FIQ341 ISLAMIC PENAL & JUDICIARY LAW

Course Description:

This course covers two main subjects: The different rules of punishment in Islamic Penal System, whether the fixed ones (Hudoud) or discretionary (Ta’zeer), or otherwise the rules of legal retaliation (Qisaas), punishable crimes in Islam. And the main components of the judiciary system in Islam, this includes qualification to be a judge, conditions for a valid lawsuit, law of claim, evidence, and testimony.

Course Code: FIQ341

Credit hours: 3

Pre-Requisites: FIQ 101

Learning Objectives:

• Define and explain the Islamic Penal & Judiciary system.
• Explain the philosophy of Islamic Penal law and its relevance to our daily life.
• Articulate the punishable crimes in Islam, and why they are punishable.
• Describe the punishment of each crime.
• Illustrate the ethics and the etiquette Muslim judges should have.
• Explain judgment procedure.
• Develop basic knowledge and recognize some of the common misconceptions and
• Learn misrepresentations related to Islamic Penal & Judiciary law.

Course Outline:

1- Legal Retribution (Qisas)

• Murder and its Types
• Blood Money and its Rules
• Expiation of Murder

2- Prescribed Punishments (Hudood)

• Crimes Subject to Hudood
• Punishments of These Crimes

3- Apostasy and the Debate Regarding its Punishment

4- Discretionary Punishments (Ta’zeer)

•  Crimes Subject to Ta’zeer

5- Judiciary System

• Judge Ethics
• Testimony and its Rules
• Claim and Evidence and Their Rules
• Confession and its Rules