The general rulings of crime in Islamic jurisprudence the general section of Dr. Osama Al-Sayed Al-Laban

The General Provisions of Crime in Islamic Jurisprudence, General Section Author: Dr. Osama Al-Sayed Al-Lubn First Edition: 1447 AH — 2026 AD Table of Contents Subject | Page Introduction | Preliminary Chapter | Section One: Definition of both Positive Law and Islamic Sharia | First Requirement: The nature of positive law and its origin | Second Requirement: The meaning of Sharia and legislation | Section Two: The difference between Islamic Sharia and positive laws | Section Three: The universality of Islamic Sharia without other divine laws | Section Four: The concept of Islamic jurisprudence and its difference from Islamic Sharia | The difference between jurisprudence and Sharia in their general terminological meanings | Types of rulings contained in Islamic jurisprudence | Section Five: Definition of Islamic criminal legislation and its distinction from Islamic criminal jurisprudence | Branches of Islamic criminal legislation | First Part: Fundamentals of Islamic criminal jurisprudence | Chapter One: Definition of crime and its classifications in Islamic jurisprudence | First Section: Definition of crime and its cause | First Subsection: Definition of crime | Second Subsection: The cause of criminalization in Islamic jurisprudence | Chapter Two: Classifications of crimes in Islamic jurisprudence | First Subsection: Classification based on the severity of the crime — "Hudood crimes, Qisas and Diyat crimes, Tazir crimes" | Second Subsection: Classification based on the interests affected by the crime — "Crimes against necessities, crimes against needs, crimes against enhancements" | Third Subsection: Classification based on the right — "The victim's right" | Fourth Subsection: Classification based on the attempt — "Complete and incomplete crimes" | Fifth Subsection: Classification based on the method of commission — "Positive and negative crimes" | Sixth Subsection: Classification based on the intent of the offender — "Intended crimes and unintentional crimes" | Seventh Subsection: Classification based on the nature of the crime — "Crimes against the community and crimes against individuals" | Eighth Subsection: Political crimes and ordinary crimes | Ninth Subsection: Oppression (Bugh) | Tenth Subsection: Classification of crimes according to how they are committed — "Simple crimes and habitual crimes" | Chapter Two: Criminal Legislation in Islamic Jurisprudence | First Section: Hudood (limits) | Second Section: Qisas (retribution) | Third Section: Tazir (discretionary punishment) | First Subsection: Definition of Tazir and its distinction from Hudood and Qisas | Second Subsection: Legitimacy of Tazir | Third Subsection: Ruling on Tazir | Fourth Subsection: Rules of Tazir | Fifth Subsection: Crimes of Tazir | Chapter Three: Sources of Islamic Criminal Legislation in Islamic Jurisprudence | First Section: Sources of Islamic criminal legislation | First Subsection: The Holy Quran | Second Subsection: The Prophetic Sunnah | Third Subsection: Consensus (Ijma) | Fourth Subsection: Analogy (Qiyas) | First Requirement: Definition of Qiyas, its evidentiary basis, and its pillars | Second Requirement: The role of Qiyas in criminalization and punishment | Fifth Subsection: Istihsan (juridical preference) | Sixth Subsection: Maslahah Mursalah (public interest) | Seventh Subsection: Blocking the means (Sadd al-Dhari'a) and opening them | Eighth Subsection: Custom (Uruf) | Ninth Subsection: Presumption of continuity (Istishab) | Tenth Subsection: Legislation of previous nations | Eleventh Subsection: Saying of the Companion | Chapter Two: Interpretation of texts | First Subsection: The first rule — linguistic interpretation of words | First Requirement: Clear meanings of words | Second Requirement: Unclear meanings of words | Second Rule: The second rule — indications of texts | Third Rule: The third rule — in the concept of contradiction | Fourth Rule: The fourth rule — in generality and its indication | Fifth Rule: The fifth rule — in specificity and its indication | Chapter Four: Authority to implement Islamic criminal legislation in Islamic jurisprudence | First Section: Scope of application of criminal law in Islamic jurisprudence in terms of time | The criterion for determining the authority of the legal text regarding time | Exceptions to the rule of non-retroactivity of criminal texts | First: In the crime of highway robbery (Hirabah) | Second: In the crime of defamation (Qazf) | Third: In the case of Lian (mutual cursing) | In Zihar (a form of pre-Islamic divorce) | Second Section: Scope of application of criminal law in Islamic jurisprudence in terms of place | First Subsection: Dividing the world according to Islamic criminal jurisprudence | First Requirement: Dar al-Islam (House of Islam) | Second Requirement: Dar al-Harb (House of War) | Third Requirement: Dar al-'Ahd (House of Pledge) | Second Subsection: Extent of applying Islamic law inside and outside Dar al-Islam | First Requirement: Applying Islamic law within Dar al-Islam | Second Requirement: Applying Islamic law within Dar al-Harb | Third Subsection: Extradition and deportation of criminals | First Requirement: Extradition of criminals to an Islamic state | Second Requirement: Extradition of criminals to a non-Islamic state | Third Section: Scope of application of criminal law in Islamic jurisprudence concerning persons | First Subsection: Obligation to apply criminal law to everyone without discrimination in Islamic jurisprudence | Second Subsection: Issues debated regarding its application to everyone without discrimination in Islamic jurisprudence | First Requirement: Applicability of texts to the head of state | Second Requirement: Applicability of texts to Muslims and Dhimmis (protected non-Muslims) | Branch One: Equality in Qisas (retribution) — "killing a Muslim by a Dhimmi" | Branch Two: Equality in Hudood — "cutting a Muslim by the Dhimmi's property" | Branch Three: Equality in Hudood — "accusing a Muslim by a Dhimmi" | Branch Four: Equality in Hudood — "adultery of the married (muhsan)" | Second Part: Material aspects of Islamic criminal legislation (crimes' material elements) | First Section: The material element of the crime in Islamic jurisprudence | First Subsection: Criminal conduct | First Requirement: Positive act | Second Requirement: Abstention | Second Section: Attempt in Islamic jurisprudence | First Section: Definition of attempt and stages of the crime | First Subsection: The nature of attempt | Second Subsection: Stages of the crime | First: The intention to commit the crime, thinking about it, and planning | Second: Preparatory acts for the crime | Third: Beginning execution | Second Section: Pillars of attempt | First Subsection: The physical pillar of attempt — "beginning execution" | Second Subsection: The moral pillar of attempt — "criminal intent" | Third: Non-completion of the crime | First Requirement: The suspended and failed crime | Second Requirement: The impossible crime | Third Requirement: Withdrawal from the crime | Third Section: Punishment for attempt | Third Part: Criminal participation in Islamic jurisprudence | First Section: Basic principles of criminal participation | First Subsection: Juridical terms for participation in crime — among Islamic jurists | Second Subsection: Elements of participation in Islamic jurisprudence | Third Subsection: Distinguishing between direct and causative (indirect) participation | Second Section: Original participation (direct involvement) | First Subsection: The direct perpetrator — "the primary offender" — "the case of the direct or primary offender committing the crime alone" | Second Subsection: Participation in the crime — "the case of the direct or primary offender with others" | First: Multiple offenders | Second: The offender's involvement in the crime | Expanded view on defining direct participation: Imam Abu Hanifa's theory — "Narrowing the scope of direct participation to those who commit part of the physical element of the crime" | Imam Malik's theory — "Considering every participant present at the scene during the crime as a direct accomplice" | Third Subsection: The theory of the direct "agent" — the moral perpetrator of the crime — in Islamic jurisprudence | Fourth Subsection: Punishment for the direct perpetrator and the partner in direct commission | First Requirement: Punishment for the direct perpetrator | First: Punishment in Qisas | Second: Punishment in Hudood | Third: Punishment in Tazir | Second Requirement: The effect of circumstances on the punishment of the direct perpetrator | Third Section: Secondary participation (indirect involvement — causative participation) | First Subsection: Pillars of causative participation | First Requirement: The legal pillar of causative participation | Second Requirement: The material pillar of causative participation | First Branch: Incitement | Second Branch: Conspiracy or agreement | Third Branch: Assistance or aid | Third Requirement: The moral pillar of causative participation | Second Subsection: Punishment for causative participation | Fourth Part: Causes of permissibility in Islamic jurisprudence | First Section: General rules of causes of permissibility | Second Section: Use of rights | First Subsection: General rules for using rights | Second Subsection: Applications of rights usage | First Requirement: Disciplining | First Branch: Disciplining the wife | Second Branch: Disciplining minors | Second Requirement: Medical treatment | Third Requirement: Practicing equestrian sports and other athletic games | Fourth Section: Performing duties | First Subsection: The public servant | Second Subsection: Legitimate act | Third Subsection: Illegitimate act | Fourth Section: Consent of the right-holder | First Subsection: Effect of the victim's consent in murder crimes | Second Subsection: Effect of the victim's consent in injury crimes | Third Subsection: Criminalization of suicide and dueling by Sharia | First: Criminalization of suicide | Second: Criminalization of dueling | Fourth Subsection: Impact of consent on the pillars and conditions of some crimes | First: Impact of consent on pillars of some crimes (such as theft and kidnapping) | Second: Conditions of consent | Fifth Section: Violating the sanctity of certain persons | Sixth Section: Resisting the aggressor (Legitimate self-defense) | First Subsection: Definition of resisting the aggressor, its legal ruling, and distinguishing it from similar acts and its legal classification | First Requirement: Definition of resisting the aggressor and its legal ruling | First: Definition of resisting the aggressor | Second: Ruling on resisting the aggressor in Islamic law | Second Requirement: Differentiating it from similar acts | First: Distinguishing between lawful self-defense and necessity | Second: Distinguishing between lawful self-defense and coercion | Third Requirement: Legal classification of resisting the aggressor | Second Subsection: Conditions for the aggressor | Third Subsection: Conditions for the act of resistance | First Requirement: The nature of the act of resistance | Second Requirement: Necessity of the act of resistance | Third Requirement: Proportionality of the act of resistance | Fourth Subsection: Proof of resisting the aggressor | Fifth Subsection: Impact of resisting the aggressor and exceeding limits | First: Effect of resisting the aggressor | Second: Exceeding the limits of resisting the aggressor | Seventh Section: Legitimate self-defense in general — enjoining good and forbidding evil | First Subsection: Definition of legitimate self-defense — enjoining good and forbidding evil and its legal evidence | Second Subsection: Legal classification of enjoining good and forbidding evil | Third Subsection: Conditions for enjoining good and forbidding evil | First Requirement: Conditions for forbidding evil | Second Requirement: Conditions for the evil to be forbidden | Fourth Subsection: Methods and means of resisting evil and enjoining good | Fifth Subsection: Restrictions on enjoining good and forbidding evil and their ruling | Third Section: Moral meanings of Islamic criminal legislation (meanings of crime) | First Chapter: The moral pillar in Islamic jurisprudence | First Section: The basis of criminal responsibility | First Subsection: Definition of criminal responsibility, its cause, and conditions | Second Subsection: Who is criminally responsible | First Requirement: Who is criminally responsible | Second Requirement: Criminal responsibility of legal persons — in Islamic jurisprudence | Third Subsection: The basis of criminal responsibility | First Requirement: The doctrine of free will — "Mu'tazila or Qadarite doctrine" | Second Requirement: The doctrine of compulsion — "Jabr" | Third Requirement: The middle doctrine — "Ash'ari" — between free will and compulsion | Fourth Requirement: Our view on the matter is free will | Second Section: Intentional crime (criminal intent) | First Subsection: The nature of criminal intent | Second Subsection: Elements of criminal intent | First Requirement: Will (desire) | Second Requirement: Knowledge | Third: Time of the realization of criminal intent | Fourth: Types of criminal intent | First: General intent and specific intent | Second: Determined intent and undetermined intent | Third: Simple intent and premeditated | Fourth: Direct intent and indirect or probabilistic intent | Second Subsection: What exceeds intentionality — crimes beyond the offender's intent | Third Subsection: Causes of ignorance of legal rulings — "the effect of ignorance of Sharia rulings" | Third Section: Unintentional error | First Subsection: The nature of unintentional error and its types | First Requirement: The nature of unintentional error | Second Requirement: Types of unintentional error | Second Subsection: Its effect and forms | Third Subsection: Causes that nullify unintentional error | First Part: Causes that nullify responsibility in Islamic jurisprudence | First Section: Causes related to lack of awareness or perception | First Subsection: Youth | Second Subsection: Insanity and mental disability | First Requirement: Insanity | Second Requirement: Mental disability | Third Subsection: Intoxication (forced drunkenness) | Second Section: Causes related to lack of free will | First Subsection: The influence of environment and its effect on action and will | Second Subsection: Coercion | First Requirement: Meaning of coercion and its types | Second Requirement: Conditions of coercion | Third Requirement: Rulings on coercion | Third Subsection: State of necessity | First Requirement: Definition of necessity and its legal basis | Second Requirement: Conditions of the state of necessity | Third Requirement: Effect of the state of necessity | Fourth Section: Criminal penalties in Islamic jurisprudence | First Section: Punishments and preventive measures, their types, and characteristics in Islamic jurisprudence | First Chapter: Definition of punishment and preventive measures, their characteristics, and objectives | First Subsection: Definition of punishment, its characteristics, and goals | First Requirement: Definition of punishment | Second Requirement: Characteristics of punishment | First: Legality of punishment | Second: Judicial nature of punishment | Third: Equality in applying punishment | Fourth: Personalization of punishment | Fifth: Humanity in punishment | Third Subsection: Purposes and aims of punishment | First Branch: Purposes of punishment | Second Branch: Aims of punishment | First: The moral function of punishment — expiation of sin, achieving justice, and mercy | Second: The utilitarian function of punishment — deterrence and reform of the offender | Second Section: Definition of preventive measures, their characteristics, and aims | First Requirement: Definition of preventive measures and their legitimacy | First Branch: Definition of preventive measures | Second Branch: Legitimacy of preventive measures | Second Requirement: Characteristics of preventive measures | Principle of legality of measures | Principle of personal responsibility | Principle of judicial authority | Principle of non-penalization of measures and their continuous review | Third Requirement: Purposes and means of preventive measures | First: Preventive measures and combating crime within the soul | Second: Preventive measures that achieve reward when the crime is not committed | Third: Preventive measures that involve discipline and reform | Fourth: Preventive measures that ensure mercy, bring benefit, and ward off harm | Fourth Requirement: Conditions for applying preventive measures | First Condition: Committing a prior crime | Second Condition: Criminal danger | Fifth Section: Types of preventive measures | First Branch: Spiritual preventive measures | Second Branch: Blocking the means — a basis for preventive measures preventing sins | Third Branch: Preventive and protective measures related to the offender before and after committing the crime | First: Personal measures before committing the crime | Second: Personal measures after committing the crime | Fourth Branch: Financial preventive measures | Fifth Branch: Educational and therapeutic preventive measures | Sixth Requirement: Combining punishment and preventive measures | Second Chapter: Types of punishments and how to apply them | First Subsection: Hereafter punishments and worldly punishments | Second Subsection: Divisions of worldly punishments | First Requirement: Specific division of punishments based on the right of the victim | Second Requirement: Specific division of punishments based on the intrinsic nature of the punishment | Third Requirement: Specific division based on material and type of punishment | First: Capital punishments (death penalty) | Branch One: Retribution in deliberate homicide | Branch Two: Stoning for the married adulterer | Second: Punishments involving deprivation of limbs (cutting and wounding) | First: Qisas in wounds | Second: Cutting off the hand in theft | Third: Whipping | Fourth: Crucifixion | Second Part: Penalties involving deprivation of liberty and restrictions | First: Imprisonment | Second: Alternatives to imprisonment | Third: Financial penalties | First: Diyat (blood money) | Second: Expiation (Kaffara) | Chapter Two: Causes for reducing, increasing, or terminating the punishment in Islamic jurisprudence | First Section: Applying the punishment | First Subsection: The discretionary authority of the judge in applying punishment | Second Subsection: Rules governing the judge's discretionary authority | Second Section: Causes for reducing or canceling punishment — doubt | First Subsection: Definition of doubt and its types | Second Subsection: Effects of doubt | Third Section: Causes for increasing punishment — "aggravating circumstances" | First Subsection: Multiple crimes | Second Subsection: "Recidivism" | Fourth Section: Causes for the termination of punishment | First Subsection: Execution or impossibility of execution | Second Subsection: Repentance of the offender | Third Subsection: Pardon | Fourth Subsection: Reconciliation |