Principles and Philosophy of Punishment in Islamic Law with Special Reference to Malaysia

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Mohammad Hashim Kamali

Abstract

This article advances the theme that the conventional fiqhi articulations of the prescribed hudud punishments show inconsistency with the Quran and falls, therefore, due for a corrective. Whereas the Quran makes repentance (tawbah) and reform (islah) integral to the hudud punishments, the fiqh expositions of these punishments have entirely ignored that aspect of the Quran. To carry out this corrective and rectify the hudud theory in the way it is suggested below partakes, we believe, in veritable ijtihad that Muslim jurists and jurisdictions are strongly advised to undertake and implement.

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