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Criminal jurisprudence

Course Description: This course covers the concept of crime, its divisions, and the causes of crime. It will also discuss the principle of legality in crimes and punishments (no crime or punishment without a text), and its equivalent in Islamic Sharia. Additionally, it will delve into the principle of interpreting criminal texts (rules of interpretation, the judge's power of interpretation, analogy in interpretation, interpreting doubt in favor of the accused). The course will also examine the principle of the application of criminal texts in terms of: time, place, and persons. It will cover the conditions for the imposition of Qisas (retaliation), the execution of Qisas, and pardon for Qisas, as well as the book of Diyat (blood money): the amounts of Diyat for a life, and the Diyat for limbs and damages.

Credits: 2

Objectives of the course :

Upon completion of the course, the student will be able to:
– Clarification of the terms and concepts of crime, felony, blood money, and qisamah.
– Mention the jurisprudential rulings on crime, felony, blood money, and qasamah.
Forming the juristic acumen that enables the derivation of legal rulings for crimes, felonies, blood money, and oaths, and applying them to actual cases.
– Demonstrating etiquette and skills in dealing with those who disagree on controversial issues.
– Utilizing modern technology to access information on course matters.

Course outputs :

The end of guardianship and oaths.
To mention the evidence and jurisprudential rulings for crime, felony, blood money (diyaat), and qasamah.
3 - To describe the scientific research methodology for studying jurisprudential issues in the Book of Crimes.
4. To explain the evidence for rulings from the Quran and Sunnah according to the scientific methodology of exegetes and hadith scholars.
Skills:
To apply the skills of exegesis and text interpretation in establishing and understanding evidence in criminal matters, using modern technical applications.
2- To derive the Sharia rulings for crimes, felonies, blood money, and Qasama from their detailed evidence.
3. To apply the jurisprudential rulings for crimes, felonies, blood money, and oaths to the facts.
Values, autonomy and responsibility:
- To be characterized by Islamic morals, social, professional, and academic values, and the etiquette of disagreement.
2 - Bear the assigned responsibility professionally and independently.
3- Work collaboratively and effectively as a team.

Additional information:

Course Topics:
The concept of crime, its divisions, and the cause of criminalization. The principle of legality of crimes and punishments (no crime or punishment except by law), and its equivalent in Islamic Sharia. The principle of interpreting criminal texts (rules of interpretation, the judge's authority in interpretation, analogy in interpretation, interpretation of doubt in favor of the accused). The principle of the application of criminal texts in terms of: (time, place, persons).
General Elements of a Crime: These include the pillars and conditions of the material element, its elements, and the attempt to commit a crime.
– Moral condition, its elements, its forms.
Exemptions from criminal liability, which include:
– Exercise of rights and their applications (discipline), and performance of duties (medical treatment).
Self-defense (repelling an aggressor).
– Exercise of authority (right).
Criminal Contribution (Participation): Concept, Types, and Provisions.
Criminal responsibility, its concept, its place, its degrees, and its impediments.
Book of Crimes: Conditions for Imposing Retribution, Execution of Retribution, Pardon for Retribution.
Punishment for crimes less than those punishable by death.
And the Book of Diyat: Quantities of Diyya for the Soul, Diyya for Limbs and Benefits.
Wounds and Fractures, 'Aqilah (blood-wit), Atonement for Killing, Qasamah (oath-taking).
The study of contemporary Fiqh issues.

Last updated: 2026-06-04