Punishment in ISLAMIC LAW An Enquiry into the Hudud Bill of Kelantan

• Main Author: MOHAMMAD HASHIM KAMALI 1944- (Author)
• Format: Book
• Language: English
• Published: Petaling Jaya, Selangor ILMIAH PUBLISHERS 1995
• Subjects: Punishment (Islamic law) > Malaysia
• Online Access: Click Here to View Status and Holdings.

 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