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Islam in a Contemporary Context

Justice, law and punishment

  • 3 things to know
  • A2

Overview

Three categories of offence in Islamic law, qisas and state how the Qur'an qualifies it and debate about apostasy.

What you need to know

Answer each one before you reveal it.

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Key term

Name the three categories of offence in Islamic law.

Key term

Define qisas and state how the Qur'an qualifies it.

Key term

How demanding are the evidential requirements for the hudud?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What does the Qur'an say about standing for justice?

    Model answer

    Surah 4 commands the believers to be steadfast witnesses for justice even if it is against themselves, their parents or their kin, and Surah 5 warns that hatred of a people must never lead them into injustice.

  2. 2

    What purposes does punishment serve in Islamic thought?

    Model answer

    Punishment is understood to deter wrongdoing, to give the victim and society redress, to protect the essential interests the law exists to guard, and to expiate the offender's sin so that the matter is closed in this world.

  3. 3

    Name the three categories of offence in Islamic law.

    Model answer

    Islamic law distinguishes hudud, the offences with fixed penalties named in the sources, qisas, offences against the person that carry a right of retaliation, and ta'zir, the great majority of offences, for which the penalty is at the discretion of the judge or the state.

  4. 4

    Define qisas and state how the Qur'an qualifies it.

    Model answer

    Qisas is equal retaliation for homicide or injury, and the Qur'an immediately urges the victim's family to accept compensation or to forgive, saying that whoever forgives will be rewarded by God, so mercy is presented as the higher course.

  5. 5

    Define diyah.

    Model answer

    Diyah is the compensation paid to the family of a person killed or injured in place of retaliation, and its acceptance ends the family's right to demand qisas.

  6. 6

    How demanding are the evidential requirements for the hudud?

    Model answer

    The requirements are deliberately severe, most famously the requirement of four adult eyewitnesses to the act itself for a charge of unlawful intercourse, and a widely cited hadith instructs judges to avert the fixed penalties wherever there is doubt.

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