Islamic penal
Statement of Purpose and Copy RightsThis Code is a Waqf-trust- for the benefit of Muslims and Non-Muslims. Any person or entity may copy, use, print, or publish this code in full or in part. However, no one is allowed to claim the copyright of this code to the exclusion of others.States’ Parliaments may contact the author for a consultation free of charge. The author is willing to travel anywhere to meet Parliament members and State officials to offer free consultation. No fee or payment of expenses is required.The author invites Muslim Scholars to cooperate to enhance this model penal code either in length or in quality.Author contact: islamicmodelpenalcode@gmail.comImportant RemarksThis Model Penal code focuses on Hudud, Qisas and a few examples of Ta’zir offenses. Rules of evidence naturally are not addressed in this code. However, it is vital to emphasize a few rules of evidence. The burden of proof in Hudud and Qisas offenses is beyond all doubt. Any doubt precludes the punishment of Hudud and Qisas. A legislature should enact parallel offenses-to Hudud and Qisas offenses- under Ta’zir category with a less rigid standard of proof. For example, a legislature should enact intentional homicide offense under Qisas category punishable by the death penalty. Death penalty may be imposed only if all Islamic requirements of proof are satisfied including two credible Muslims witnesses to the homicide -if the defendant is a Muslim- and there is no doubt whatsoever that the defendant has committed the crime. Also, the legislature should enact another offense of intentional homicide, under Ta’zir category of offenses, punishable by a less severe punishment than the death penalty, a term of imprisonment for example, if the Islamic rules of evidence for Qisas offenses are not satisfied.
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