Punishments in Islam with Regard to Public and Private Laws

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Punishments in Islam with Regard to Public and Private Laws

Journal Title: Ankara Üniversitesi İlahiyat Fakültesi Dergisi - Year 2017, Vol 58, Issue 1

Abstract

This article offers an assessment of punishments in Islamic penal law with regard to public and private laws. The phenomenon of punishment that was originally conceived to be a relation between the offender and the victim has evolved over time to be an issue involving the state, which eventually led to the differentiation between the public law and the private law in the history of law. Here I make brief presentation of the historical development resulting in the acceptance of punishment as a right of the state in the name of the public and then compare this conception of punishment with the Islamic punishment theory. Due to the conception that all crimes are actually committed against the public order, the state too must have the right to inflict punishment along with the victim. The influence of Islamic penal law regarding this division is observable in the discourse of “God’s rights” (ḥuqūqullāh) and “personal rights” (ḥuqūq’ul- ibād). I dinally analyze the crimes against life and physical integrity in terms of the hudud and ta zīr punishments, reconciliation, the right/authority of determining the punishment.

Authors and Affiliations

Suat ERDOĞAN

Keywords

Islamic penal law. public and private law. punishment. ḥudūd. retaliation (qiṣāṣ).

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EP ID EP602525
DOI 10.1501/Ilhfak_0000001465
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