Statement of Purpose and Copy Rights
This Code is a Waqf-trust- for the benefit of Muslims and Non-Muslims. Any person or entity may copy, use, print, or publish this code in full or in part. However, no one is allowed to claim the copyright of this code to the exclusion of others.
States’ Parliaments may contact the author for a consultation free of charge. The author is willing to travel anywhere to meet Parliament members and State officials to offer free consultation. No fee or payment of expenses is required.
The author invites Muslim Scholars to cooperate to enhance this model penal code either in length or in quality.
Author contact: islamicmodelpenalcode@gmail.com
Important Remarks
This Model Penal code focuses on Hudud, Qisas and a few examples of Ta’zir offenses. Rules of evidence naturally are not addressed in this code. However, it is vital to emphasize a few rules of evidence. The burden of proof in Hudud and Qisas offenses is beyond all doubt. Any doubt precludes the punishment of Hudud and Qisas. A legislature should enact parallel offenses-to Hudud and Qisas offenses- under Ta’zir category with a less rigid standard of proof. For example, a legislature should enact intentional homicide offense under Qisas category punishable by the death penalty. Death penalty may be imposed only if all Islamic requirements of proof are satisfied including two credible Muslims witnesses to the homicide -if the defendant is a Muslim- and there is no doubt whatsoever that the defendant has committed the crime. Also, the legislature should enact another offense of intentional homicide, under Ta’zir category of offenses, punishable by a less severe punishment than the death penalty, a term of imprisonment for example, if the Islamic rules of evidence for Qisas offenses are not satisfied. For example, if there is a trivial doubt that the defendant has committed homicide, he shall be convicted of intentional homicide punishable by imprisonment, because the Islamic rule of evidence holds that any doubt precludes the prefixed punishment for Hudud and Qisas offenses. Similarly, a person charged with theft may be punished under Ta’zir category if there is a trivial doubt because such a trivial doubt is sufficient to preclude the punishment of theft under Hudud category of offenses.
Exculpatory rules in Hudud and Qisas offenses shall be constructed broadly in a manner that minimizes the liability under Hudud and Qisas. However, this policy may not be followed in Ta’zir offenses.
Parliament may legislate Ta’zir offenses as needed, guided by the general rules of Islamic jurisprudence and, in particular, jurisprudence of Hudud and Qisas offenses. This code lists a limited number of Ta’zir offenses as examples.
Table of Contents
- Section 3.General Principles of Liability
- Section 3.1 Offense Element
- Section 3.2 The Legality Element
- Section 3.3 The Physical Element
- Section 3.4 Knowledge as a Basis for Culpability
- Section 3.5 The Mental Element: Actor’s Culpable State of Mind.
- Section 3.6 Causation: The Requirement of Contributory Link Between an Actor’s Action and a Result.
- Section 9. Assault Causing Bodily Harm
- Section 9. Assault Causing Bodily Harm
- Section 9.1 Intentional assault causing bodily harm
- Section 9.2 Punishment for intentional assault causing bodily harm
- Section 9.3. Quasi intentional assault causing bodily harm
- Section 9.4. Punishment for Quasi Intentional Assault Causing Bodily Harm
- Section 9.5. Mistake causing bodily harm
- Section 9.6. Punishment for Mistake Causing Bodily Harm.
- Section 10. Assault Causing Death of Unborn Child-feticide.
- Section 10.Assault Causing Death of Unborn Child-feticide.
- Section 10.1 An Unborn Child
- Section 10.2 Intentional Feticide
- Section 10.3 Mistake Killing of the Unborn Child
- Section 10.4 Punishment for Assault Causing Death of Unborn Child-Feticide
- Section 10.5 Assault on a Pregnant Woman That Does Not Cause Death of Unborn Child
- Section 12. Sexual Offenses
- Section 12.1 Mental Elements in Sexual Offenses
- Section 12.2 Consensual Illicit Sexual Behavior
- Section 12.3 Broadcasting Sexual Acts
- Section 12.4 Zina
- Section 12.5 Zina Punishment
- Section 12.6 The Act of the People of Lut
- Section 12.7 Bestiality
- Section 12.8 Zina, Bestiality and the Act of the People of Lut – Methods of Proof
- Section 12.9 Excuses Precludes the Execution of Punishment of Zina, Bestiality and Act of the People of Lut Offenses
- Section 13. Aggravated Insult – Qazf Punishable by Hadd
- Section 13 Aggravated Insult – Qazf Punishable by Hadd
- Section 13.1. Standing in Aggravated Insult
- Section 13.2Exemptions from Prosecution, Mitigating Circumstances and Pardoning the Offender.
- Section 13.3 Proof of Qazf Punishable by Hadd
- Section 13.4 Qazf by Hadd Rebutting Circumstances
- Section 13.5 Punishment for Qazf Punishable by Hadd
- Section 25. Forceable Theft of a Property – Hirabah
- Section 25. Forceable Theft of a Property – Hirabah
- Section 25.1 Forceable Theft of a Property Offense – Methods of Proof
- Section 25.2 Excuses That Preclude the Execution of Punishment of Forceable Theft of a Property Offense.
- Section 25.3 Homicide and Theft Occurring During the Commission of Forceable Theft of a Property Prior to Repentance.