- A course criminal offences and punishments in the sharia
- Learn the maqasid, the overall aims of the sharia, and how they are protected
- Learn the legal conditions and tools used to analyze criminal cases
- Learn the right context and the spirit behind penal rulings and their application
- Learn about modern misconceptions and misapplications of sharia punishments
About the Course
Shariah Law and Hudud: Understanding Its Objectives and Spirit shall cover the entire gamut of criminal offences—murder, theft, adultery, apostasy, defamation, drinking, etc—and their associated sharia punishments, hududs: beating, lashing, imprisonment, amputation, stoning, financial penalties, as well as qisas, retaliation, and ta’zir, punishment at the judge’s discretion.
Importantly, the course shall ground the application of these rulings in the overall maqasid of the sharia—protecting life, lineage, honor—and give students the contextual knowledge surrounding proper penal application: Who can enforce criminal punishments? What are the legal preconditions necessary for their application? What is the spirit of these rulings? When are they imposed? What annuls their imposition? What are modern misconceptions regarding the application of sharia penalties?
Being based on a classical work, the course shall also familiarise students with Imam Kasani’s Bada’i al-Sana’i fi Tartib al-Shara’i, which is widely regarded as being exceptional in its effectiveness and organisation.
The course shall be taught over 10 weeks, with live classes meeting once a week.
Definition of Injurious Crime
Injurious Crimes and sin
Injurious Crimes and public harm
General benefits and harms that Islam takes into consideration
The various categories of Injurious Crimes
Definition of Fixed Sharia Punishment (hadd)
Cases that call for hudud
Mitigating factors that prohibit hudud
Injury involving murder
The right to retaliation and its conditions
Defense of integrity and manslaughter
Defense of property and manslaughter
Defense of state and privacy and manslaughter
Medical treatment that ends in death
Instruments and means of retaliation
Forgiving the murderer
Oaths taking the place of evidence
Injury less than murder
Injury against a fetus
Hadd for fornication and adultery: conditions
Hadd for sodomy: conditions
Hadd for accusing someone of adultery
Hadd for drinking alcohol
Hadd for theft
Hadd for terrorism/highway robbery
Hadd for apostasy
The necessary role of a judge in establishing apostasy
The property of the apostate
Requesting the apostate to repent
Judicial processes in establising hudud
Where hudud are to be established
How hudud can be dropped after a binding judicial decision
Competing hadd punishments
The person upon whom the hadd is established
Judicial proofs for hudud
Personal knowledge of the judge himself
Opinion of experts
Sins that call for unspecified sharia punishment
Extent of an unspecified sharia punishment
Types of unspecified sharia punishments
Unspecified financial sharia punishments
Who may be flogged
How flogging is undertaken
The course shall cover the relevant chapters from Imam al-Kasani’s classic commentary on the Tuhfat al-Fuqaha—Bada’i al-Sana’i fi Tartib al-Shara’i.
Students are not required to have the text—all the material shall be presented in the slides.
No background is necessary, everyone is welcome!
In a day and age where there is much confusion and controversy surrounding Islam, and the implementation of the sharia—when acts of violence and terrorism are being justified in the name of the Sacred Law; when people hear conflicting opinions regarding the ‘correct interpretation’ of Islam from different sources; when the media is blasting this state of confusion into our homes and hearts—Muslims worldwide are in a state of shock and discomfort regarding their faith.
…How should we implement the sharia correctly? What does Islam prescribe for homosexuality? Why are only women stoned, never the men? What does our religion really say?
This is crucial knowledge for Muslims today
What is needed to safeguard our religion, and the strength of our own faith, is traditional knowledge—knowledge that has been lived and applied successfully, to protect and promote the human interests of life, lineage, and honor, over the course of centuries.
How did the classical scholars and judges, who built and represent our centuries-old tradition, rule and apply criminal punishment? How were these laws understood and applied in the Muslim empires of by-gone days, where Muslims and non-Muslims lived together under the fabric of one society? What can we learn about the spirit of the religion, from how our traditional scholars carefully codified and implemented the advice of our Prophet, peace and blessings be upon him?
This course is based upon just that—one of the classical works of commentary from the Hanafi school of jurisprudence. This shall give you a solid grounding in the correct way to interpret many of the contemporary crises and challenges facing our religion.