INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA

END OF SEMESTER EXAMINATION

SEMESTER 1, 2017/2018 SESSION
AHMAD IBRAHIM KULLIYYAH OF LAWS

Programme : Master of Comparative Laws

Reading Time : 2.30 p.m. – 2.45 p.m. Date : 4.1.2018

Duration : (15 minutes)

Answering Time : 2.45 p.m. – 5.45 p.m. Section(s) : All Sections

Duration : (3 hours)

Course Title : Islamic Criminal Law Course Code : SHA 6155

This Question Paper Consists of 4 Printed Pages With 5 Questions.

INSTRUCTIONS TO CANDIDATES
DO NOT OPEN UNTIL YOU ARE ASKED TO DO SO.
Answer THREE (3) Questions Only.
(Answer One question from Part 1 and Two questions from Part 2)

NO REFERENCE(S) ALLOWED

Any form of cheating or attempt to cheat is a serious offence which

may lead to dismissal.

APPROVED BY
 PART 1
(Answer ONE question only)

QUESTION 1

The punishment of imprisonment is not a comman punishment in Islamic law. Discuss the

history of the above punishment as practiced by Muslim rulers throughout the Islamic empires

and compare it to the way it is being practiced in any Muslim country.

(10 Marks)

QUESTION 2

Hudud can only be implemented in a country that has a just monetary system, where the

economy is not based on riba'. As long as we use fiat money, we cannot run away from riba'.

And so long as there is riba', the hudud cannot be implemented.

Discuss.

(10 Marks)

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 PART 2

(Answer TWO questions only)

QUESTION 3

"The Hudud punishments violate the norms of international human rights in many ways. It's

punishments are cruel, inhuman and degrading to humans and therefore should not be allowed

to be practiced in a modern civilised country."

a) Identify the relevant international human rights instruments which deals with such

punishments and explain how hudud punishments are allegedly in direct conflict with

these instruments.

(8 Marks)

b) How can Muslim States which have adopted or are planning to adopt the Islamic

Criminal Justice System, overcome this problem? Support your answer with relevant

examples and authorities.

(7 Marks)

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QUESTION 4

a) The concept of forgiveness has a very significant role in Islamic Criminal Law. In light

of the crime of intentional murder, illustrate how the concept of forgiveness operates in

an Islamic state. Highlight the legal basis for its operation and the hikmah behind its

application.

(8 Marks)

b) Explain the rights of non-Muslims in Islam and how the non-Muslim witnesses as well

as criminals are to be treated under the Islamic Criminal Justice System.

(7 Marks)

QUESTION 5

a) Compare the application of the Brunei Syariah Penal Code Order 2013 with the

application of Islamic Criminal Laws in Malaysia

(8 Marks)

b) Discuss the history of the application of Islamic Criminal Laws in the Malay Peninsular

and state.

How this affected the implementation of Islamic Criminal Laws after Independence.

(7 Marks)

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