al-Mukhtasar fi al-Jinayat wal-Hudud wal-Qada
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Al-Mukhtasar fi al-Jinayat wal-Hudud wal-Qada (The Summary on Felonies, Prescribed Penalties, and Judiciary) is an Islamic legal treatise authored by the contemporary Saudi scholar Khalid al-Mushayqih, serving as the fourth installment in his instructional series of jurisprudence summaries (Mukhtasarat al-Fiqh).
Purpose and Methodology
The work was composed as an abridged reference written in accessible phrasing and clear expression to make the subject reachable for general audiences and practical for instruction in scholarly circles. The author grounded the legal positions directly on textual and deductive proofs, drawing primarily upon the Quran, the prophetic Sunnah, scholarly consensus (ijma'), sound analogical reasoning (qiyas), and the reported rulings of the Companions.
Contents and Structure
The book addresses the legal regulations governing criminal law, penalties, and judicial processes in Islamic jurisprudence:
- Felonies (al-Jinayat): Covers the sanctity of human life, bodily integrity, and property as core universal necessities (al-daruriyyat al-khams). It details the classification of homicide into intentional (al-'amd), quasi-intentional (shibh al-'amd), and accidental (al-khata'), along with their distinguishing legal elements. It also elaborates on the conditions and underlying wisdom of legal retribution (qisas), liability of the agnatic group (al-'aqilah), financial compensation (diyah), and expiation (kaffarah).
- Prescribed Penalties (al-Hudud): Examines fixed statutory punishments and discretionary corrections (ta'zir) defined by Islamic penal law.
- Judiciary (al-Qada): Explains principles of legal adjudication and the settlement of disputes.
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