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Crime and Punishment in Islamic Law - A Fresh Interpretation (Hardcover)
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Crime and Punishment in Islamic Law - A Fresh Interpretation (Hardcover)
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In Crime and Punishment in Islamic Law: A Fresh Interpretation,
Mohammad Kamali considers problems associated with and proposals
for reform of the hudud punishments prescribed by Islamic criminal
law, and other topics related to crime and punishment in Shariah.
He examines what the Qur'an and hadith say about hudud punishments,
as well as just retaliation (qisas), and discretionary punishments
(ta'zir), and looks at modern-day applications of Islamic criminal
law in 15 Muslim countries. Particular attention is given to
developments in Malaysia, a multi-religious society, federal state,
and self-described democracy, where a lively debate about hudud has
been on-going for the last three decades. Malaysia presents a
particularly interesting case study of how a reasonably successful
country with a market economy, high levels of exposure to the
outside world, and a credible claim to inclusivity, deals with
Islamic and Shariah-related issues. Kamali concludes that there is
a significant gap between the theory and practice of hudud in the
scriptural sources of Shariah and the scholastic articulations of
jurisprudence of the various schools of Islamic law, arguing that
literalism has led to such rigidity as to make Islamic criminal law
effectively a dead letter. His goal is to provide a fresh reading
of the sources of Shariah and demonstrate how the Qur'an and Sunnah
can show the way forward to needed reforms of Islamic criminal law.
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