PROJECT ON LEGAL HISTORY
MUSLIM LAW OF CRIMES- SALIENT FEATURES
ROLL NO: 859
SEMESTER- 1, NUALS
During the Mughal rule I n India, Muslim Criminal law was the law of the land for administration of criminal justice. The British administrators did not immediately disturb the status quo, and allowed the law to continue. The law, however, had a number of glaring defects. Its principles were not in accord with the British notion of justice, equity, common sense and good government. The British administrators were therefore gradually led to effect modifications in the Muslim Criminal law by using their power to make regulations.
The Muslim criminal law formally remained in operation in the mofussil of Bengal, Bihar and Orissa for over 100 years after the Company had taken over the administration. It underwent through so much of changes that when the Indian Penal Code was enacted in 1860 it could hardly be characterized as Muslim law.
It had transformed into Anglo-Muslim law of crimes and had detached itself from its base in Muslim jurisprudence.
MUSLIM LAW OF CRIMES: SALIENT FEATURES
The traditional Muslim criminal law can be broadly classified under three heads:
Crimes against god that included such crimes like apostasy, drinking, intoxicating liquors, adultery etc.
Crimes against Sovereign that included crimes like theft, highway robbery and robbery with murder.
Crime against private individuals such as murder, maiming etc. In other words, crimes against human body
Muslim criminal law arranged punishment for various offences into four categories, namely, Hadd, Tazeer, Kisa, which was commutable to Diya
Kisa could be translated as retaliation. It meant, in principle, life for life and limb for limb. It applies to cases of willful killing and certain types of grave wounding or maiming offences against the human body. Kisa was regarded...