“CRIME” IN THE CLASSICAL ISLAMIC LEGAL TRADITION Nazım BÜYÜKBAŞ

Abstract

Author(s): “CRIME” IN THE CLASSICAL ISLAMIC LEGAL TRADITION Nazım BÜYÜKBAŞ

The concept of “the Crime” is the basis of criminal law. Everybody seems to know what crime in the Shariah means: is the acts that are punished by the law (by Allah). It has three elements as legality, material element and moral element. In the islamic criminal law,crimes are put into three categories. Categories crime according to clasiccal Islamic criminal law are the crimes of hadd, the crimes of kisas-diya and the crimes of tazeer. The classic Sharia identified the most serious crimes as those mentioned in the Koran and the sunna. In this study,we are going to evaluate the concept of crime, it’s elements and it’s categories in Islamic criminal law.

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