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Islamic criminal law ((アラビア語:فقه العقوبات)) is criminal law in accordance with Sharia. Strictly speaking, Islamic law does not have a distinct corpus of "criminal law." It divides crimes into three different categories depending on the offense – ''Hudud'' (crimes "against God", whose punishment is fixed in the Quran and the Hadiths); ''Qisas'' (crimes against an individual or family whose punishment is equal retaliation in the Quran and the Hadiths); and ''Tazir'' (crimes whose punishment is not specified in the Quran and the Hadiths, and is left to the discretion of the ruler or Qadi, i.e. judge).〔(Criminal Law ) Oxford Islamic Studies, Oxford University Press (2013)〕 Some add the fourth category of ''Siyasah'' (crimes against government), while others consider it as part of either Hadd or Tazir crimes.〔M. Cherif Bassiouni (1997), Crimes and the Criminal Process, Arab Law Quarterly, Vol. 12, No. 3 (1997), pp. 269-286〕 Sharia courts, unlike other legal systems in the world, do not use jury or prosecutors on the behalf of society. Crimes against God are prosecuted by the state as hudud crimes, and all other criminal matters, including murder and bodily injury, are treated as disputes between individuals with an Islamic judge deciding the outcome based on sharia fiqh such as Hanafi, Maliki, Shafi'i, Hanbali and Jafari followed in the Islamic jurisdiction.〔Knut S Vikor. ''Between God and the Sultan: A History of Islamic Law.'' Oxford University Press: 2005. pp. 281-285〕 ==Hudud== (詳細は#Drinking alcohol (sharb al-khamr, شرب الخمر) #Theft (as-sariqah, السرقة) #Highway robbery (qat`a at-tariyq, قطع الطريق) #Illegal sexual intercourse (az-zinā', الزناء) #False accusation of illegal sexual intercourse (qadhf, القذف) #Apostasy (irtidād or ridda, ارتداد) - includes blasphemy. The Shafi'i school of Islamic jurisprudence does not include highway robbery. The Hanafi school does not include rebellion and heresy. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Islamic criminal jurisprudence」の詳細全文を読む スポンサード リンク
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