The application of mediation (Suhl) in Islamic criminal law

Dispute resolution through mediation or sulh is encouraged in Islam in almost all disputes. Sulh is not only applicable in civil cases such as matrimonial dispute, custody dispute, transaction dispute and inheritance dispute, but could also be applied in criminal cases as well. In the context of Isl...

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Main Authors: Ab Aziz, Norjihan, Hussin, Nasimah
Format: Article
Language:English
Published: Universiti Malaya 2016
Subjects:
Online Access:http://irep.iium.edu.my/50396/
http://irep.iium.edu.my/50396/1/50396_The_application_of_mediation_%28Suhl%29_in_Islamic_criminal_law.pdf
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author Ab Aziz, Norjihan
Hussin, Nasimah
author_facet Ab Aziz, Norjihan
Hussin, Nasimah
author_sort Ab Aziz, Norjihan
building IIUM Repository
collection Online Access
description Dispute resolution through mediation or sulh is encouraged in Islam in almost all disputes. Sulh is not only applicable in civil cases such as matrimonial dispute, custody dispute, transaction dispute and inheritance dispute, but could also be applied in criminal cases as well. In the context of Islamic Criminal Law, sulh is applicable in certain criminal offences of hudud, qisas and ta‘zir particularly when involving the right of individuals. Sulh concerning criminal disputes has been exercised during the period of Prophet Muhammad SAW and legalized in the Quran. There are numerous Qur’anic verses and Ahadith that allow sulh to be applied in criminal cases. Pakistan has recently implemented the Islamic criminal law, allowing criminal cases to be resolved through sulh. Therefore, this article aims to examine the concept of sulḥ in criminal cases according to the Quran and Ahadith. This research also analyses how sulh in criminal casesis implemented in Pakistan and to determine whether it complies with the Quran and Ahadith.
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spelling iium-503962024-12-17T02:32:50Z http://irep.iium.edu.my/50396/ The application of mediation (Suhl) in Islamic criminal law Ab Aziz, Norjihan Hussin, Nasimah KBP173.25 Islamic law and other disciplines or subjects Dispute resolution through mediation or sulh is encouraged in Islam in almost all disputes. Sulh is not only applicable in civil cases such as matrimonial dispute, custody dispute, transaction dispute and inheritance dispute, but could also be applied in criminal cases as well. In the context of Islamic Criminal Law, sulh is applicable in certain criminal offences of hudud, qisas and ta‘zir particularly when involving the right of individuals. Sulh concerning criminal disputes has been exercised during the period of Prophet Muhammad SAW and legalized in the Quran. There are numerous Qur’anic verses and Ahadith that allow sulh to be applied in criminal cases. Pakistan has recently implemented the Islamic criminal law, allowing criminal cases to be resolved through sulh. Therefore, this article aims to examine the concept of sulḥ in criminal cases according to the Quran and Ahadith. This research also analyses how sulh in criminal casesis implemented in Pakistan and to determine whether it complies with the Quran and Ahadith. Universiti Malaya 2016 Article PeerReviewed application/pdf en http://irep.iium.edu.my/50396/1/50396_The_application_of_mediation_%28Suhl%29_in_Islamic_criminal_law.pdf Ab Aziz, Norjihan and Hussin, Nasimah (2016) The application of mediation (Suhl) in Islamic criminal law. Jurnal Syariah, Jil. 24, Bil. 1 (2016) 115-136, 24 (1). pp. 115-136. ISSN 0128-6730 http://e-journal.um.edu.my/publish/JS/
spellingShingle KBP173.25 Islamic law and other disciplines or subjects
Ab Aziz, Norjihan
Hussin, Nasimah
The application of mediation (Suhl) in Islamic criminal law
title The application of mediation (Suhl) in Islamic criminal law
title_full The application of mediation (Suhl) in Islamic criminal law
title_fullStr The application of mediation (Suhl) in Islamic criminal law
title_full_unstemmed The application of mediation (Suhl) in Islamic criminal law
title_short The application of mediation (Suhl) in Islamic criminal law
title_sort application of mediation (suhl) in islamic criminal law
topic KBP173.25 Islamic law and other disciplines or subjects
url http://irep.iium.edu.my/50396/
http://irep.iium.edu.my/50396/
http://irep.iium.edu.my/50396/1/50396_The_application_of_mediation_%28Suhl%29_in_Islamic_criminal_law.pdf