Classification of crimes under Islamic criminal law

A crime (jurimah) means a sin, a fault, an offence or act of disobedience. A transgression,

whether intentional or committed through inadvertence. This has been used in verses 5:8 of the
holy Quran
“And let not a nation’s hatred by any means accassion you or incite you to wrong and depart
from justice”
The jurists have discussed three classifications of crimes on different aspects, namely
1. Classification according to punishments
2. Classification according to intention, and
3. Classification according to violation of rights.

CLASSIFICATION ACCORDING TO PUNISHMENTS.

Crimes have been classified into three kinds on the basis of quantum of punishment;
i. Quisas and diyat (crimes of retaliation and blood money)
ii. Hudud (crimes of fixed punishments)
iii. Ta’zirat (crimes of discretionary punishment)

i. Qisas and diyat (crimes of retaliation and blood money)

In Islamic criminal law punishments for crimes have been provided by way of retaliation or
blood money which are called quisas and diyat, these punishments have been prescribed as rights
of individuals which can be remitted or altered by the victim or his legal heirs.
a) Intentional murder
b) Quasi-intentional murder
c) Murder as a result of mistake
d) Hurts.
Quisas (intention murder)
This is the principal punishment for murder
Diya (blood money)
Diyat is the principle punishment for unintentional killing and culpable homicides.
Diya means an amount of valuable asset provided by the sheria set to compensate the family of
the victim or his heirs by the perpetrator of the crime .blood money for the loss of life
determined at one hundred camels of roughly equal combinations of one, two, three and four
years of age. Equivalent monetary is cited according to reports at 800(gold) diners or
8000(silver) dirhams.
The Quran says:
Whoever kills a person for other than manslaughter or corruption in the land , it shall be as if he
had killed all mankind and whoever saves the life of one person, it shall be as if he had saved the
life of all mankind .(5:32)
If a person kills a believer intentionally, his recompense is hell, to abide therein (forever) and the
wrath and the curse of God are upon him. (4:93).
It is not for a believer to kill a believer unless it be by mistake. He who kills a believer by
mistake must set free a believing slave and pay compensation to the family of the deceased
unless they remit it freely. If the deceased belongs to a people at war with you and he is a
believer, the freeing of a believing slave (is enough). And if he belong s to the people with whom
you have a treaty of mutual alliance, compensation should be paid to his family and believing
slave be freed. For those who find this beyond their means, a fast for two consecutive months.
(4:92).
The first thing Allah will ask for on the Day of Judgment is murders. (Muslim, sahih Muslim,
p.248)
Intention murder.
This is when an adult and sane person willfully and with the intention of causing death makes
another person the direct object of his action which in general is fatal and that person dies as a
result of that action. Three basic conditions that have been stated for incriminating an adult
and sane person for committing intentional murder;
a) The victim must be a living human being,
b) The victim must have died as a result of the action of the accused
c) The offender has willfully intention of causing death of the victim

a. The victim must be a living human being.

The first condition is that the victim has to be a living human being at the time of death.
His caste, color, territory, religion, sex, status, health and age are not relevant,
Thus if the person with the intention of causing death, attacks dead person with a deadly
weapon, he is not liable to intentional murder.
In the same way if a person causes death of a child in the womb of the mother, he will not
be liable to intentional murder
Similarly if a person causes death of an animal with the intention of causing death by
doing an act which in the ordinary course of nature is likely to cause death is not liable for
intentional murder.
If a person with the intention causing death , wounds another person grievously, which
may not cause his death , but meanwhile another person by using a deadly weapon causes his
death , then according to the majority of the jurists, the second person is liable to intentional
murderer not the first one. The first one is liable to the hurt he caused.
The victim being a human must be a protected person. These are all Muslims, non-
Muslims who reside in an Islamic state, non-muslim who are either in a treaty or not at war with
the Muslims and those non-Muslims who enter an Islamic state with permission. Muslims who
are at war with mulims are not protected in Islamic criminal law.
Imam abu hanifah is however of a view that a muslim who reside in anon –muslim country,at
war with the muslims, is not protected and if any cause his death will not be liable, how ever
imam malik ,imam shafi and imam ahmed are of aview that a moslem is protected everywhere
even in acountry which is at war with the Islamic state because the basis of his protection is
islam.
b. Murder must be the result of the act of the accused.
If the act of the accused is not of the nature which is in the ordinary course is
likely to cause death, he will not be liable to intentional murder.
The victim must have died of the act of the offender without any gap sufficient for
recovery or a fatal attack by another person.
The use of a deadly weapon, like a heavy stone, club or hammer, or strangulation
or administering of poison are acts likely to cause death.
The death caused by fire or throwing into deep water shall amount into intentional
murder.
In order to determine whether an act by which death is caused or likely to cause
death or not , is opinion of an expert and physical condition of the accused and the victim
shall be taken into consideration.
Note: complexity or accomplises, death caused jointly by two or more persons by taking
practical part in it shall all be liable to intentional murder, however the offenders who are not
directly involved in the commissioning of the offence shall be liable according to the nature of
their acts, but if the death is caused without a plan, they all shall be liable to quasi –intentional.
c. The offender must have the intention to cause death of the victim.
Criminal intention means willingness of a person to do a prohibited act or refrain
from mandatory act knowing that the act he is going to commit or omit is
forbidden. The holy Quran states;

“There is no blame on you if you make a mistake, what counts is the intention of your
hearts (33:5)”
The prophet said, “Actions are rewarded according to intention.”(Al-Bukhari, sahih, p.2)
Conditions of unintentional killing.
Causing death under compulsion.
Compulsion means to cause a person by force to do an act without his consent and choice by
threatening him with death, grievous hurt or heavy financial loss and the person being put under
compulsion is reasonably apprehensive that such will be the consequence if he does not obey the
person causing compulsion.
ii. Hudud (crimes of fixed punishments)
These are crimes for which the kind and quantum of punishment has been fixed by the Quran or
Sunnah of the prophet (SAW) as aright from God. These punishments can neither be increased
nor decreased nor altered. They include:
a) Adultery or fornication(zina)
Jurists usually define it as sexual intercourse between a man and a woman who are not
and do not suspect to be in a state of legal matrimony. The Quran says;
And come not near to adultery; for it is shameful (deed) and an evil, opening the
road (to other evils).(17:32)
The Quran while describing the qualities of the believers says
Those who invoke not with God nor slay such life as God has made sacred, except
for just cause, nor commit fornication and any that does meets punishments.(25:68)
Not only should it be avoided as sin but approach or temptation to it should be avoided.
Zina leads to confusion of lineage, child abuse, the breaking up of families, bitterness in
relationships, the spread of vulnerable diseases and a general laxity in morals.
Proximity (khalwat0
This literally means proximity which denotes a man and a woman who neither
married to each other nor mahram to each other being alone together in a place in which
there is no fear of intrusion by anyone else, so that an opportunity exists for sexual
intimacy such as touching, kissing, embracing or even for inter-course
The holy prophet said, “whoever believes in God and the last day must be in proximity
with a woman without there being a mahram with her, for otherwise Satan will be the
third person (with them)”
Lustful looking at the opposite sex and display of woman’s adornment.
To close the avenue of a approach to adultery, Islam has prohibited looking at the
member of the opposite sex with desire, for the eye is the key to the feelings.
b) False accusation of adultery.(Qazf)
Qazf literally means to accuse, to defame and in technical terms it means to
accuse an adult and sane Muslim who has never committed zina or to refuse the
legitimacy of a child. The Quran says;
And those who accuse chaste woman (of zina) and produce not four witnesses (in support
of their allegations), flog them with eighty stripes, and reject their evidence ever after: for
such persons are wicked transgressors; unless they repent thereafter and mend (their
conduct): for Allah is oft-forgiving most merciful (24:4, 5)
c) Theft.
This means to take away the property of another person surreptitiously without the
knowledge and consent of that person. The holy Quran says
“But any that gains a hearing by stealth” in this verse Allah called the
gaining of hearing secretly a theft. It is for this reason that taking a way the
 property of another person publicly and forcibly is called seizure, robbery, plunder,
usurpation and not theft.
The holy Quran says:
As for the thief both male and female, cut off their hands.it is the reward of
their own deeds, and exemplary punishment from Allah. Allah is mighty wise.(5;38)
d) Dacoity and robbery (harabah).
Harabah literally means to quarrel, to fight and in technical terms to take away property
from a person openly by using or threatening to use force. Harabah includes high way
robbery, bloodshed, and high treason, Dacoity etc. they may be committed by a person or
group [of persons.
Elements of Robbery and Dacoity.
According to Imam Abu Hanfah the person must be armed with something as
weapon arm or such thing (stick, stone, piece of wood etc.
But according to imam mailik and imam shafi, using force is sufficient for
commission of harabah liable to Hudud irrespective of whether the offender has any arms
with him or not.
Punishment for harabah. The holy Quran says:
The punishment of those who wage war against Allah and his messengers(in
respect of endangering the security of the state established under the divine laws)and
strive with might and main for mischief through the land is execution or crucifixion or
cutting off their hands and feet from the opposite sides, or exile, from the land and there
is disgrace in this world and a heavy punishment is theirs in the hereafter, except for
those who repent before they fall into your power; in that Allah is oft-forgiving, most
merciful(5;33,340
e) Drinking wine.
Drinking of liquor in Islam was prohibited gradually, thus the following verse of
the Holy Quran which was first revealed to forbid intoxicating liquors;
O you who believe! Come not to prayers when ye drunk until what you
understand what you say (4; 43), in this verse Allah forbids prayer when one is
intoxicated.
The following verse says;
They ask you concerning wine and gambling. Answer, in both there is great
sin and some uses for men, but their sinfulness is greater than their usefulness.
(2:219)
When the people were mentally ready to give up drinking intoxicating liquors, the
following verse was revealed:
O you who believe! Wine and gambling and stone pillars and diving arrows are an
abomination of the work are an abomination of the work of Satan, therefore avoid them
that you may prosper (5:90)
Punishment according to prophet and Caliph Abu Bakr is forty stripes to the
drinker of wine.
f) Apostasy
 Means a Muslim who intentionally and voluntarily abandons his religion.
Apostasy means any word uttered or any act done by a sane and adult Muslim
intentionally and voluntarily which contradicts any fundamentals of Islam such as
refusing to pray five times a day, fasting in Ramadan, bowing before idols. Before
convicting one must be given chance to explain as to what he means by the words uttered
or act he committed.
The punishment for apostasy is death. After giving him a reasonable chance to repent.

iii. Crimes liable to Ta’zirat (crimes of discretionary).

Ta’zir literally means to prevent, to honor, to correct, and moderate to avoid to assist.
In Islamic criminal law ta’ zir signifies punishment for a crime for which has not been
fixed by the Quran and the Sunnah of prophet Muhammad (pbuh) and has been left to the
discretion of the ruler or judge to fix it in accordance with the prevailing circumstances
so as to reform the culprit and restrain others from recommitting the crime and to restrain
others from committing the crime.
The Quran says:
“Whoever works evil, will be required accordingly” (4:123)
These crimes are of two kinds:
The actions and omissions in which may divine provision (sharia text) or any
principle thereof is violated, for instance, commission of theft, breach of trust, bribery,
gambling etc.
The violation of the rules, regulations and orders of the rulers acting as sub-
legislative authority.
CLASSIFICATION ACCORDING TO INTENTION
Crimes have been divided into two kinds:
Intentional crimes, and
Un-intentional crimes.
Intentional crimes. Have been defined as the crimes wherein the criminal commits a
crime knowing that he is committing an illegal act and understands the result of his act like
intentional homicide, intentional hurt, etc.
The willful commission of a crime liable to hudd or qisas has no concern with the motive of the
offender, however motive helps in determining the intention of the offender.
Un-intentional crime in these crimes, the criminal doesn’t intend to commit a crime but
the crime is committed by him through negligence or mistake.
CLASSIFICATION ACCORDING TO VIOLATION OF RIGHTS.
The crimes on the basis of violation of rights have been divide into two kinds:
Crimes against the public.
Crimes against individuals.