Reforming Hudud ordinances to reconcile Islamic criminal law with international human rights law

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dc.contributor.advisorAmien, Waheedaen_ZA
dc.contributor.authorGabriel, Mark Aen_ZA
dc.date.accessioned2017-01-30T10:53:19Z
dc.date.available2017-01-30T10:53:19Z
dc.date.issued2016en_ZA
dc.description.abstractInternational human rights laws are grossly violated by the hudud ordinances, with their extremely cruel punishments, including stoning for adultery, beheading for apostasy, and amputation for theft. Pakistan, Sudan, Brunei Darussalam and Saudi Arabia, for example, follow the doctrines of the four main Sunni schools of jurisprudence and enforce hudud ordinances, thereby violating some of the core international human rights law instruments to which they are State Parties. Orthodox Muslims generally defend the hudud ordinances, claiming that they are divine and immutable. This study refutes the aforementioned claim and demonstrates that it is legitimate and possible to reform hudud punishments to reconcile them with international human rights law. The thesis differentiates between Shariah and Islamic law. It argues that Shariah refers to the divine rulings recorded in the Qur'an and correct Sunnah, while Islamic law is not fully divine, for it includes also such prescriptions that have been developed by the human effort of Islamic jurists. The thesis demonstrates that reformation is an Islamic concept that requires that Muslims read the teachings of the Qur'an and the Sunnah in the context of their own time and environment. It is postulated, therefore, that the rulings of Islamic law need to be examined in the light of the Qur'an, the correct Sunnah and the Islamic core values promoted in them. These include several internationally protected human rights, such as the right to life, equality, and freedom of religion. The thesis points out that the main purpose of Shariah is to serve the benefit of the people and to protect them from harm. To this end, Shariah has provided the Islamic principles of reality and necessity. These require that the reality of life and the needs of the people be considered at all times. If necessary for the sake of the people, the principles allow for exceptions to be made to even definite provisions. It, further, demonstrates how these principles can be applied to reform the hudud ordinances to reconcile them with international human rights law.en_ZA
dc.identifier.apacitationGabriel, M. A. (2016). <i>Reforming Hudud ordinances to reconcile Islamic criminal law with international human rights law</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Public Law. Retrieved from http://hdl.handle.net/11427/23724en_ZA
dc.identifier.chicagocitationGabriel, Mark A. <i>"Reforming Hudud ordinances to reconcile Islamic criminal law with international human rights law."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Public Law, 2016. http://hdl.handle.net/11427/23724en_ZA
dc.identifier.citationGabriel, M. 2016. Reforming Hudud ordinances to reconcile Islamic criminal law with international human rights law. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Gabriel, Mark A AB - International human rights laws are grossly violated by the hudud ordinances, with their extremely cruel punishments, including stoning for adultery, beheading for apostasy, and amputation for theft. Pakistan, Sudan, Brunei Darussalam and Saudi Arabia, for example, follow the doctrines of the four main Sunni schools of jurisprudence and enforce hudud ordinances, thereby violating some of the core international human rights law instruments to which they are State Parties. Orthodox Muslims generally defend the hudud ordinances, claiming that they are divine and immutable. This study refutes the aforementioned claim and demonstrates that it is legitimate and possible to reform hudud punishments to reconcile them with international human rights law. The thesis differentiates between Shariah and Islamic law. It argues that Shariah refers to the divine rulings recorded in the Qur'an and correct Sunnah, while Islamic law is not fully divine, for it includes also such prescriptions that have been developed by the human effort of Islamic jurists. The thesis demonstrates that reformation is an Islamic concept that requires that Muslims read the teachings of the Qur'an and the Sunnah in the context of their own time and environment. It is postulated, therefore, that the rulings of Islamic law need to be examined in the light of the Qur'an, the correct Sunnah and the Islamic core values promoted in them. These include several internationally protected human rights, such as the right to life, equality, and freedom of religion. The thesis points out that the main purpose of Shariah is to serve the benefit of the people and to protect them from harm. To this end, Shariah has provided the Islamic principles of reality and necessity. These require that the reality of life and the needs of the people be considered at all times. If necessary for the sake of the people, the principles allow for exceptions to be made to even definite provisions. It, further, demonstrates how these principles can be applied to reform the hudud ordinances to reconcile them with international human rights law. DA - 2016 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2016 T1 - Reforming Hudud ordinances to reconcile Islamic criminal law with international human rights law TI - Reforming Hudud ordinances to reconcile Islamic criminal law with international human rights law UR - http://hdl.handle.net/11427/23724 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/23724
dc.identifier.vancouvercitationGabriel MA. Reforming Hudud ordinances to reconcile Islamic criminal law with international human rights law. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Public Law, 2016 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/23724en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Public Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherHuman Rights Lawen_ZA
dc.subject.otherIslamic Lawen_ZA
dc.titleReforming Hudud ordinances to reconcile Islamic criminal law with international human rights lawen_ZA
dc.typeDoctoral Thesis
dc.type.qualificationlevelDoctoral
dc.type.qualificationnamePhDen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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