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This is an apt publication for modern times, in which 'Sharia' has become a byword for an unacceptable social system, and is vilified as such; when crime is rife in communities governed by Sharia; and when in the non-Islamic West, the Islamic social and criminal justice systems are subject to intense public scrutiny and criticism, but remain little understood. The author presents a clear and factual account of the Islamic criminal justice system, expounding what he considers to be the real issues of Sharia, often ignored or misrepresented by both Islamic and Western scholars, and explaining its wider Islamic context and ethics, its Arabic roots, classical heritage and terminology, and its relevance to contemporary Muslim societies. Contents: concept of crime; features of Islamic criminal liability; defences to Islamic criminal liability; 'Hudud' crimes; 'Zina' - adultery or fornication; 'Qadhf' - slander or false accusation; 'Hadd' offence of 'al-sariqa' - theft; 'Hadd' offence of 'shurbul khamr' - wine drinking; 'Hiraba' - brigandage or highway armed robbery; 'Riddah' - apostasy; 'Baghye' - rebellion or treason; 'Qisas - retaliation; 'Ta'azir' punishment.
The dearth of materials in the English language in the somewhat complex subject matter of classical jurisprudence is addressed in this study. It highlights the uniqueness of Islamic jurisprudence as a developed system because of its exactitude in terms of meaning, province and scope. The book serves as an introductory text on the basic principles of Islamic jurisprudence for judges, lawyers, academicians, especially law lecturers, students of law specialising in Islamic law, and the general public. The contents cover: Introduction to Islamic jurisprudence; Shari'ah - Islamic law; Obligations and duties; Duties created by the Hukm (rule of law); Declaratory rule (Hukm Wad'I; Legal capacity (Ahliyyah); Haqq ; The sources of Islamic law; The primary sources; Holy Qur'an as the primary source; Ijma - consensus of opinion; The secondary sources; Istihsab - juristic equity or preference; Maslahah Mursalah or Istislah - considerations of public interest or extended analogy; Istishab - presumption of continuity; Urf - custom; Sadd al-Dhara'I; Ijtihad]; Bibliography; Index
Annotation. In 2000 and 2001, twelve northern states of the Federal Republic of Nigeria introduced Islamic criminal law as one of a number of measures aiming at "reintroducing the shari'a." Immediately after its adoption, defendants were sentenced to death by stoning or to amputation of the hand. Apart from a few well publicised trials, however, the number and nature of cases tried under Islamic criminal law are little known. Based on a sample of trials, the present thesis discusses the introduction of Islamic criminal law and the evolution of judicial practice within the regions historical, cultural, political and religious context. The introduction of Islamic criminal law was initiated by politicians and supported by Muslim reform groups, but its potential effects were soon mitigated on higher judicial levels and aspects of the law were contained by local administrators. This title can be previewed in Google Books - http://books.google.com/books?vid=ISBN9789056296551.
Dedication - Foreword - Preface- Abbreviations; Chapter 1: Concept of ownership [ Classification of ownership; The mode of acquiring ownership of property; The lawful ways of acquiring private ownership; Property and its classifications]; Chapter 2: Work [The best and dignified work; The classification of work; The physical and manual work; The office work (salaried employment);The intellectual work; The qualities of a good worker; Rights and protection of worker; Unemployment]; Chapter 3: Sale [ Types of sale; Conditions of valid sale; Conduct of the parties in a sale transaction; The lawful and unlawful sale transactions]; Chapter 4: Gift [Gift distinguished from other related concepts; Gi...
On the importance of judicial independence.
This book, first published in 2006, is an account of the theory and practice of Islamic criminal law.
Islamic Law Practice and Procedure in Nigerian Courts is about the rules of practice, procedure and evidence in trials of civil and criminal cases before Area Courts, Sharia Courts, Upper Area Courts, Upper Sharia Courts, Sharia Courts of Appeal, Court of Appeal and indeed Supreme Court of Nigeria in matters concerning application of Islamic law and practice. The subject of the book is copiously elucidated for the first time with verity of dictas from the reported cases from superior courts in Nigeria. It is of nineteen chapters with a number of parts and paragraphs to make for easy application. The book is designed to ensure quick dispensation of justice without sacrificing the need for fair hearing. A must for judges, advocates and students of Islamic law and practice.
This is the third edition of A Handbook for Public Prosecutors. It takes into account multiple changes in the Tanzania law since publication of the first and second editions in 1978 and 1982 respectively, and the new Criminal Procedure Act of 1985. A Handbook for Public Prosecutors is written primarily for Public Prosecutors. However, it is sufficiently comprehensive to be useful to those who are fresh on the Bench or the Bar, and to investigators of crime, as well as to those who are required to do examinations in Criminal Law, Criminal Procedure and the Law of Evidence in order to advance in their careers. While it is based on the Tanzania Penal Act, Criminal Procedure Act, the Evidence Act and other statutes, readers in other East African countries will have no difficulty in finding relevant and equivalent provisions of applicable legislation which are invariably identical to those in their countries. This book provides guidance to public prosecutors and others on basic principles of Criminal Law, Criminal Procedure, and the Law of Evidence and the art of prosecuting cases.
This book covers selective aspects of criminal procedure, evidence, substantive law and sentencing in Zimbabwe. The 13 sections cover: Functions and Responsibilities of Magistrates; Pre-trial Matters; Jurisdiction; Trial; Common Problems of Evidence; Criminal Law Code; Judgment Process; Sentencing; Magistrates' duties in regard to duties regarding undefended accused; Record of Proceedings; Appeals; Automatic Review and Scrutiny; Miscellaneous Matters. A list of cases is also included. The Legal Resources Foundation, Zimbabwe was established to meet an expressed need to improve the accessibility of legal and information services to all sections of the population. Programmes undertaken by the LRF are based on the understanding that human rights in Zimbabwe can be advanced by facilitating access to the legal system.
This book provides a timely revision of the definitive source for quick reference and up-to-date information on the primary health care of women. Containing contributions by leaders in obstetrics-gynecology, primary care and relevant subspecialties, the book presents the latest information from respected authorities. New case studies have been added at the end of each chapter to provide useful information for the busy clinician. New chapters include: Elderly Patients; Cardiovascular Hypertension; The Role of Applied and Genomic Molecular Biology; and Nutrition, Obesity, and Eating Disorders. This book is a must-have reference for the busy clinician