Islamic legal maxims for attainment of maqasid-al-shari‘ah in criminal law: reflections on the implications for Muslim women in the tension between Shari‘ah and western law

The legal procedural system of Islamic criminal law has been criticised, either constructively or destructively, over a period of time. Some of the most recent cases in the twenty- fi rst century are the cases of Safiyyatu of Sokoto State and Amina of Kastina State of Nigeria respectively, who were...

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Main Author:	Zakariyah, Luqman
Format:	Book Chapter
Language:	English English
Published:	Springer 2012
Subjects:	HQ The family. Marriage. Woman KBP Islamic Law
Online Access:	http://irep.iium.edu.my/33689/ http://irep.iium.edu.my/33689/ http://irep.iium.edu.my/33689/ http://irep.iium.edu.my/33689/1/Luqman.pdf http://irep.iium.edu.my/33689/4/Women_in_Muslim.pdf

id	iium-33689
recordtype	eprints
spelling	iium-336892014-07-02T00:59:48Z http://irep.iium.edu.my/33689/ Islamic legal maxims for attainment of maqasid-al-shari‘ah in criminal law: reflections on the implications for Muslim women in the tension between Shari‘ah and western law Zakariyah, Luqman HQ The family. Marriage. Woman KBP Islamic Law The legal procedural system of Islamic criminal law has been criticised, either constructively or destructively, over a period of time. Some of the most recent cases in the twenty- fi rst century are the cases of Safiyyatu of Sokoto State and Amina of Kastina State of Nigeria respectively, who were convicted on adultery and later acquitted due to technical legal faults. One of the reasons for criticism of the two cases is based on the lack of incorporating the objective of Islamic Law through “intertextualizing” the textual evidence, on one hand, and on the other failure to extrapolate all sources available for “dynamizing” the Shari‘ah legal system. This chapter will address how these legal maxims can be explored to ensure that the purposes of Islamic criminal law are comprehended and that justice is established in Islamic legal procedure. In doing so, the two cases cited above will be used as empirical case studies. Some of the issues raised in the chapter are: Was criminal intention of the accused women considered? In other words, is it certain that the accused women intentionally committed the crime? Is there any shubha for giving them bene fi t of the doubt as required by law? Is it possible for someone to report a case of adultery to the authorities? Why were the two cases reported? Does retraction of a confession abate punishment of the accused? These questions will be answered through some relevant basic legal maxims of Islamic law which depict “maqasid al-Shari‘ah”. Springer 2012 Book Chapter NonPeerReviewed application/pdf en http://irep.iium.edu.my/33689/1/Luqman.pdf application/pdf en http://irep.iium.edu.my/33689/4/Women_in_Muslim.pdf Zakariyah, Luqman (2012) Islamic legal maxims for attainment of maqasid-al-shari‘ah in criminal law: reflections on the implications for Muslim women in the tension between Shari‘ah and western law. In: Women in Islam: reflections on historical and contemporary research. Springer , Dordrecht Heidelberg, New York, London, pp. 117-134. ISBN 9789400742185 / 9789400742192 http://link.springer.com/chapter/10.1007%2F978-94-007-4219-2_9 10.1007/978-94-007-4219-2
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	HQ The family. Marriage. Woman KBP Islamic Law
spellingShingle	HQ The family. Marriage. Woman KBP Islamic Law Zakariyah, Luqman Islamic legal maxims for attainment of maqasid-al-shari‘ah in criminal law: reflections on the implications for Muslim women in the tension between Shari‘ah and western law
description	The legal procedural system of Islamic criminal law has been criticised, either constructively or destructively, over a period of time. Some of the most recent cases in the twenty- fi rst century are the cases of Safiyyatu of Sokoto State and Amina of Kastina State of Nigeria respectively, who were convicted on adultery and later acquitted due to technical legal faults. One of the reasons for criticism of the two cases is based on the lack of incorporating the objective of Islamic Law through “intertextualizing” the textual evidence, on one hand, and on the other failure to extrapolate all sources available for “dynamizing” the Shari‘ah legal system. This chapter will address how these legal maxims can be explored to ensure that the purposes of Islamic criminal law are comprehended and that justice is established in Islamic legal procedure. In doing so, the two cases cited above will be used as empirical case studies. Some of the issues raised in the chapter are: Was criminal intention of the accused women considered? In other words, is it certain that the accused women intentionally committed the crime? Is there any shubha for giving them bene fi t of the doubt as required by law? Is it possible for someone to report a case of adultery to the authorities? Why were the two cases reported? Does retraction of a confession abate punishment of the accused? These questions will be answered through some relevant basic legal maxims of Islamic law which depict “maqasid al-Shari‘ah”.
format	Book Chapter
author	Zakariyah, Luqman
author_facet	Zakariyah, Luqman
author_sort	Zakariyah, Luqman
title	Islamic legal maxims for attainment of maqasid-al-shari‘ah in criminal law: reflections on the implications for Muslim women in the tension between Shari‘ah and western law
title_short	Islamic legal maxims for attainment of maqasid-al-shari‘ah in criminal law: reflections on the implications for Muslim women in the tension between Shari‘ah and western law
title_full	Islamic legal maxims for attainment of maqasid-al-shari‘ah in criminal law: reflections on the implications for Muslim women in the tension between Shari‘ah and western law
title_fullStr	Islamic legal maxims for attainment of maqasid-al-shari‘ah in criminal law: reflections on the implications for Muslim women in the tension between Shari‘ah and western law
title_full_unstemmed	Islamic legal maxims for attainment of maqasid-al-shari‘ah in criminal law: reflections on the implications for Muslim women in the tension between Shari‘ah and western law
title_sort	islamic legal maxims for attainment of maqasid-al-shari‘ah in criminal law: reflections on the implications for muslim women in the tension between shari‘ah and western law
publisher	Springer
publishDate	2012
url	http://irep.iium.edu.my/33689/ http://irep.iium.edu.my/33689/ http://irep.iium.edu.my/33689/ http://irep.iium.edu.my/33689/1/Luqman.pdf http://irep.iium.edu.my/33689/4/Women_in_Muslim.pdf
first_indexed	2023-09-18T20:48:43Z
last_indexed	2023-09-18T20:48:43Z
_version_	1777409849415434240

Islamic legal maxims for attainment of maqasid-al-shari‘ah in criminal law: reflections on the implications for Muslim women in the tension between Shari‘ah and western law

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