levels of Justice Outlined in the Holy Quran ............ 20 IV. Comparison to International Standards ............................................. 21 V. Comparison to Death Penalty Abolition in the U.S. .......................... 23 A. The ICESCR Bolsters the Islamic Law Argument for PIC Abolition ........................................................................ 27 Conclusion .............................................................................................. 28 INTRODUCTION The Islamic teaching on capital punishment for murder, or qisas, DOI: https://doi.org/10.15779/Z38028PD80. J.D. 2022, University of California, Berkeley, School of Law. I thank Professor Rachel Stern and my inspiring classmates in the
    [Show full text]
  • Transitional Justice Under Shari'ah
    Transitional Justice under Shari’ah Fahimeh Manjili Following the Arab Spring, the governments of Egypt and Tunisia implemented various transitional justice mechanisms, such as truth commissions, reparation programs and prosecutions, which sought to redress the mass human rights violations committed during the uprising. Islam is the predominant religion in both nations, with over seventy million followers in Egypt and close to ten million in Tunisia.1 Despite a plethora of research and guidance on transitional justice and post conflict reconstruction, scholars have largely ignored the issue in the context of Shari’ah. Understanding that Islam plays a pivotal role in law and politics in the Middle East, this paper will establish an Islamic legal basis for transitional justice by discussing prosecution, reparations and reconciliation measures under Shari’ah. This paper will place greater emphasis on the above measures because, “[t]he Prophet (peace-be-upon-him) said: If a relative of anyone is killed, or if he suffers khabl, which means a wound, he may choose one of three things: he may retaliate, or forgive, or receive compensation. But if he wishes a fourth, hold his hands.”2 In doing so, this paper will address the following issues: (1) What might the goals and objectives of an Islamic transitional justice institution? (2) What are the similarities and differences between the goals and objectives of an Islamic transitional justice institution and classical approaches to transitional justice? (3) What are the means and mechanisms, prescribed by Islam, through which states can achieve these objectives? 1 Top 50 Muslim Countries, RELIGION FACTS, http://www.religionfacts.com/islam/places/top_50.htm.
    [Show full text]
  • Some Parts of Crimes & Their Punishments Produced By
    SOME PARTS OF CRIMES & THEIR PUNISHMENTS PRODUCED BY COUNCIL OF ULAMA AND PRESENTED TO THE BORNO STATE GOVERNMENT ON 1ST DAY OF JUNE, 2001. Contents: I. Introduction What is Sharia The Injunctions and Justice in the Divine Revelations Allah is the Law Giver Executive Functions Under the Sharia The Difference Between Sharia and Any Other Law The Aims of Sharia Justice as Respect to the People Al-Qadi (the Judge) and His Responsibilities Under Sharia II. Criminal Law (Al-Uqubat), Punishment (Al-Hudud) & Ta’zirat Al-Uqubat: Criminal Law Hudud and Ta’zirat Punishments For Crimes Can Be Divided into Four Broad Categories Prevention of Hadd Punishment in Cases of Doubt Hadd Punishments are Awarded in the Following Seven Cases Ta’azir: Its Meaning and Application Exceptions to Legal Responsibility Criminal Liability Discussion of Specific Crimes Zina (Adultery or Fornication) Liwat (Sodomy) Lesbianism (Al-Musahakah or Sihaq) Bestiality (Wad Ul-Bahimah) Sexual Intercourse With a Dead Person Sexual Intercourse With a Sleeping Person (Wad al-Naimah) Qadhf (False Accusation of Zina) Theft (Sariqah) Hirabah (Highway Robbery) Shurbul-Khamar (Drinking Alcoholic Drink) Receiving Stolen Property 1 BORNO STATE COUNCIL OF ULAMA: SOME PARTS OF CRIME AND THEIR PUNISHMENT I. INTRODUCTION WHAT IS SHARIA Sharia is an Arabic word meaning the path to be followed. Literally it means ‘the way to a watering place.’ It is the path not only leading to Allah, the Most High, but the believed by all Muslims to be the path shown by Allah, the Creator Himself through High Messenger, Prophet Mohammed (PBUH). In Islam, Allah alone is the sovereign and it is He who has the right to ordain a path for the guidance of mankind.
    [Show full text]
  • In Member States of the Organisation of Islamic Cooperation
    THE PROCESS OF ABOLISHING THE DEATH PENALTY IN MEMBER STATES OF THE ORGANISATION OF ISLAMIC COOPERATION THE PROCESS “No value can ever justify putting the value of human life into perspective so far as to eliminate it legally” – Abdou Diouf, former President of the Republic of Senegal, former General Secretary of the International Organisation of OF ABOLISHING La Francophonie. “Even though the death penalty has been applied throughout the world and throughout the ages, murders continue to occur. The death penalty has not THE DEATH PENALTY acted as a deterrent” – Liew Vui Keong, former Minister in the Prime Minister’s Department for Law of Malaysia. IN MEMBER STATES “Imposing the death penalty is of no benefit to justice” – Thomas Boni Yayi, former President of the Republic of Benin and former President of the African Union. OF THE ORGANISATION 149 States worldwide have now abolished the death penalty in law or in practice. The issue of the death penalty in the OIC member States clashes OF ISLAMIC with the belief that it would be impossible for an Islamic State to abolish this punishment. However, certain religious leaders agree that there is no consensus in schools of Quranic interpretation on the absolute necessity of enforcing COOPERATION the death penalty, and several Muslim-majority states have already abolished capital punishment in law. IN MEMBER STATES OF THE ORGANISATION ISLAMIC COOPERATION Of the 57 OIC member States, 19 have abolished the death penalty for all crimes or ordinary crimes, 14 have a moratorium on it and 24 are retentionist States. Most of the Islamic world has abolished the death penalty in law or in practice.
    [Show full text]
  • Annotated Bibliography – June 2012
    HPCR Thematic Working Group on Islamic Law and Protection of Civilians Annotated Bibliography – June 2012 In line with its mission to advance effective strategies for the protection of civilians during armed conflict, HPCR undertakes a variety of academic and research initiatives to identify the political, economic, and cultural factors that affect the conduct of hostilities and ultimately shape the development of humanitarian law and policy. As part of these initiatives, in 2009, HPCR established a Thematic Working Group on Islamic Law and Protection of Civilians. This Working Group was comprised of legal experts and practitioners working in the humanitarian sphere and associated fields. While not comprehensive, this document seeks to provide a summary of information and analyses concerning Islamic law and its relationship with international law and the regulation of armed conflict. No Source Summary* 1 The Amman Message, The The source is the outcome of a project initiated by King Abdullah of Saudi Arabia to create a Royal Aal al-Bayt Institute for consensus amongst the ummah (nation) of Islam on three issues: who is a Muslim, whether it Islamic Thought (2008). is permissible to declare someone an apostate, and the proper authority to declare a fatwa. Through collaboration between leading Islamic scholars and endorsement by over 500 Available at scholars, the declaration claims status as a legally binding consensus. 1 http://www.bahaistudies.net /asma/amman_message.pdf The Amman Message recognizes all eight schools of Islamic legal thought. Consequently, it determines that it is illegal to declare any Muslim or groups of Muslims apostates unless they deny belief in God, the five pillars of Islam, or a necessary tenet of the faith.
    [Show full text]
  • Shari'ah Criminal Law in Northern Nigeria
    SHARI’AH CRIMINAL LAW IN NORTHERN NIGERIA Implementation of Expanded Shari’ah Penal and Criminal Procedure Codes in Kano, Sokoto, and Zamfara States, 2017–2019 UNITED STATES COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM On the cover: A veiled Muslim woman sits before Islamic judge Nuhu Mohammed Dumi during a court trial over a matrimonial dispute at Unguwar Alkali Upper Sharia Court in Bauchi, Northern Nigeria, on January 27, 2014. AFP PHOTO / AMINU ABUBAKAR Photo: AMINU ABUBAKAR/AFP/Getty Images USCIRF | SHARI’AH CRIMINAL LAW IN NORTHERN NIGERIA UNITED STATES COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM SHARI’AH CRIMINAL LAW IN NORTHERN NIGERIA Implementation of Expanded Shari’ah Penal and Criminal Procedure Codes in Kano, Sokoto, and Zamfara States, 2017–2019 By Heather Bourbeau with Dr. Muhammad Sani Umar and Peter Bauman December 2019 www.uscirf.gov USCIRF | SHARI’AH CRIMINAL LAW IN NORTHERN NIGERIA Commissioners Tony Perkins Gary Bauer Chair Anurima Bhargava Gayle Manchin Tenzin Dorjee Vice Chair Andy Khawaja Nadine Maenza Vice Chair Johnnie Moore Executive Staff Erin D. Singshinsuk Executive Director Professional Staff Harrison Akins Patrick Greenwalt Dominic Nardi Policy Analyst Researcher Policy Analyst Ferdaouis Bagga Roy Haskins Jamie Staley Policy Analyst Director of Finance and Office Senior Congressional Relations Keely Bakken Management Specialist Policy Analyst Thomas Kraemer Zachary Udin Dwight Bashir Director of Operations and Project Specialist Director of Outreach and Policy Human Resources Scott Weiner Elizabeth K. Cassidy Kirsten Lavery Policy Analyst Director of Research and Policy International Legal Specialist Kurt Werthmuller Jason Morton Supervisory Policy Analyst Policy Analyst USCIRF | SHARI’AH CRIMINAL LAW IN NORTHERN NIGERIA TABLE OF CONTENTS Introduction by USCIRF ........................................................................................................................................
    [Show full text]
  • Hudud Punishments in Islamic Criminal Law
    European Scientific Journal May 2014 edition vol.10, No.14 ISSN: 1857 – 7881 (Print) e - ISSN 1857- 7431 HUDUD PUNISHMENTS IN ISLAMIC CRIMINAL LAW Dr. Etim E. Okon Senior Lecturer, Department of Religious and Cultural Studies, University of Calabar Abstract Islam is more than a religion, it encompasses faith, culture, law and the social order. Islam proposes a society of righteousness and justice. Criminal behaviour is not tolerated in the Islamic order of society. Criminal behaviour is breach of God’s sovereignty, hence stiffer penalties are prescribed. This paper examines hudud punishments in Islamic penal system, and agitates for the reformation of Islamic criminal jurisprudence. While it is reasonable to punish offenders, and violators of normative principles, it is the opinion of this paper that punishments that are prescribed in municipal penal code should at least conform to international criminal jurisprudence. Keywords: Hudud, Islam, Criminal Law, Punishment, International Criminal Law Introduction The primary objective of Islamic penal system is to protect society from the dangers of crime. Society must be protected from the activities of criminals and hoodlums. Social life must be peaceful and devoid of insecurity. The severity of Islamic penal system is aimed at discouraging criminal behavior. If the criminal knows the anguish and pains he will bring to himself, he/she may abstain from committing the crime. The convicted criminal who has passed through the judicial process once may not willingly dabble into any criminality after the painful experience. Herein lies the philosophy of deterrence in Islamic penal system. While it is not reasonable to pity criminals in the hands of the law, there is a powerful and logical argument that Islamic criminal system is due for reforms to fit into the thinking of the 21st century.
    [Show full text]