7. Penal law

Abstract

‘Penal law’ reviews Islamic penal law, the most controversial aspect of Islamic law that often prompts heated debate about its applicability in contemporary times. Classical Islamic law classifies crimes and their punishments into three main categories: hudūd, qisās, and ta’zīr. Substantively, the hudūd and qisās offences are specifically prescribed in the Qur’an and/or the Sunnah, while the ta’zīr offences are left to the discretion of the ruling authority or judges. There are a number of evidential requirements and standard of proving criminal offences under Islamic law. The classical Islamic penal rules are now codified into the current penal codes of a few Muslim-majority states, with necessary modifications.