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Islam Crime And Punishment Essay

1095 Words5 Pages

Religion, life, lineage, mind and property are five basic necessities, which Islam accorded protection. A criminal act is an infringement of public right which leaves wide repercussions on society. The most important aim of punishment is the protection of the public interest (Himayah al maslahah al ‘ammah), concerning the above five basic necessities1. In Islam, crime and punishment is categorized into fixed and discretionary. Crime, on the basis of the quantum of punishment, may be classified into three types, which are hadd2, qisas and diyah3, and ta’zir4.
The main principle of the Islamic law is to protect the religion ,life, lineage ,mind , and property of Muslim community. A criminal act is an infringement of public right which leaves wide repercussions on society. The aim of Islamic punishment in Hudud and Taazir is the protection of the public interest (Himayah al maslahah al ‘ammah) and it has been classified into Hadd, Qisas, Diyah, and Taazir.
The powers of the religion enforcement …show more content…

The main provision in Art (5) is ‘No person shall be deprived of his life or personal liberty save in accordance with law. This means Fedearal Constitution has been granted the human right to every citizen such as the right to Habeas Corpus , right to life , freedom of movement and freedom of speech.
No detention without Trial is also called the right to be heard and right to Habeas Corpus , therefore nobody can be detent without hearing and any lawful justification.Art 5 (2) of the Federal Constitution has specified that where complaint is made to a High Court or any Judge ,therefore the person is being unlawful detained and the court shall inquire into the complaint unless satisfied that the detention is lawful and shall order him to be produced before the court and release

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