Islamic Criminal Law in Republic of Nigeria

The story of Islamic criminal law in Nigeria is one of uneasy coexistence between the constitution and the state shariah penal codes, especially since 2000 when Zamfara introduced such a code and was followed by other Muslim states in the north. The anomalies are also reflective of the dual legal heritage (Islamic and colonial) of Nigeria. Challenges thus remain on how to harmonise the two systems and communities without infringing on the general interests of the nation and the country’s constitution.

Shariah Punishments in the Islamic Republic of Iran

Iran’s experience of Islamic criminal law is closely connected with Ayatollah Khomeini and the Islamic Revolution of 1979. A new constitution and a set of criminal and civil laws were introduced in the early 1980s and eventually culminated in introduction of the Islamic Penal Code 2013. This chapter provides an overview of that code and its provisions on Islamic punishments, the controversies it has generated, and how the legislative bodies and the government took measures to address them.

Shariah Punishments in the Islamic Republic of Pakistan

The ḥudūd narrative in Pakistan took a new lease of life under the late General Zia ul Haq’s famed Hudood Ordinances in 1979. The subsequent controversies that beset the legal system have yet to find satisfactory solutions. Constitutional issues, the Federal Shariat Court interventions, and subsequent legislation under Zia’s successors constitute the main themes of this chapter.

Shariah Penal Code in the Islamic Sultanate of Brunei Darussalam

In October 2013, the sultan of Brunei made a widely publicised announcement that he would introduce a shariah penal code in Brunei. The announcement became a worldwide media event. The sultan added that punishments could include amputation for theft, stoning for adultery, and flogging for violations ranging from abortion to consumption of alcohol. As time went by, the initial rigour of these announcements was toned down and a more gradual approach was subsequently put in place.

The Philosophy of Ḥudūd

The philosophy and underlying objectives of punishment, especially of ḥudūd, are mainly identified as deterrence, retribution, rehabilitation, and reform. It is generally recognised that the aims of punishment in all legal traditions, as also in shariah, are mainly temporal and manifold, with the aim to protect the general public by incapacitating offenders and ultimately to serve justice.

Islamic Criminal Justice

This chapter examines the characteristic features of the Islamic criminal justice system and shows how the Islamic system may differ from other systems. One of the distinctive features of the Islamic system is that it relies on scripture as the basis of juristic doctrines. These doctrines have been developed by scholars in tandem with the cultures and customs of their communities.

Introduction

The introductory chapter provides an overview of the book, the level of interest in the subject, and how shariah crimes and penalties feature in the larger discourse of Islamic revivalism/resurgence. Then it offers a bird’s-eye view of the major themes and outstanding issues in the book. It also discusses how the Muslim masses experience public sensitivity about scriptural issues. These factors present limitations for researchers generally, with a greater effect perhaps in some Muslim countries more than others.

Shariah Punishments in Libya, the United Arab Emirates, and Qatar

Libya introduced four laws between 1972 and 1974 that regulated ḥudūd crimes and other related offences. In 1994 another statute was introduced, which ordered the courts to follow the classical rules of retaliation and blood money in homicide cases. The United Arab Emirates (UAE) Constitution 1971 states that “Islam is the official religion of the Union, and that Islamic shariah is the main source of its legislation.” This last phrase is understood to mean that, in addition to shariah, other sources may also be utilised for purposes of legislation. The formula thus provides for a mixed legal system. Qatar Penal Code 2004 incorporates the shariah ḥudūd punishments for various offenses. Article 1 of this law states that the provisions of Islamic law concerning qiṣāṣ and taʿzīr offences also apply if the defendant or victim is a Muslim.

Problematics of the Hudud Bills

This chapter focuses on problems that the two Hudud bills of Kelantan and Terengganu pose: constitutional issues, position of non-Muslim residents of those states, PAS Islamic party splits and a splinter party (Amanah) emerges, suggestions for amendments are voiced by the politicians, yet debates over issues continued and unresolved issues still remain.

Doubt (Shubha) and Its Impact on Punishment

The main question addressed in this chapter concerns the impact of doubt (shubha) on the enforcement of punishments, including ḥudūd. Also addressed is whether the prevailing conditions of modern society amount to juridical doubt, which would suspend ḥudūd according to the directive of a renowned hadith: “suspend the ḥudūd in all cases of doubt.” Accuracy in the ascertainment of doubt has come under scrutiny in the writings of Muslim jurists is also explored here.