مفهوم الجریمة فی الفقه الاسلامی و القانون الوضعی Meaning of Jareema in Islamic Jurisprudance and Statute Law

Abstract

Islam divides crimes into three different categories depending on the offence. 1. “Hudud” that crimes which punishment is fixed in the Quran and the Hadith. 2. “Qisas” crimes against an individual or family. 3. “Tazir” crimes which punishment is not specified in the Quran and Hadith, it is left to the discretion of the ruler. The man-made law defines crime as an offence against the public where it on the contrary, in Islamic criminal law, it also covers the rights of individuals as well as the rights of society. In this article the meaning of the Jareema has been analysed and discussed with the context of Islamic terminology of crimes. The article focusses the point that the crime which hurt or damage the humanity in any aspect is accountable and punishment should be imposed according to the law.