{"title":"اسلام کا فوجداری قانون اور اس کے مقاصد:ایک تحقیقی مطالعہ","authors":"Dr. Jawad Mahmood Khakwani, Dr. Muhammad Yaseen","doi":"10.54262/irjis.03.02.u04","DOIUrl":null,"url":null,"abstract":"Crimes according to their punishments as envisaged by Islamic law consist of three groups. Those are Ḥadd, Qiṣāṣ, Diyat and Taʿzīr. The Ḥadd, in principle being a right of ALLĀH, no compromise, settlement, forgive or waiver is possible. The homicide with deliberate intent entails Qiṣāṣ, but the heirs of the deceased who have a right to demand Qiṣāṣ may waive it. Punishments for crimes other than dealt with as Ḥadūd or Qiṣāṣ are included in Taʿzīr. One or more punishments are awarded as deemed proper and necessary by Qāḍī, looking to the nature of the crime and its circumstance. Islamic punishment, in its nature, is a deterrent as well as a formative. In this research paper, the criminal law of Islam and its objectives are brought under discussion. Furthermore, the supremacy of Islamic laws over western laws has also been discussed.","PeriodicalId":310030,"journal":{"name":"International Research Journal on Islamic Studies (IRJIS)","volume":"29 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Research Journal on Islamic Studies (IRJIS)","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.54262/irjis.03.02.u04","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
摘要
根据伊斯兰法所设想的惩罚,罪行分为三组。它们分别是Ḥadd, Qiṣāṣ, Diyat和Ta - z - r。Ḥadd原则上是ALLĀH的权利,不可能妥协、和解、原谅或放弃。故意杀人需要Qiṣāṣ,但死者的继承人有权要求Qiṣāṣ,可以放弃。对Ḥadūd或Qiṣāṣ以外的罪行的处罚也包括在《教规》中。根据犯罪的性质及其情况,Qāḍī会根据其认为适当和必要的情况给予一种或多种惩罚。伊斯兰教的惩罚,就其本质而言,既是一种威慑,也是一种形成。本文对伊斯兰教刑法及其目的进行了探讨。此外,还讨论了伊斯兰法律对西方法律的至高无上性。
اسلام کا فوجداری قانون اور اس کے مقاصد:ایک تحقیقی مطالعہ
Crimes according to their punishments as envisaged by Islamic law consist of three groups. Those are Ḥadd, Qiṣāṣ, Diyat and Taʿzīr. The Ḥadd, in principle being a right of ALLĀH, no compromise, settlement, forgive or waiver is possible. The homicide with deliberate intent entails Qiṣāṣ, but the heirs of the deceased who have a right to demand Qiṣāṣ may waive it. Punishments for crimes other than dealt with as Ḥadūd or Qiṣāṣ are included in Taʿzīr. One or more punishments are awarded as deemed proper and necessary by Qāḍī, looking to the nature of the crime and its circumstance. Islamic punishment, in its nature, is a deterrent as well as a formative. In this research paper, the criminal law of Islam and its objectives are brought under discussion. Furthermore, the supremacy of Islamic laws over western laws has also been discussed.