al-Jinayat fi al-Fiqh al-Islami Dirasah Muqaranah bayn al-Fiqh al-Islami wa al-Qanun
- Author died
- 1439 AH
- Editions
- Dār al-Kitāb al-Jāmiʻī
al-Jinayat fi al-Fiqh al-Islami Dirasah Muqaranah bayn al-Fiqh al-Islami wa al-Qanun (Offenses in Islamic Jurisprudence: A Comparative Study between Islamic Jurisprudence and Law) is a work on Islamic criminal jurisprudence by Hasan Ali al-Shadhili (d. 1439 AH / 2017–2018 CE), examining offenses against human life and physical integrity through a comparative legal framework .
Composition and Purpose
The author completed the first edition of the book in Cairo on 6 Shawwal 1390 AH (5 December 1970 CE) while serving as a lecturer in comparative jurisprudence at the Faculty of Sharia and Law at Al-Azhar University . He completed the second edition on 19 Dhu al-Hijjah 1397 AH (29 November 1977 CE) after becoming head of the Department of Comparative Jurisprudence at the same faculty . In the second edition, he incorporated several new research topics, including offenses against the fetus (al-jinayah ala al-janin), the collective oath procedure in homicide cases (al-qasamah), the medical and bodily utilization of living or deceased human bodies, and the detailed rulings governing offenses against less than life .
Al-Shadhili stated that he selected the classification and rulings of criminal offenses because the topic represents an essential branch of legal and jurisprudential studies that had received comparatively less research in modern scholarship, aiming to demonstrate how Islamic law protects societal interests and prevents harms .
Structure and Scope
The work is organized into an introduction and two main parts:
- Introduction (Tamhid): Covers the linguistic and legal definitions of crime (jarimah) and offense (jinayah), along with the distinguishing characteristics of penalties in Islamic jurisprudence .
- Part One (al-Bab al-Awwal): Details the categories of offenses against the life of another (al-jinayat ala nafs al-ghayr) and their prescribed legal penalties .
- Part Two (al-Bab al-Thani): Details the categories of offenses against bodily integrity falling short of life (al-jinayat ala ma dun al-nafs) and the penalties assigned to each .
Method
The treatise adopts a comparative methodology encompassing the various Islamic schools of law (madhhabs) as well as positive statutory legislation in Egypt and other countries . Within Islamic jurisprudence, the author reviews the positions of the jurists, presents the textual evidence supporting each view, analyzes their arguments, and weighs them to determine the preponderant ruling (tarjih) based on classical legal principles . He then compares these findings with positive statutory law, critiquing secular penal legislation and arguing that it contains defects that have contributed to rising crime rates and weakened public security .
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