Principles and Philosophy of Punishment in Islamic Law with Special Reference to Malaysia

Authors

  • Mohammad Hashim Kamali International Institute of Advanced Islamic Studies (IAIS) Malaysia

DOI:

https://doi.org/10.52282/icr.v10i1.69

Abstract

This article advances the theme that the conventional fiqhi articulations of the prescribed hudud punishments show inconsistency with the Qur’an and are, therefore, due for a corrective. Whereas the Qur’an makes repentance (tawbah) and reform (islah) integral to the hudud punishments, the fiqh expositions of these punishments have entirely ignored that aspect of the Qur’an. To carry out this corrective and rectify the hudud theory in the way it is suggested below partakes, we believe, in veritable ijtihad that Muslim jurists and jurisdictions are strongly advised to undertake and implement.

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Published

2019-06-15

How to Cite

Kamali, Mohammad Hashim. 2019. “Principles and Philosophy of Punishment in Islamic Law With Special Reference to Malaysia”. ICR Journal 10 (1):9-20. https://doi.org/10.52282/icr.v10i1.69.

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