Structural Characteristics of Islamic Penal Law By Hedeaki Homma. Niigata, Japan: International University of Japan, 1986, 104 pp. (Institute of Middle Eastern Studies, Working Paper Series No. 6).

Abstract

This book, submitted initially as a master's thesis to the Institute of
Middle Eastern Studies and then published as a working paper, consists
of four chapters and a conclusion. The first three chapters are devoted to
discretionary (ta'zir) and prescribed (hadd) punishments, as well as those
for injury and murder. The last chapter discusses themes in the philosophy
of punishment, their relevance to Islamic and western law and, to
a lesser degree, provides comparisons with Japanese law. The two main
objectives, as stated on the first page, are "to scrutinize the nature of the
Islamic penal system and . . . investigate the possibility of applying it to
the Islamic countries."
The author advances the theme that, in general, penalties in Islamic
law are predicated on defending and safeguarding the interests of the
Muslim community (i.e., the ummah Islamiyah, as the author frequently
calls it). As the family is its stable foundation, threats to its integrity (i.e.,
illicit sexual relations [zinaJ and slanderous accusations [qadhf)) are
punished severely to protect the community's morality (pp. 34, 38).
He says further that Islamic penal law has a dual structute. The first
level consists of pt.escribed punishments (hadd), retaliation (qisas), and
blood money (diyah), while the second one is that of discretionary punishments
(ta'zir). The main purposes of the former are deterrence and
personal retribution, whereas those for the latter are more versatile, as
they cover all tmnsgressions and can be applied as additions or altematives
to first-level punishments ...