Muslim Criminal Law |  Muslim Law of Social Relations  |
  Muslim Property Law   | Comparative Criminal Justice Systems

Course Description: This course seeks to introduce students to the history of the criminal laws of Islam. It will examine the Legal period prior to the birth of the Prophet and the socio-legal change that was ushered in after the advent of Islam. It will focus on the various sources of Islamic Law and scrutinize the criminal Laws in some detail. It will conclude with an examination of the concept of punishment and the social context of modern society and its relationship with the Sharia.

Goals of Course: This course seeks to introduce students to the philosophy and punishment-Hadd, Qisas and Taazir in the framework of an Islamic Penal complex; Students will also examine the normative framework of an Ummah(Islamic Community) and the role that criminal law plays in enforcing and consolidating the norms, mores and valuees of the Ummah.

Course Prerequisites: Proficiency in English, or English college level.

	Introduction to Islamic civilization
	Pre-Islamic Arabia. Arabia after the birth of Prophet Mohammed (pbuh); The revelation of the Quran; Socio-Legal Reformation; Birth of the Islamic State; Salient events in Islamic History.
	Source of Islamic Law
	Quran; hadith; Other Sources; Statutory interventions; Fiqh and Sharia
	Schools of Islamic Law
	Sunni and Shia; The imams and schools of Law; Madahibs (Hanafi, Shafei' Hanbali and Maliki)
	The Criminal Law of Islam
	Nature of Criminal Law; Focus of Islamic Law; Goals of Islamic Law.
	Penal Schema of Islamic Law
	Structure and Functions of Islamic Law; The penal process.
	The Theory of Punishment
	Philosophy of punishment; Types of Punishment; Goal of Punishment; Hadd, Qisas, Taazir.
	Hudud Punishments
	Types of Hadd; Definition of Hadd; Application of Hadd; Substance/Ingredients; Standard of proof; Nature of Hadd punishment.
	Qisas
	Types of Qisas; Definition of Qisas; Application of Qisas; Substance/Ingredients; Standard of Proof; Nature of Qisas Punishment
	Taazir
	Types of Taazir; Definition of Taazir; Application of Hadd; Substance/Ingredients; Standard of Proof; Nature of Taazir Punishment
	Overview of Punishment under Islamic Law
	Nature of Islamic Governance; The Orientalist School; Concept of Power and its relation to punishment.
	Law of Evidence
	System of Oaths; Logic & relevance of oath taking; Testimony and confessions; Circumstancialevidence
	Towards a Model Criminal Justice System
	Future of social organization, Society, State, Nation, Relevance of Law, Types of Legal systems; Formulating a substansive code; Creating a Criminal Code of Procedure; Need for a law of evidence.