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ISLAMIC MEDICAL EDUCATION RESOURCES 04

0005-CRIMINAL PUNISHMENTS (HUDUUD & TAZIIR)

Medicine and Fiqh Discussion at 9.45 am on 27th May 2000 at the Kulliyah of Medicine, International Islamic University, Kuantan by Professor Omar Hasan Kasule Sr.

OUTLINE

15.5.1 CONSIDERATIONS IN JUDGEMENT AND CONVICTION

A. Judgment Based On Evidence And Oath

B. Judgment With No bayyinat

C. Repeat Judgment/Retrial

D. Judging By The Obvious, Al dhaahir

E. Accepting The Judgment

 

15.5.2 PURPOSE OF HUDUD AND TA’AZIR

A. The Concept Of Limits, huduud al llaah

B. Deterrence

C. Prevention

D. Education

E. Discipline

 

15.1.3 THE 5 HUDUUD IN SHARIAT

A. Sexually-Related Crimes

B. Taking Intoxicants, khamr & mukhaddarat

C. Homicide, qatl

D. Crimes Relating To Property

E. Crimes Against The Community

 

15.1.4 APPLICATION OF DISCIPLINARY PUNISHMENTS, ta’azir

A. Definition Of Ta’azir

B. Purpose Of Ta’azir

C. Physical Punishment

D. Psychological Punishment

E. Prison

 

15.1.5 ROLE OF THE PHYSICIAN

A. Assessment Of Physical Fitness Of The Convict For Punishment

B. Assessment Of Injury For Purposes Of qisaas

C. Assessment Of Diyat

 

DISCUSSIONS

GENERAL

1. Use of the polygraph (lie detector) during an oath

2. Levels of proof needed for a shariat conviction

3. The concepts of autrefois acquit and autrefois convict

4. Conviction based on the externally obvious, dhaahir, and not the esoteric, baatin

5. Deterrent function of punishments

6. Crime prevention function of punishments

7. Education function of punishments

8. Discipline function of punishments

 

SEXUAL CRIMES

9. Conviction in a situation of extreme sexual provocation

10. Hikmat in different punishments for those with and without previous sexual experience

11. Type of punishments in cases of zina in which conviction is based on medical evidence

12. Hikmat of public punishment

13. Punishments in cases of convicts who are physically weak or are sick

14. Punishment for a convicted pregnant or suckling woman

15. Use of medical evidence in conviction for rape

16. Use of medical evidence for conviction for sodomy

17. Conviction for qadhf when there are no 4 witnesses but medical evidence suggests fornication.

 

INTOXICANTS

18. Crimes committed while under the influence of psycho-active medication

19. Crimes committed while under the influence of alcohol

20. Nicotine in tobacco as a drug fitting the definition of khamr

21. Conviction for taking intoxicants based on breath or blood analysis

22. Conviction and punishment of drug and alcohol addicts who have lost the will to control their behavior

23. Fetal death due to physician neglect or mistake

24. Fetal death due to side effects of proper medical care

25. Temporary insanity as a defence

26. Retaliation, qisaas, for bodily injury using medical procedures to prevent infection and hemorrhage

27. Retaliation in cases like abdominal wounds where the retaliation may be worse than the original injury

28. A modern-day method of computing diyat for bodily injury based on medical assessment

29. A modern-day method of computing diyat for homicide based on medical and actuarial assessments

30. Method of execution for homicide: decapitation, firing squad, lethal injection, electrocution

31. Computation of the diyat for fetal death

 

CRIMES RELATING TO PROPERTY

32. Stealing as a manifestation of psychological or emotional disturbance

 

OTHER ISSUES

33.Mental state assessment before conviction for riddat

34. Health of prisoners

35. Torture as punishment

Omar Hasan Kasule, Sr. May 2000