Islamic concept on Crime is Universal
Any unlawful act for which punishments have been provided directly or indirectly by any constitution religious or nor religious either fixed or discretionary is known as a crime. There many concepts in circulation regarding crime, some are western based and some are non western based.
In other words we can explore that some are Islamic based and some are non Islamic based. In this introduction to crime there are a number scholars who believe it as a multi dimensional subject and explain its basis in their own way to teach people the in a peculiar way.
The western concept of crime is neither universal nor permanent and perpetual. It is subject to changes and fluctuations from time to time from place to place but the case of Islamic concept is altogether different.
Islamic concept of crime like all other concepts is universal, permanent, unchanging and unanimous among all scholars and schools of law. Islam believes that crime is an unlawful act and it is universally considered same and a universal punishment should be prescribed.
Islam has described crime as universal due to the facts that man is naturally same. The thing, act and deeds he does will be obviously same. Constitution of man physical, chemical and spiritual composition of mankind is universal so a unidirectional law should be put forth to follow. Same kinds of punishments should be implemented to control the evils universally without caste, creed and colour and religion.
As per the Islamic concept of nature mankind is composed in such a way that his inner self will always propel him to good deeds, it is called ‘fitarat e saleem’. The crime is therefore an act of omission not against divine law and it’s direction only but is against its own will and inner capability.
Shariah is a constitution (combination of laws) formulated as per the nature of human being and as per his inner capacity that alarm him from time to time, aware him against the wrong even redirects him and classifies the wise and virtue in front of him.
Imam Zamakh Sheri writes “as per the capacity of man, crime should be treated universally and should be handled universally.” Al-TASHEER-UL-JANAH says “A crime is the universal commission or omission of an act which is forbidden by the Shariah and universal is recommended for it.”
As per the Islamic definitions we can easily conclude that according to Islamic law, crime is constituted of three ingredients. Commission or Omission of an act, Violation of a specific law and the prescription of punishment. It is now clear that the crime involves a violation of Shariah which any one does from his inner capability.
As per Islam if it is a violation of clear text of Shariah, ie Quan, Sunnah and Ijma-e qatee, it is known as express violation and if there is violation of rule of a secular nature formulated by the state authorities under the legislative power granted by the Shariah, it is known as implied violation because it is assumed to be a transgression of the Quranic order.
The worthy universal constitution Quran spells out suggestions and prescriptions regarding crime in many ways as an example we can take a verse from Chapter 4 Allah says “O, yee, who believe obey Allah, obey Prophet (SAW) and those who are in authority. On the basis of the arguments, if the administrative laws, rules, regulations and policy matters framed by an Islamic state for the general welfare, betterment and promotion of public health are violated they would come within the purview of crime because it is an indirect violation of authority and objectives of the Shariah. Besides, these violations constitute legal infringements in all systems of laws.
There are many acts and omissions in various penal systems that are criminal in technical sense but do not strictly posses criminal character. Such offences as violation of traffic rules, breach of building by laws etc., do not come under the actual concept of crime, as they involve no breach of common morality.
Such breaches of law are known under French law as contravention under the English law as “petty misdemeanor” but can be generally termed as summary of offences ‘some writers speak of them as mala prohibit as distinguished from mala inse’ Continental jurists sometimes speak of crimes ‘De driot commun’ eg offences common to all system of laws are distinguished from offences which are crimes only in a particular penal laws.
Crime means an offence done by in born capability because man is constituted in such a way that he can differentiate the crime from all other acts.
(The author hails from Tangmarg. He can be reached at email@example.com)