Application of Islamic Legal Maxims to Qiṣāṣ and Diyat Crimes and Their Punishments

Authors

  • Fariha Fatima Lecturer, Department of Islamic Studies, Riphah International University, Islamabad.
  • Dr. Shahzadi Pakeeza Associate Professor / Chairperson, Department of Islamic Studies, Fatima Jinnah Women University, Rawalpindi.

Keywords:

Islamic legal maxims, qiṣāṣ and diyat crimes and punishments, taʿzīr.

Abstract

 

Application of Islamic legal maxims to the novel issues emerged in the area of the criminal law of Islam and to generate interpretation according to the demand of time and circumstances is quite logical provided that any Islamic legal maxim should not be in contradiction to the principles of Šharīʿah.[1] In this research work, the potential of Islamic legal maxims will be explored for the declaration of legal verdict and their role will be highlighted within the domain of qiṣāṣ and diyat crimes and their punishments.[2] It will be discussed that how these legal maxims are in compliance with the injunctions of the Holy Qur'ān and Sunnah related to the punishments under the category of qiṣāṣ and diyat. The application of Islamic legal maxims will also be justified for the implementation of taʿzīr punishments in the cases where actual qiṣāṣ and diyat penalties are not applicable.

 

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Published

2022-12-25

How to Cite

[1]
Fariha Fatima and Dr. Shahzadi Pakeeza 2022. Application of Islamic Legal Maxims to Qiṣāṣ and Diyat Crimes and Their Punishments. Peshawar Islamicus. 13, 02 (Dec. 2022), 50–67.

Issue

Vol. 13 No. 02 (2022): Vol. 13 No. 02 (2022): Peshawar Islamicus

Section

Articles

License

Copyright (c) 2022 Peshawar Islamicus

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