ISS 304 — Sharīʿah: Al-ʿUqūbāt (Penal Codes): Lecture Note

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la-NET | ONLINE LEARNING VIDEO PLATFORM FOR POST-SECONDARY & HIGHER INSTITUTION STUDENTS Course Code: ISS 304 Course Title: Sharīʿah: Al-ʿUqūbāt (Penal Codes)

la-NET | ONLINE LEARNING VIDEO PLATFORM FOR POST-SECONDARY & HIGHER INSTITUTION STUDENTS Course Credit Load: 2 Units (C; LH 30) • Series 1: Islamic Juridical Opinions • Series 2: Competence in Islamic Jurisprudence • Series 3: Rulings on Murder, Theft, Intoxicants and Slander • Series 4: Qurʾānic Chapters on Penal Codes • Series 5: Morality and Relevance of Islamic Regulations Series 1: Islamic Juridical Opinions Parts and Sub-Parts • 1.1 Concept and Scope of Islamic Juridical Opinions o 1.1.1 Meaning of Fatwa and Islamic Juridical Opinion o 1.1.2 Fatwa, Fiqh and Qadāʾ: Distinctions and Relationships o 1.1.3 Scope and Responsibility of a Juridical Opinion • 1.2 Sources and Evidences for Juridical Opinions o 1.2.1 The Qurʾān and Sunnah as Primary Sources o 1.2.2 Ijmāʿ, Qiyās and Other Recognised Legal Methods o 1.2.3 Hierarchy, Relevance and Verification of Evidence • 1.3 Qualifications and Methodology of the Mufti o 1.3.1 Knowledge, Integrity and Competence o 1.3.2 Understanding the Question, Facts and Context o 1.3.3 Reasoning, Scholarly Difference and Formulating an Opinion • 1.4 Juridical Opinions in Penal Matters o 1.4.1 Care and Restraint in Penal Questions o 1.4.2 Evidence, Due Process and Legitimate Authority o 1.4.3 Academic Application to Al-ʿUqūbāt

la-NET | ONLINE LEARNING VIDEO PLATFORM FOR POST-SECONDARY & HIGHER INSTITUTION STUDENTS Introduction Islamic juridical opinions provide a structured way of addressing questions of Islamic law through recognised sources and methods of jurisprudence. In the study of al-ʿuqūbāt, this skill is especially important because questions concerning criminal conduct, evidence and penalties require careful attention to legal texts, juristic reasoning, facts and legitimate authority. The aim of this Series is to introduce you to the meaning, sources, limits and methodology of an Islamic juridical opinion. You will also learn why a fatwa should be distinguished from a judicial judgment and why penal questions require particular caution. We shall begin by examining the meaning and scope of fatwa and its relationship with fiqh and qadāʾ. Next, we will study the principal sources and methods used in Islamic legal reasoning, including the Qurʾān, Sunnah, ijmāʿ and qiyās. We will then consider the knowledge, integrity and reasoning required of a mufti. Finally, we will apply these principles to penal questions, with emphasis on evidence, due process and legitimate authority. These foundations will prepare you for the detailed study of murder, theft, intoxicants and slander in later Series. Series Learning Outcomes Upon completing this Series, you should be able to: SLO 1.1 define fatwa and distinguish it from fiqh and qadāʾ, SLO 1.2 identify and evaluate the principal sources and methods used in forming an Islamic juridical opinion, SLO 1.3 analyse the qualifications and methodological steps required for responsible juridical reasoning, SLO 1.4 formulate a basic, evidence-based academic juridical opinion on a defined penal-law question while recognising the limits of private enforcement.

la-NET | ONLINE LEARNING VIDEO PLATFORM FOR POST-SECONDARY & HIGHER INSTITUTION STUDENTS 1.1 Concept and Scope of Islamic Juridical Opinions 1.1.1 Meaning of Fatwa and Islamic Juridical Opinion A fatwa is a considered answer to a question concerning Islamic law or religious practice, normally given by a qualified scholar or mufti. It is produced through reference to relevant Islamic sources and juristic methods. In this Series, the expression Islamic juridical opinion refers to a reasoned academic conclusion about the ruling of a defined issue, supported by appropriate evidence. A juridical opinion should therefore not be reduced to a personal preference. The person giving it must identify the question accurately, examine the relevant evidence and explain the reasoning that connects the evidence to the conclusion. Fill in the blank: A reasoned Islamic legal answer given by a qualified scholar is commonly called a __________. 1.1.2 Fatwa, Fiqh and Qadāʾ: Distinctions and Relationships Fiqh refers to human understanding of practical Islamic rulings derived through juristic reasoning. A fatwa is an opinion or answer concerning a particular legal question, while qadāʾ refers to judicial adjudication by a judge. These terms are related but should not be treated as identical. A fatwa is generally advisory rather than a court judgment. A qāḍī's judgment, by contrast, is a judicial decision within the authority and jurisdiction of the court. This distinction is important in penal matters because an individual's possession of religious knowledge does not by itself give that person authority to impose a criminal penalty.

la-NET | ONLINE LEARNING VIDEO PLATFORM FOR POST-SECONDARY & HIGHER INSTITUTION STUDENTS Figure 1.1: Distinction between fatwa and qadāʾ 1.1.3 Scope and Responsibility of a Juridical Opinion The scope of a juridical opinion depends on the question, the evidence available and the competence of the person giving the opinion. A responsible opinion should state its basis, acknowledge relevant scholarly disagreement where necessary and avoid presenting a contested interpretation as though no other recognised view exists. In penal matters, this responsibility is even greater. A juridical opinion should not be treated as permission for private individuals to arrest, punish or retaliate against alleged offenders. Questions involving criminal penalties belong within lawful judicial and institutional processes. Fill in the blank: A fatwa should not be confused with a judicial __________. Pilot questions 1.1 1. What is a fatwa? 2. How does fiqh differ from a fatwa? 3. What is the principal distinction between a fatwa and qadāʾ?

la-NET | ONLINE LEARNING VIDEO PLATFORM FOR POST-SECONDARY & HIGHER INSTITUTION STUDENTS 4. Why does a penal question require particular caution? 5. Why should a juridical opinion identify its evidence and reasoning? 1.2 Sources and Evidences for Juridical Opinions 1.2.1 The Qurʾān and Sunnah as Primary Sources The Qurʾān is the foundational revealed source for Islamic law, while the Sunnah of the Prophet Muhammad provides guidance on belief, worship, conduct and legal matters. A juridical opinion must therefore begin by identifying whether the question is directly addressed by relevant revealed texts and by examining those texts in their proper context. The Qurʾān also establishes a method of referring disputed matters back to Allah and His Messenger. Sūrah al-Nisāʾ (4:59) instructs believers that when they disagree over a matter, they should refer it to Allah and the Messenger. This provides an important principle for disciplined legal reasoning. Fill in the blank: The two primary revealed sources considered in Islamic legal reasoning are the Qurʾān and the __________. 1.2.2 Ijmāʿ, Qiyās and Other Recognised Legal Methods Where a question is not settled by an explicit text, jurists may use recognised methods of legal reasoning. Ijmāʿ refers to scholarly consensus in the technical sense recognised by jurists, while qiyās involves extending a ruling from an established case to a new case because of a shared effective cause. The precise scope and conditions of these methods have been discussed differently across schools of jurisprudence. Other juristic principles may also be relevant depending on the school and the issue under consideration. A student should therefore distinguish between the revealed sources themselves and the methodological tools used by jurists to derive or apply rulings.

la-NET | ONLINE LEARNING VIDEO PLATFORM FOR POST-SECONDARY & HIGHER INSTITUTION STUDENTS 1.2.3 Hierarchy, Relevance and Verification of Evidence Good juridical reasoning requires more than collecting quotations. You should verify the authenticity and relevance of evidence, examine how jurists have understood it, consider whether another text qualifies or limits the ruling and identify whether the issue is one on which recognised schools differ. In practice, a student should avoid relying on unattributed social-media statements or isolated quotations. The evidence should be traceable to reliable primary texts or recognised scholarly works, and the conclusion should not exceed what the evidence can support. Fill in the blank: A legal conclusion should be based on verified evidence rather than an isolated personal __________. Pilot questions 1.2 1. Name the two primary revealed sources of Islamic law. 2. What does Sūrah al-Nisāʾ 4:59 teach about resolving disputes? 3. Define ijmāʿ in the technical sense used in Islamic jurisprudence. 4. What is qiyās? 5. Why should legal evidence be verified before it is used in a juridical opinion? 1.3 Qualifications and Methodology of the Mufti 1.3.1 Knowledge, Integrity and Competence A person who gives a juridical opinion needs appropriate knowledge of the Qurʾān, Sunnah, Arabic and the principles of Islamic jurisprudence, together with the ability to understand the particular issue being asked. Knowledge alone is not sufficient. Integrity, honesty and awareness of one's limits are also essential because an inaccurate opinion can mislead the person who seeks guidance.

la-NET | ONLINE LEARNING VIDEO PLATFORM FOR POST-SECONDARY & HIGHER INSTITUTION STUDENTS The Qurʾān directs those who do not know to ask people of knowledge. Sūrah al-Naḥl (16:43) therefore supports the principle that questions requiring specialist knowledge should be referred to appropriately qualified people. Fill in the blank: A person who lacks the necessary knowledge should refer a difficult juridical question to a qualified person of __________. 1.3.2 Understanding the Question, Facts and Context A sound opinion begins with a sound understanding of the question. The mufti

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