Punishment in Islamic Law, An Enquiry into the Hudud Bill of Kelantan

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Punishment in Islamic Law, An Enquiry into the Hudud Bill of Kelantan

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Mohammad Hashim Kamali has developed the theme that the established fiqh of the leading schools has only upheld the punitive/deterrent aspect of the...

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Mohammad Hashim Kamali has developed the theme that the established fiqh of the leading schools has only upheld the punitive/deterrent aspect of the Quranic provisions on hudud but has neglected its emphasis on reformation and repentance. The early jurists chose to enforce the concrete punishments but were unable to actualise the Quranic provisions on rehabilitation and repentance, presumably because implementing the mroe comprehensive outlook of the Quran required wider commitment of skills and resources that the state may not have possesse in earlier times. Now that the state is better equipped and materially more resourceful, it is in a better position to attempt a comprehensive implementation of the Quranic provisions on punishment. This would require a certain degree of originality and initiative, but it must be done if one were to avoid perpetuating a half-measured approach to the Quranic provisions on hudud, which has characterised the hudud with remarkable rigidity and stricture. If we are successful in doing this, our endeavours are certain to be more integrated, humane, and also more relevant to the concerns of the society in which we live.

The present enquiry by my friend and colleague, Professor Dr. Mohammad Hashim Kamali represents a valuable step forward. He has reached an important conclusion after a thorough discussion (of the Hudud Bill of Kelantan): the Bill is a product of undiluted imitation taqlid failing to acknoledge the contemporary realities of society and make necessary adjustments to some of the fiqhi formulations of pre-modern times....the author deals in depth with the concept of the hudud in general, and its different manifestations in particular areas... I hope that his serious research and clear vision would reach the widest range and the deepest effect in Malaysia and in the whole world.

Dr. Muhammad Fathi Osman
Visiting Professor
International Islamic University, Malaysia

  • Format:Paperback
  • Pages:178 pages
  • Publication:2000
  • Publisher:Ilmiah Publishers
  • Edition:Reprint
  • Language:eng
  • ISBN10:9832092280
  • ISBN13:
  • kindle Asin:9832092280

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Mohammad Hashim Kamali

Mohammad Hashim Kamali

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