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The application of mediation (Suhl) in Islamic criminal law

Ab Aziz, Norjihan and Husin, 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

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Abstract

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.

Item Type: Article (Journal)
Additional Information: 7509/50396
Uncontrolled Keywords: sulh, qisas, hudud, ta‘zir
Subjects: K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP173.25 Islamic law and other disciplines or subjects
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws
Depositing User: Mdm Norjihan Ab Aziz
Date Deposited: 02 Jun 2016 15:51
Last Modified: 18 Jul 2016 15:02
URI: http://irep.iium.edu.my/id/eprint/50396

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