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Thursday, December 8, 2011

Islamic Criminal Law

Islamic Criminal Law
Definition of Crime
Do anything which is forbidden by God S.WT. or leave a thing commanded by Him.Philosophy of Criminal
Rules laid down by God S.WT. to be implemented in a country to ensure justice and community safety.
 
Islamic Criminal LawsCriminal laws of Islam is divided intoHukumHududHukumQisasLaw ta'zir
 
Hudud Law
Meaning of Hudud
And in terms of language means stop or prevent the hududAnd in terms of a penal term hudud defined as set by the authoritative texts of the Qur'an and Sunnah must be carried out as the right of Allah SWT Penalty rates may be altered either reduced or ditambah.Maksudnya;
"These are the limits that have been determined. Therefore, do not mencabulnya, and anyone who violates the laws of God, they are those who do wrong! "
 
The types of crimes and punishments of hududAdultery;
Unlawful sexual intercourse without lawful marriage between a man and woman.
Penalty: For unmarried adulterer is 100 lashes punishment. For the married adulterer must be stoned to death.Qazaf (accused of adultery);
Accusations of adultery without proof of good people.
Punishment: whipping 80 timesDrinking alcohol;
Drinking alcohol may diminish the sense of reason.
Punishment: whipping 40 timesStealing;
Taking the property of others silently or secretly.Penalty: amputationsRobbing
Taking other people's property by force, coercion, intimidation and threats.
Penalty: If the kill should be killed if only rob only to be struck off the hands and feet on opposite sides of the right hand and left foot and then the right foot and left hand for the offense of disrupting public order seterusnya.sekiranya only to be jailed
Riddah (apostate)Out a Muslim and Islam either by acts and words.
Punishment: Murder (reprieved after 3 days @ 3kali) All the hudud laws must be convicted without any reduction hudud @ transfer to another SPT prison sentence @ money.Law of Retaliation

Qisas meaning;And in terms of language means cutting qisas.And in terms of legislation means that the punishment prescribed by Islamic law through the authoritative texts of A1-Quran and Hadith, the Prophet saw. for offenses involving individual rights.Qisas crime type;
Mandatory offenses Qisas punishment is deliberately killing and injuring members of the body, such as hurting your eyes, nose and ears.Qisas punishment for;
According to a criminal law of Qisas must be followed with the same punishment as he did to the victim. If it is killed, he must be put to death.
Means;"And We prescribed for them in the Torah, that Life for life, eye for an eye, and nose for nose, ear for ear, tooth for tooth and wounds equal for (balanced ). But those who give the right reward and it is expiation for him "(Surah al-Maidah verse 45)
Blood moneyCompensation is a fine that is due for a criminal offense in lieu of Qisas.
 
Rates BLOOD-MONEY
Compensation rates are calculated on the number of camels which the most valuable property when itu.Kadar full compensation is 100 camels. However, the scholars' opinion can replace 100 camels with property of similar value at the time.Among them are;gold = 1000 dinarsof silver = -12.000 10.000 dirhams= 200 heads of cattlegoat = 2000ekorComplete dressing dressing = 200
 
Compensation murder.
                                                                      
1. Intentional murder - 100 camels directly (without grace) that consists DRP;
30 pieces Juz'ah (5-year-old camel)30 pieces Hiqqah (4-year-old camel)40 pieces Hulqah
For intentional murder, there are two sentences that qishas @ compensation. Compensation can only be implemented if agreed upon by the beneficiary. If not, qishas murder charged.2. Semi-intentional murder - 100 camels on the SPT, but payment may be delayed up to three years.3. Accidental killings - 100 camels and postponed until the third year consists DRP;
 
20 pieces Juz'ah (5-year-old camel)20 pieces Hiqqah (4-year-old camel)20 pieces Bintu Labun (3-year-old camel)20 Ibn Labun tail (camel aged 3 years)20 ekorBintuMukhad (2-year-old camel)
 
The penalty for killing half-intentional crime and murder is BLOOD-MONEY Accidental only. Qishas not apply.
Compensation woman half man DRP compensation

 
Compensation slave half DRP independent compensationAccidental murder is killing with intent.Half Accidental murder is eg a beating people with sticks @ throws with gravel, unexpectedly these people continue to die.(Without intent to kill)
Accidental murder was shot eg a friend who thought the game.For murder, the murderer can only be forgiven by his heirs only.The government has no power in forgiveness.
b. Members of the criminal injury compensation100 camels for a single member of the SPT cut off the tongue, insanity, paralysis throughout the body and loss of sex.
50 camels for members of couples, if both are involved in the diatnya 100 camels. It involves one of the DRP or limbs, eyes and ears.
camels for al-Ja'ifah wounds (wounds to the brain in Division)camels for Al-Ma'muumah wounds (wounds that reach the membrane of the head)
25 camels for members
 
the fourth part (pairs) eg eyelid. Each petal represents 25 camels.10 camels for Al-Hasyimah wounds (wounds that break @ broken bones)
15 camels for Al-Munqilah wounds (wounds that reach the bone and break it up to put aside from the place).10 camels for members is 10 parts eg fingers and toes left. Each finger represents 10 ekorunta if broken.
5 camels for Mudhihah @ Muwadhdhohah wounds (wounds that showed the bones)
 
Law ta'zir
Ta'zir meaning.

        
(A) in terms of language and meaning refuse or hinder ta'zir.
(B) The term in the sentence imposed on persons who make mistakes and sins, or those who neglect the duty which is not the word of keseksaannya in the Qur'an and the Hadith, or penalties imposed on persons who commit crimes set keseksaannya, but not sufficient condition for applying the torture.
The offenses included under kategoni ta'zir;Hudud offenses or Qisas is not enough evidence to impose hudud or qisas.Seclusion offenses, theft is not nisab and so on.
Acts that could disturb public order, such as gossip, cheating, gambling, corruption, trafficking and drug abuse.
3. The penalty for the offense ta'zir.Advice;
Advise the person who committed minor offenses for the first time that it will not repeat it in the near future.
Reprimand;Official reprimand by the judge to issue the speeches or do a specific action that the person committed the offense will try to improve himself.Threats;
Threatens the guilty so as not to repeat mistakes over for fear of retribution.Boycotts;
The penalty boycott imposed on the offender that it was narrow if it is continuous or repeated mistakes because of not able to practice muamalat with others in the community.
Public declaration;Make a declaration to the public terhadapkesalahan criminals.With criminals feel depressed and deep shame ..
Fines and confiscation of property;That sentence ta 'zir with monetary fines and confiscation of property belonging to oieh criminals.Prison;
Impose a sentence within a certain period at the discretion of the current reality.Whipping;
Corporal punishment to the criminals with a certain number of strokes by reaiitiMurder;
Capital punishment for the offense is allowed by Islamic law ta'zir to safeguard the general norms of society.Remove the area;
This punishment is that criminals are placed under stress, hardship and isolation experienced by people separated from family and friends.

 
Laws aim Hudud, Qisas and ta'zirto protect society from harm and preventing crime before it happens.
to improve the criminal and to correct abuses. This can be seen from the effects left by the sentences on criminals who give lessons, improve and prevent a person from committing a crime.
to purge the sins of the criminals and save him from punishment in the hereafter.
 
The role of Islamic criminal law to create peace and prosperity in the community
Islamic criminal law sentenced fairly and equitably. For example, people who murder punishable by death response. This causes the loss of his heir satisfied and vengeance.
Islamic criminal penalties neatly and firmly causes the criminals and the public fear and fear to repeat the crime. Finally, peace and prosperity of society ..Islamic criminal punishment contains elements of education to the criminal and the public. Sentence criminals to induce a person repents and regrets the crimes he committed. With this crime will be reduced in the community.
Islamic Approach In Tackling Crime
 
Usually in peace time people think punishment such as flogging, put to death is a less desirable practice in a civilized society.
Often we think that the perpetrators of crimes should be given counseling and therapy so that there is room for them to return to the beginning. But when a brutal tragedy such as obscenity, rape and murder occurred as becoming more common now, human nature changed to justify any action that was originally considered cruel.

 
In fact, if asked the family bosom to the victims would have only one answer will be that only the rapist is killed!.In the current situation propriety of imposing penalties on violent criminals are not directly support the truth of Islam in providing heavy penalties for criminal actors sharia.
 
While many are still not clear about Sharia law that prescribe the form of punishment such as flogging of adulterers, cutting off hands for theft and murder for killing a criminal, but if it were the conscience of the victim and the victim's family is certainly very appropriate punishment to the perpetrators of crimes. Rape can diketagorikan as adultery in which the perpetrators of crime of rape will be punished.
However, should bear in mind that before Islam talk about punishment, Islam is actually very stressed preventive measures before the incident occurred because the avoidance is better than sentencing.
Thus was born one method:? Al-wiqoyah Khairun ilaj MINAL which means prevention is better than treatment. This approach can dive through the Word of Allah, which means:And do not approach adultery. Indeed, adultery is an abomination and an evil waySurah Al-Isra: 32
Which means the above verse is to provide guidance in preventing the occurrence of adultery, by ensuring that all activities of approach or lead to adultery hendakalah avoided earlier.

 
Through examination of this verse scholars have outlined a method of fiqh al-Dzaraie Sad, which means closing the door that leads to injury. Thus Allah stressed? 'Do not approach adultery. If the behavior of the approximating to zinapun adultery is forbidden not to mention themselves.
Address the issue of adultery, rape and indecent should we try to appreciate what has been taught by God Almighty, as described above. Ideally we should not hastily melatah upon the occurrence of serious crimes, as happened to my daughter's and Sharlinie.

 
Unfortunately, when many of us blame the parents. While the environment, enforcement of laws and system of life today as if intentionally nourish evil and criminal behavior. Television programs, concerts, beauty pageants and presentations, free mixing and extreme in schools and institutions of higher learning as well as print media which seems to promote sexual excitement through half-naked pictures of artists and models at home and abroad.

 
Before performing artists are ethical. Like no long hair for male artist and can not dress scantily for women artists. But this is not directly observed and there is no enforcement.

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