이슬람 형법상의 범죄와 형벌

Abstract

The subject of this article, the Islamic Criminal Law, refers to the criminal law based on Shariah, the religious teachings of Islam, without imitating the Western criminal law. The number of countries under the Islamic Criminal Law is relatively small among 57 Islamic countries. With regard to the Islamic criminal law, though some anecdotes that stimulate our curiosity are known mainly through the media, there is still a lack of full-scale introduction and research about it. The purpose of this article is to get rid of possible misunderstanding and broaden the understanding of the Islamic Criminal Law through systematic introduction of the Islamic criminal law. In Chapter 1 and 2, I reviewed the current status of the Islamic Criminal Law and examined the sources of the Islamic Criminal Law such as Quran, Sunnah, Ijmaʻ(consensus) and Qiyas(analogy). In Chapter 3, I pointed out some features of the Islamic criminal law; (1) There is no distinction between general part and special part, 2) Procedural law is integrated with substantive law, (3) Crimes are clearly divided into three categories according to punishments imposed on them, (4) The Contradiction between the apparent harshness of the law and the generosity of application in reality. In Chapters 4 through 6, I described the acts, punishments and procedures concerning the three categories of crime in the Islamic Penal Law, namely (1) Hadd, which imposes a fixed punishment for each crimes prescribed in the sacred law, (2) Qisas, which imposes retaliation or blood money(Diyah) for murder or injury, (3) Taʻzir, which imposes discretionary punishment for correction of all other crimes.