The penalty system which has been established Shari'ah (Islamic Law), is based on careful balance among various interests: the interests of individuals, interests of society and, interests of State. Sharia'h was the first legalsystem to identify, to criminalize and, to lay down criteria regarding negative crimes.
It considers that an abstention from performing an act is a crime if an abstention results in negative harmful consequences for individuals or society. Italso has recognized the concept of public liability whereby an individualcan be held responsible for acts committed by a third party.
This study examines the conditions, constituents, provisions of negative crimes and their application in Sharia'h.
Al Salahin, Abdel-Majid
"Negative Crimes in Islamic Jurisprudence: Their Concepts and Provisions,"
Journal Sharia and Law: Vol. 2008:
36, Article 3.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2008/iss36/3