It is our strong belief that Allah Almighty created this universe and mankind to be obedient to Allah Almighty and His messenger. As the Islamic legal system provides us the solutions to every kind of social, ethical, and legal issue. Islamic criminal law is also part of the Islamic legal system to control the sins and evils of society. The Islamic criminal law which is also known as “Hadd”, described the punishments for wrongdoers and also provides the complete procedure of collection of evidence. Islam is a complete code of life as we believe it is a Muslim; the Islamic legal system should be established justice in society. Whereas Islam is a religion of justice, peace, and prosperity and it does not like any kind of evilness in society. Islamic criminal law provides the punishment system through Islamic law of evidence to remove the evils from the society, because it is a necessary part of the society to teach the followers.
According to Islam
“No one is born criminal”
According to Quran
“As he was shown both paths good and evil, so it would be his own skill to choose the right track”
What is Criminal Action?
Any type of commission or omission of any act which is prohibited by law and is liable for punishing at any level of the society and this action is called criminal action.
Structure of Crime:
There are the following three elements of the crime.
- Legal Elements.
There must be a text to forbid and punish crime.
- Material Elements.
The criminal act is either by commission or omission.
- Metaphysical Elements.
A criminal must be major, that is, liable for his crime.
Classification of Crime
Crime may be classified as follows.
All types of crimes that affect the general public. It has two kinds and each has a different law.
- Crimes with full punishment are seven in numbers
- * Zina *Slander * Drinking * Theft * Robbery * Apostasy * Treason.
Culpable homicide does not amount to murder,
Intentional injury and unintentional injury,
All those crimes are not classified in the first grade. There are three types of crimes.
- The crimes relating to original punishments are those which are neither hudud nor retaliation and nor blood money.
- The crimes relating to those hudud punishments are not prescribed, either they are incomplete or their hadd is averted,
- Crimes relating to the retaliation or blood money those punishments are not prescribed, such as, those crimes in which there is no retaliation or blood money.
Any criminal act either performed by a single person or by a group of persons was the intention is the same or mutual is called common intention for the illegal object. It is not compulsory to take physical part in commission or omission of the action which is prohibited by law and liable to punishment, all members of the group will stand equally punishable by law under the common intention for the commission or omission of the prohibited act by law. It’s enough that the intention is the same by all members to perform the planed act.
When Common Intention Occurs
- That the members are greater in number. If there is single-member then there is no common intention.
- That the act must be prohibited by law and punishable but the act is not prohibited and punishable by law there is no common intention.
When commission or omission of the act which is prohibited by law as punishable or unlawful by not taking physical part but be a part with some aid or any kind of help is called abetment. It simply means that where there is any unlawful act is done by a single person or group of persons indirectly, and not taking physically part but doing some help or providing any kind of aid through information, idea, etc. which is the cause of the criminal activity will be known as abetment.
The attempt is an intentional preparation of action that may fail in the object or not completely done yet. According to the Islamic criminal law, the attempt is not punishable within the limits of hadd but under the ta’zir it may be punishable as per the nature of the crime. There is no specific punishment for the offense of attempt under Islamic law of penal, but under the head of ta’zir, there is a punishment of attempt in heavy cases, for example;
“The punishment of the attempt for Zina is not to be as the punishment of complete Zina, same like the punishment for the attempt of theft is not like as the punishment of cutting of hand for proved theft”
So it’s necessary that a person should be punished according to nature his/her criminal act.
To conclude, we can say, that the Islamic legal system provides a balanced system of law to its followers to lead their life according to Islamic law. There is a complete package of punishments and reforms for the criminals and crimes like as mentioned. So the Islamic legal system provides a comprehensive mechanism to control society. Whereas every society based upon two parallel ways simultaneously i.e. good and evil, and where the evilness will be prominent the society will know as bad but if goodness is prominent it will be a good society. The society will be good if the justice system will be unbiased.