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An Introduction to Islamic Criminal Justice

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An Introduction to Islamic Criminal Justice An Introduction to Islamic Criminal Justice A Teaching and Learning Manual Mamman Lawan University of Warwick, UK & Bayero University, Kano, Nigeria Dr. Ibrahim N. Sada Ahmadu Bello University, Zaria Nigeria Shaheen Sardar Ali University of Warwick, UK & University of Oslo, Norway Edited by Shaheen Mansoor ©2011 UKCLE Contents Introduction ......................................................................................................3 Aims and Objectives.............................................................................................................. 3 Teaching Methods................................................................................................................. 4 Course Outline ...................................................................................................................... 5 Assessment methods............................................................................................................ 6 Materials................................................................................................................................ 6 Chapter One ....................................................................................................7 Preliminaries and Sources of Islamic Law ............................................................................ 7 Seminars ............................................................................................................................. 13 Assessment: Essay Question ............................................................................................. 15 Reading ............................................................................................................................... 16 Chapter Two ..................................................................................................18 Crimes and Punishments .................................................................................................... 18 Seminars ............................................................................................................................. 34 Assessment: Essay Question ............................................................................................. 35 Readings ............................................................................................................................. 36 Chapter Three................................................................................................39 Evidential Law of Crime (Proof) .......................................................................................... 39 Seminars ............................................................................................................................. 43 Assessment: Essay Question ............................................................................................. 44 Readings ............................................................................................................................. 45 Chapter Four..................................................................................................47 Case Study One: Nigeria .................................................................................................... 47 Seminars ............................................................................................................................. 64 Assessment: Essay Question ............................................................................................. 64 Readings ............................................................................................................................. 65 Chapter Five ..................................................................................................67 Case Study Two: Pakistan .................................................................................................. 67 Seminars ............................................................................................................................. 84 Assessment Essay Question .............................................................................................. 84 Readings ............................................................................................................................. 85 Cases .................................................................................................................................. 86 Chapter Six ....................................................................................................88 Implications of Applying Islamic Criminal Law .................................................................... 88 Seminar ............................................................................................................................... 92 Assessment: Essay Question ............................................................................................. 92 Readings ............................................................................................................................. 93 Bibliography ...................................................................................................96 Translations......................................................................................................................... 96 Books .................................................................................................................................. 97 Chapters in Books............................................................................................................... 98 Journal Articles.................................................................................................................... 98 Other Sources ................................................................................................................... 102 Appendix A: Table of Offences ....................................................................103 2 | P a g e Introduction Aims and Objectives Over the years Islamic criminal law has attracted much media attention. 'In the West', writes Tariq Ramadan in Western Muslims and the Future of Islam, 'the idea of Shari’a calls up all the darkest images of Islam...It has reached the extent that many Muslim Intellectuals do not dare even to refer to the concept for fear of frightening people or arousing suspicion of all their work by the mere mention of the word'. This manual aims to equip the audience with the necessary tools to confidently challenge the misconceptions surrounding Islamic criminal law. This teaching and learning manual has been developed with the aim of supporting teachers and students who have both an interest in Islamic Criminal Justice and a general interest in Islamic law. The content of this manual is equally educational, irrespective of whether the reader is part of a Muslim or non-Muslim jurisdiction. The present teaching manual is a part of an ongoing programme intended to make material available for a range of Islamic law modules. Accordingly, it is highly recommended that this be utilised with the companion Sources of Islamic Law manual, which provides a useful background to the origins and sources of Islamic law. Equally useful material is the Glossary of Arabic Terms which facilitates non-Arabic speakers in their understanding of some of the basic concepts of Islamic legal tradition. Finally Approaches to Teaching and Learning Islamic Law is an invaluable guide that should be read with this manual. A course on the Islamic criminal justice system is important for a number of reasons. Firstly, similar to the conventional system, a crime is a public wrong and thereby brings laws relating thereto to the realm of the public. Islamic criminal law is therefore central to the entire Islamic legal system. Secondly, religio-political parties in a number of Muslim countries have increasingly been 3 | P a g e advocating for the application of the Islamic criminal justice system within their respective jurisdictions. Countries such as Saudi Arabia, Iran, Sudan, Pakistan and Nigeria have demonstrated the application of the law in varying degrees. Thirdly, the use of the law has had wider implications. This is particularly so when one considers the compatibility of this law with international human rights treaties, to which the Muslim countries are party. These are but a few reasons as to why the Islamic criminal justice system has became an important, and arguably, the most discussed branch of Islamic law. The central purpose of this module is to introduce students to the Islamic criminal justice system and initiates with preliminaries of Islamic criminal law. Students will be asked to consider the objectives of the law as well as criminal responsibility. The course reflects upon the Qur’an, Hadith, Ijma, Ijtihad and Qiyas as a means of providing an understanding of the Islamic legal tradition. Some crimes and the sentences imposed for the same have been criticised in the past and the module discusses specific crimes and the subsequent punishment imposed. The evidential law of crime and the interpretation of the same are examined through case studies involving Nigeria and Pakistan. Finally, the implications of the application of Islamic criminal law in the contemporary world are explored. Teaching Methods This manual is suggestive as to how a teacher may advance the course and has been tailored towards both the undergraduate and postgraduate level. The teaching and learning sessions are both indicative and flexible and allow for appropriate modification
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