Islamic Criminal & Succession Law – Lecture Review

A comprehensive set of Q&A flashcards covering Islamic legal maxims, Ḥudūd offences, evidentiary rules, homicide categories, Taʿzir, and succession law (Hibah, Wasiyyah, Faraid).

What is the first legal maxim & branch

in contracts, effect is given to intention and meaning, not merely to words and forms.

What is the second legal maxim & branches hich maxim allows a lesser private harm to repel a greater public harm?

Harm must be eliminated; To repel a public harm, a private harm is preferred; the smaller of two harms is chosen.

What is presumed when doubt conflicts with certainty in Islamic legal maxims?

Certainty is not overruled by doubt; what has been proven remains until proved otherwise.

When is custom (ʿurf) given legal effect?

Only when it is of regular occurrence or universally prevalent, and not contrary to Shariah.

How does necessity affect prohibitions?

Necessity renders prohibited things permissible, but once the excuse ends, the prohibition returns.

Name the seven classical Ḥudūd offences.

Zina, Theft (Sariqah), False Accusation of Zina (Qazaf), Hirabah (Extortion), Bughah (Treason), Drinking Intoxicants (Sukran), Apostasy (Irtad).

What are the actus reus (AR) and mens rea (MR) for Zina?

AR: Act of penetration between persons not married to each other; MR: Intention to commit the intercourse.

How many eyewitnesses are required for proving Zina?

Four adult, sane, ‘adil Muslim males who directly witnessed the act.

What is the ḥadd punishment for Zina of an unmarried person?

One hundred lashes (Qur’an 24:2).

What additional punishment applies to a married person convicted of Zina according to ḥadith?

Stoning to death.

State the material threshold (niṣāb) for ḥadd theft according to the ḥadith.

One dinar (≈4.25 g of gold, roughly RM 2,000–2,500).

List the essential elements of ḥadd theft (Sariqah).

Taking movable property of prescribed value secretly from protected custody, by an adult sane offender without ownership right, with dishonest intent.

What is the Qur’anic punishment for ḥadd theft?

Amputation of the hand (Qur’an 5:38).

Define Qazaf.

False accusation of Zina against a chaste person.

What is the ḥadd punishment for Qazaf?

Eighty lashes and permanent rejection of the accuser’s testimony (Qur’an 24:4).

Who is exempt from ḥadd Qazaf and instead liable to taʿzir?

Minors and persons of unsound mind.

What constitutes apostasy (Irtad) in Islamic law?

Voluntary renunciation of Islam by word or deed by a sane adult.

State the classical ḥadd punishment for apostasy according to ḥadith.

Death after opportunity to repent.

Define Hirabah.

Public, armed robbery or terrorism involving force that overpowers victims.

List four Qur’anic punishments mentioned for Hirabah (5:33–34).

Execution, crucifixion, cutting off opposite hands and feet, or exile/banishment.

What is the ḥadd punishment for drinking intoxicants according to the majority of jurists?

Eighty lashes (Ḥanafī, Mālikī, Ḥanbalī).

Which school limits the ḥadd for drinking to 40 lashes and treats extra as taʿzir?

Shāfiʿī.

What elements define Bughah (treason/rebellion)?

An armed group, with leadership and claimed justification, using force against a legitimate Muslim authority.

State the Qur’anic approach to rebels (49:9).

Seek reconciliation; if they persist, fight the aggressor until they comply with Allah’s command.

Differentiate intentional and quasi-intentional murder.

Intentional: Deliberate intent to kill using lethal means; Quasi-intentional: Intent to inflict harm, no intent to kill, using non-lethal means but death results.

What financial compensation is payable for quasi-intentional or accidental killing?

Diyah (blood money) – traditionally 100 camels, payable within three years.

Name two expiations (kaffārah) for mistaken killing mentioned in Qur’an 4:92.

Freeing a slave or fasting two consecutive months.

What are the pillars of valid Hibah (gift) contracts?

Declaration by donor, acceptance by donee or agent, and delivery/transfer of the property.

When may a Hibah made during terminal illness be treated as a will (wasiyyah)?

When the illness leads to death; gift is limited to one-third and requires heirs’ consent if made to heirs.

Which madhhab allows revocation of Hibah, though discouraged?

Ḥanafī.

State the maximum fraction of an estate that may be bequeathed by wasiyyah without heirs’ consent.

One-third of the net estate.

Can a will benefit legal heirs under Sunni law?

Only with the consent of the other legal heirs; otherwise it is invalid.

List the three fundamental elements of Faraid (Islamic inheritance).

Deceased, eligible heirs, and the estate.

What are the four grounds of inheritance in Faraid?

Blood (nasab), marriage, wala’ (patronage), and the public treasury (baitul-māl).

Give the fixed share of a wife when the deceased leaves children.

One-eighth (1/8).

What blocks a murderer from inheriting under Islamic law?

‘Killing prevents inheritance’; the killer is disqualified from the victim’s estate.

Define Taʿzir.

Discretionary offences and punishments not fixed by Qur’an or Sunnah, determined by the judge or legislator.

Provide three examples of Taʿzir offences mentioned in the notes.

Breach of trust, bribery, defamation (among others).

What maxim governs self-defence in Islamic law?

Proportional response: ‘Whoever transgresses against you, transgress against him in the same manner’ (2:194).

Under Hanafi view, who bears liability when murder is committed under compulsion?

Only the compeller is liable for murder.

Which Act limits Syariah Courts’ criminal jurisdiction in Malaysia?

Syariah Courts (Criminal Jurisdiction) Act 1965 – max 3 years’ jail, RM5,000 fine, 6 lashes.

What was held in PP v Mohd Nor bin Jaafar regarding state legislative power?

A state may legislate offences as long as they are based on Islamic teachings.

Describe the distinction between small and non-small estates in Malaysia.

Small estate: ≤ RM2 million with at least one immovable property; else, it is a non-small estate handled by the High Court.

Which statute governs distribution of small estates in Malaysia?

Small Estate Distribution Act 1955.

State two conditions for a valid will recipient (musa lahu).

Must be capable of ownership; can be an individual, charitable body, or a fetus that is later born alive.

What evidence types are primary for Hudud offences?

Confession and testimony of qualified eyewitnesses.

How many male witnesses are required for ḥadd theft?

Two sane, adult Muslim men.

What is the Qur’anic basis for amputation for Hirabah without murder but with theft?

Qur’an 5:33 specifies cutting hands and feet on opposite sides.

Define Arsh in hurt offences.

Fixed or discretionary compensation for bodily injury other than death.

When does forgiveness by heirs waive the death penalty in Qisas?

When they choose to forgive the killer or accept diyah instead (Qur’an 2:178).

Which hadith exempts minors, sleepers, and insane persons from liability?

‘Three persons are not accountable: the child until puberty, the sleeping person until awake, and the insane until sane.’

What legal maxim applies to changes in law due to changing times?

‘It cannot be denied that with the change of time, the requirements of law change.’

Explain the rule ‘freedom from liability is presumed’.

A person is presumed innocent unless proven otherwise; liability must be established with certainty.

What is Khalwat and its punishment type?

Secluded intimacy such as touching or kissing; punished under Taʿzir, not Hudud.

What is the evidentiary consequence of retracting a confession in Zina?

The case shifts from Hudud to Taʿzir.

How is sodomy (anal intercourse) classified by the majority of jurists?

Subject to ḥadd punishment similar to Zina.

What does the maxim ‘Hardship begets facility’ allow in Shariah?

Relaxation of rules under necessity or hardship.

List two Qur’anic verses progressively prohibiting intoxicants.

4:43 (partial prohibition) and 5:90 (total prohibition).

What portion does a single daughter inherit when there is no son?

One-half (1/2) of the estate.

What is Badal-al-Sulh?

Mutually agreed monetary compensation replacing Qisas or Arsh.

What does ‘Sariqah’ literally refer to?

The act of theft.

Under which circumstances can Syariah Courts hear a matter also covered by federal law?

Only when the offence is exclusively Islamic; otherwise the Civil High Court retains jurisdiction (Sukma Darmawan case).

Which verse instructs Muslims to obey Allah, His Messenger, and those in authority?

Qur’an 4:59.

What is the evidential standard for circumstantial evidence in Hudud cases?

It supports Taʿzir but is insufficient for Hudud punishments.

What type of property is eligible for ḥadd theft?

Valuable, movable property kept under secure protection and meeting the niṣāb value.

Who determines Taʿzir punishments?

The judge (Qadi) or legislative authority, within Islamic principles.