First, I am looking for information about criminal and/or religious trials where Hudud or Hodood punishments could have been imposed, to be able to draw conclusions about the percentage of cases where such punishments are imposed versus the cases where the courts opt for other forms of punishment.
Second, I am looking for information about the actual application of the Hudud punishments, i.e. where and when was the judgment executed and a person's hand was cut off, or a person was flogged or stoned, versus cases where the judgment was pronounced but not executed.
Finally, for cases where Hudud punishments were imposed (and executed), I would like to find out whether the court followed Islamic law correctly, including the very strict requirements on evidence, or was motivated more by public opinion and external pressure, i.e. I am looking for the reasoning or motivation of such judgments to see whether the judges provide solid justification for their decisions.
Sources in Arabic are fine but for Urdu and other languages, I would need summaries in English, French, German, Spanish, or Italian.
Iranian parliament passed a new Islamic penal act last year. Part II of the act is titled "Punishments" of which chapter I is titled "Principal Punishments". The first article of this chapter (article 14) goes:
Although he deals mainly with international criminal law, some of M. Cherif Bassiouni's works might be helpful. Have you used Wael B. Hallaq's works, such as Shari`a: Theory, Practice, Transformations? These are just some general ideas. I apologize if these works are too obvious. Also, some regular reports of various human rights groups likely wold be useful with regard to actual implementation of hudud rules.
Thank you, Glenn! I am a big fan of the work of Bassioui and Hallaq. However, for my present research, I am looking mostly for raw data, which neither of them has been emphasizing in their publications...
Thanks, Frank, for your kind reply. I realize that your work is much too far along for my suggestions to be useful. Good luck with finding the data you are looking for.
I can only tell you some sources of law in Pakistan. Firstly, there is the Hudood Ordinance of 1979 which deals with crimes related with Adultery and rape (zina and zina bil jabr), theft, false accusations (Qazf) and prohibition (intoxicants). Beside the hudood ordinance there are some sections in the Pakistan Penal Code which are supposedly islamic, for instance article 295 dealing with Blasphemy and crimes against religion. The laws of qisas and diyat are included as well which are seen to be invoked very regularly in murder cases. The data regarding trials in the lower courts is very hard to collect, there is no organised system or database, mostly the sensitive issues are not dealt by the courts on merit but according to the situation, in order to escape any harsh outcome. The decisions of the higher courts can be found online on pakistanlawsite.com (however it is not free). The human rights commission of pakistan also in their reports issue some factual data which might be useful.
Appreciated colleague, let me you suggest these books
SCOLART, Deborah, L’islam, il reato, la pena. Dal fiqh alla codificazione, Roma, Istituto per l’Oriente, 2013, 424 pp.
PAPA, Massimo, Afghanistan: Tradizione giuridica e ricostruzione dell'ordinamento tra Sari'a, consuetudini e diritto statale, Giappichelli Editore, 2006
You can find all the information related to the criminal law in Islamic law books.
Hayati, I have the theoretical information (my personal library on Islamic Law is far better than our university's by now) but what I am looking for is the practice part, the actual application of the law in specific real cases...
Dear Professor, I wonder if you still working on this issue? If yes, I may help.
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