•  
  •  
 

Abstract

This paper consists of three parts: The first part deals with preservation of religion and human life. The second part deals with preservation of (ird) (sexual chastity). The third part deals with the preservation of the intellect and private property and wealth. The three topics are discussed in the context of (Islamic Law). The author explained how under the Islamic Law these Issues are safeguarded. With respect to the first topic, that of preserving human life and the integrity of the religion of Islamic, Islamic Law has taken the following measures : 1. It is strictly forbidden to take human life without reason accepted by Sharia. 2. If life is taken by mistake, then the payment of Diyyah (blood money) is obligatory. In the case of abortion Qurah (Blood money for Featus) is also obligatory. 3. Sucide totally prohibited To initiate or commence sucide is a crime, pu nishable by Islamic Law. 4. Fornication, even by mutual consent is considered a crime, punishable by death if the offenders are married, and by flogging if not married, Homosexuality is likewise acrime, punishable by death or flogging, as in the case of fornication". In the third topic, measures to safeguaed of private property and mental health are explained. these include : a - Stealing, which is pu nishable by the chapping of the right hand, under certain specified conditions. b - Like wise, an armed robbery is pu nishable by death, "called Hud ul Hara bah". In the end, the paper discusses fairly general topics, relating to the issue of pu blic security and stability. These include : a - The enactment of Zakat, and the constitution of fraternity among the faithful. b. The general penal philosophy in Islam is discussed. It is stated that the objective of criminal pu nishment is not to inflict pain or cause harm to the offender. It is to spread equity and justice and prevent crime. Here the principle of waiving the (Hudud). (Islamic pu nishment) or obolishi ng the punishment if there is considerable doubt as to the commital of the act. The judges are advised that it is better for them to make a mistake or error dispensing less punishment than to make error of dispensing a harsher one.

Download

Included in

Jurisprudence Commons

Share

COinS