al-Shubuhat wa Atharuha fi al-Uquba al-Jinaiyya fi al-Fiqh al-Islami Muqaranan bi al-Qanun

al-Shubuhat wa Atharuha fi al-Uquba al-Jinaiyya fi al-Fiqh al-Islami Muqaranan bi al-Qanun (Doubts and Their Effect on Criminal Punishment in Islamic Jurisprudence Compared to Statutory Law) is a specialized legal treatise on Islamic criminal law authored by Mansur Muhammad Mansur al-Hifnawi al-Shubuhat wa Atharuha f…+1. The work examines the substantive and procedural dimensions of criminal liability and punishment in Islamic jurisprudence, focusing on the doctrine of warding off prescribed punishments through doubts (shubuhat), alongside comparative analyses with modern statutory legal systems al-Shubuhat wa Atharuha f…+1.

Purpose and Scope

The treatise aims to present the protective and procedural safeguards inherent in Islamic penal principles, drawing a systematic comparison between classical Islamic jurisprudence and statutory criminal legislations al-Shubuhat wa Atharuha f…. The author frames the principle of warding off fixed punishments (dar' al-hudud bi al-shubuhat) as a fundamental pillar ensuring justice and safeguarding individuals against unwarranted penalties al-Shubuhat wa Atharuha f…+1. In doing so, the book compares classical legal maxims—such as "certainty is not overruled by doubt" (al-yaqin la yazulu bi al-shakk) and the presumption of innocence—with contemporary criminal procedure concepts, such as interpreting doubt in favor of the accused and modern constitutional guarantees al-Shubuhat wa Atharuha f….

Structure and Contents

The work is organized into an introductory preliminary section followed by two main parts:

• Preliminary Section (al-Tamhid): Divided into two chapters, this part outlines the general theory of crime (al-jarima) and criminal offenses (al-jinaya) in Islamic jurisprudence, their classifications, and constitutive elements (the legal, material, and mental components) al-Shubuhat wa Atharuha f…+1. It also examines punishment (al-'uquba), its categories (prescribed penalties, retaliation, and discretionary sanctions), and key characteristics of Islamic penal legislation compared to positive law al-Shubuhat wa Atharuha f…+1.
• Part One: Doubts (al-Shubuhat): Comprising three chapters, it examines:
  1. Definitions and Principles: Linguistic and legal definitions of shubha, related concepts such as doubt, forgetfulness, and error, and the scholarly positions regarding the effect of doubt on fixed penalties (hudud) al-Shubuhat wa Atharuha f…+1.
  2. Doubts Affecting the Elements of Crime: The impact of doubts on the legal element (shubhat al-dalil, shubhat al-haqq, and shubhat al-milk) and on criminal intent, including ignorance of the law and coercion (al-ikrah) al-Shubuhat wa Atharuha f…+1.
  3. Evidence and Proof (al-Ithbat): The evidentiary standards in criminal cases, detailing confession (al-iqrar), testimony (al-shahada), and circumstantial evidence (al-qara'in), and how defects or ambiguities in evidence ward off fixed punishments al-Shubuhat wa Atharuha f…+1.
• Part Two: Fixed-Penalty Crimes and Their Doubts (al-Jara'im al-Haddiyya wa al-Shubuhat Allati Ta'tariha): Structured into five chapters addressing specific prescribed crimes, beginning with unlawful sexual intercourse (zina) and theft (al-sariqa), analyzing the specific doubts that mitigate or ward off the mandatory penalties in each offense al-Shubuhat wa Atharuha f…+1.

Publication

The book was published in its first edition in 1406 AH / 1986 CE by Matba'at al-Amana al-Sia wa al-Diq fi al-Ab….