Section-1: Key Concepts

Crime: Act punishable by law, or an act against ‘ social order’ (disobedience) and require serious
condemnation. As, in Greek expression Krimos mean Social Order, in Latin Crimen mean ‘ to charge’.
E.g. Robbery, Rape, Theft, Cyber Crime; Marriage Law, Traffic Laws, new Citizen Protection Rules , 2020
for internet. Or Vandalism, graft, arson, jaywalking, etc.

For Evidence: The Daubert Standard/Ruling: Testable, peer review, error, relevant, standard and
acceptance.

All Crimes are deviance, but not all deviances are crime.

Thus, it is defined by society/public opinion (Sound Pollution) and culture, as Terence Morris say crime
is what society says is crime. Early days cocaine on Victorian Pharmacy in US.

William Blackstone definition ‘‘ An act committed or omitted in violation of public law for forbidding or
commanding it”

James Stephen definition “ Act forbidden by law and revolting to the moral sentiments of the society.”

Multidimensional: International (online-hack, Stuxnet, Botsnet) , Criminizaliation of Terrorism, Virutal

( Cyber-bullying)

Crime: Desire + Ability ( Sound Mind, not a child ) + Opportunity

-Felony: Serious Classification of Crimes, punishable by incarceration of more than a year in

penitentiary, life imprisonment or capital punishment, without parole. E.g. Rape, Murder, Grand Theft,
Arson, Homicide, White Collar crime, abusing a congressman in US.

-Misdemeanor: Lessor intense form of felony, maximum 12 month of prison, may include fine,
probation, community service etc. Slapping is a Misdemeanor but Beating with bat or iron rod is a felony
more examples; possession of weapon, public drunkenness, require written law violation. Others;
Shoplifting, Trespassing, Vandalism

-Infractions: they are also called violation, but petty offences punishable by fine but not jail. E.g.
breaching traffic signals, drinking in public, disturbing the peace, building permits without permission,
lack of sanitation in Food points) Other Jaywalking, Littering

“The deviant and the conformist...are creatures of the same culture, inventions of the same
imagination.” ― Kai Erikson

“Every society has the criminals that it deserves.”

― Havelock Ellis

Crime and Criminal:

Types of Crimes:
Crime against person: (Personal Crime Murder, assault, rape and robbery, unevenly distributed in age
segment, social class, social strata)

Crime against morality: (Victimless crimes as no complainant or victim e.g. prostitution, illegal gambling,
illegal drugs, force marriages, rape )

Crime against property: (property damage but no bodily harm, e.g. Arson, Vandalism, Larceny, theft,
burglary. Regardless of class and race.

White Collar Crime: Coined by Edward Sutherland .Committed by people of high social status in context
of their occupation unlike street crime , e.g. Embezzlement, Money Laundering, Tax Evasion, Perjury,
Graft ( Transparency International; 2019 rank pak at 120 th) Difficult to detect as protected by privileged,
violation of trust. E.g. Bill Clinton impeachment.

Organized Crime: Committed by Structured groups involving distribution and sale of goods and services
e.g. Mafia, Cartel, pave the way for weapons smuggling, mooney laundering, illegal gambling and drug
trafficking. Sub-types Gang Criminality ( kidnapping, extortion , robbery), Racketeering ( coercive
extortion under pretense of protection money i.e. drug peddling, liquor trafficking, gambling) Syndicate
Crime means furnishing illegal goods/service by an organized criminal group i.e. Mafia (call girls, liquor,
drugs) they avoid using violence.

Corporate Crime:

John Braithwaite (Australian) defines as

“the conduct of a corporation or employees acting on behalf of a corporation, which is proscribed and
punishable by law”

E.g. Hartung in ‘Prophets of War’ mention Lockheed Martin.

Types of Corporate Violence;

Violence against Workers ( lack of safety/environemnt Measures US factories, below set wage, sexual
abuse,)

Violence against consumers ( Du Point, Ford forging carborator rating for Co2 combustion) ,

Corporate Pollution ( ‘ forever chemicals by or PFAS level Du Point (2017) case $670M settlement ),

Economic Corporate Crime ( Price fixing (Timber Cartel), False advertising (doesn’t violate criminal or
civil law but corporate law) i.e. Ford Case, Monopoly i.e. US Vs Microsoft (2001))

CyberCrime ( Tech related e.g. Snoweden case, cyber bullying, info leaks ,FB case (2019))

Hate Crime ( populism, prejudice against race, gender, religion for 2016 Trump and Hindutva)

Causes of Crime/Criminogenic:
Socialists agree no one is born criminal.

Factors:

Psychological ( affected by hereditary quality as per Mr. Dugdale, mental instability or mental defectives
called by Martin Barr, any event shaping it, or mental stress Faris and Dunham, 1939 , M. Lombroso call
one stage behind it epileptic) strong contendor to psychological factor remained Durkheim.

Geographical (M. Huntington say those born in winter are more likely to be criminal than those in born
in summer, and M. Lombroso developed a calendar to show the relation of crime such as Homicide in
July, Jan to April for Child murder.

Biological: Lombroso for epileptic and physiognomy , and mental defectives by Martin Barr.

Sociological (Each society has its own though organized society has less chances, factors behind it
Migration, Political Instability, Demographic Changes and Economic Conditions) Strong Proponent
remained Emilie Durkheim ( Suicide Theory, 1970).

Circumstantial (Family, disrupted family, family size, matrilineal or patrilineal, values, patrilocal or
matrilocal, child rearing, patriarchy) ( Determinism, pathology)

Other: Education, unemployment, urbanization, class conflict, cultural conflict, Self-control, organization
units, Prison System (No rehabilitation, Poor Juvenile Justice system, poor rehabilitation system),
Sensationalism of Crime, ethnocentrism, racism, population explosion, Law and Reinforcement
Deficency. “ Germ-plasm theory” called as heredity.

Criminals:

Mr. Havelock Ellis in his work “ The Criminals “ described criminals as habitual criminals, occasional
criminals, criminal by passion, born criminal, insane criminal, the instinctive criminal and the
professional criminals, although no empirical data was provided to prove it. However, a scientific
approach in “ The Criminals” of August Drahms (1900) defined criminals into instinctive criminal,
habitual criminal and first offender. Thus, of two types inborn or instinctive (psychological). Instinctive
are those who can’t adjust to social order due to inherent or inborn defect. Habitual mean under
influence of environment, and First offender who is new. “Degenerate” called as “ Bad mental
Machines” and “Derelicts” those who have lost their way. So, Instinctive are degenerate due to inborn
defect, or epileptic as Lombroso call it whilst Martin Barr call it “Mental Defective”. Whilst, recidivism
and incorrigibility lead to Instinctive criminal/professional. For Habitual, an astray like in slums under
environmental condition ( Determinism & Pathology) can be a normal susceptible person. Who go this
path as society leave no better incentive/alternative, but reformative even above 30s age. Lastly, third
Offender are also weak person and prone to becoming a professional, occasional or habitual criminal.
While Single Offender who is not weak may be called criminal by passion.

Deviance
Behavior against accepted standards of society, and person is called Social Deviant, Less severe
punishment than Crime. Emilie Durskheim define it as an essential part of society, for clarifying social
norms i.e. Anomie a social instability arising from unclear norms and values. Thereby it’s a Social
Construction.

Types by Lemert (1967): Primary Deviance ( Trivial; office stationary item stealing) and Secondary
Deviance ( Speed-limit or classifying as mentally ill ) thus, germinate Self-fulfilling prophecy (reinforce)
as per Label Theory.

Howard Becker (1951) article ‘ Becoming a Marijunna user’ define defiant behavior more from social
audience reaction, interactional process leading to application of defiant label.

Categories as per Becker (1963) as ‘Outsiders’: Falsely Accused (obedient but termed as deviant),
Conforming Obeident), pure deviant (involved in deviance) and secret Deviant (under veil).

All Crimes are deviance, but not all deviances are crime.

E.g. Breeching The traffic signal, Loud Music, Marriage Hall closure before 10pm, Birth Control in Roman
Catholic Church, gang or cult formation

In some instance individual don’t get caught and cover their tracks. ( Secret Deviant)

Sometime audience is powerless to apply deviant behavior. ( Tyrant, Dictator)

Sometime individual can resist because other can protect their non-deviant identity. ( Transgender
Marriage under Obama)

Criminology

“Somewhat like a parasite, criminology attaches itself to its host subjects.” - Stan Cohen

Branch of Social Science that deals with scientific study of Crime, Causes of Crime, Frequency of Crime,
responses of law enforcement and methods of prevention. Overlap Statistics (age, segments), biology
(gender, age), psychology, economics (poverty, unemployment), and anthropology (human nature)

Sub-branches: Penology, Bio-criminology, and Feministic Criminology.

Pakistan Reference:

1. Extrajudicial killing and Impunity to Law enforcement agencies.

2. Prison torture and non-delivery of basic facilities.
3. Organized Crime in Karachi: Syndicate Criminality, Gang Criminality, Sugar Mafia, Timber Mafia,
Street-theft and juvenile delinquency.
4. Criminal Procedure Code simplification and time-frame needed, Qanoon Shahdaat need
inclusion for confessional evidence and circumstantial evidence.
5. Right Punishment for right crime and time need reform for Pakistan Penal Code, and Section
6(4) of JJSA abolition for discrimination as it allows bail for heinous crime.
 6. Military Superlegality: Aid for Civil Power Act, 2011 gave perpetual detention on civilizan
especially in FATA and Army Act of 1952 Trials.

Criminality

Actual Characteristics of a person i.e. Impulsive (Past Criminal Records of a person) or state of quality of
being criminal ( Merriam Webster)

Criminal Law and Civil Law:

Criminal Law deals with crime that constitute violence against the public. i.e. murder ,theft, assault

Civil Law constitute injury towards individual and private property like corporation. E.g. Defamation,
Trespassing private property, negligence.

Crime and Offence:

An act that brings harm in society, by violation of criminal and civil law. An offence is only punishable if
its cognizable offence. Offence must be prescribed.

Cognizable Offence (Arrest without warrant in First Schedule, Investigation without Magistrate
permission, no permission for recognizing and recording FIR from Magistrate, serious in nature i.e.
Kidnapping, Murder, Arson, and Rape)

Non-cognizable Offence ( Need arrest warrant, need magistrate permission for FIR record and
recognition, e.g. Assault , Cheating and Defamation.

Sin

Religious term defines as an offence against God, a transgression against the divine law and any thought,
desire, word, an act or omission against the law. In pedigree, the old testament (Hebrew) and new
testament (Judaic State) of human collective sin. E.g. Actual Sin (word or deed) and Original Sin (moral
vitiation). E.g. Fornication,

Vice:

Unlike crime, vice is categorized as self-damaged. Moral depravity or immorality is its offence. Vice is
opposite to Virtue e.g. Gambling, prostitution, drinking, fornication, suicide.

Evil:

It includes all natural and moral evils. Mainspring and motive behind it is evil , mischief, malevolent,
deleterious, hostile, under it character, events and actions are labeled. i.e. evil plant & evil person. As,
David Hume says all good is god and all bad is evil ‘ Dialogues Concerning Natural Religion’ (1789).

Classical Theory:
In 18th and 19th century, it was concerned with establishment of reformed, equitable, efficient system of
justice (Beccaria and Bentham).

A fairer, regulated Social Order; punishment greater than the pleasure.

Rational thought (Free Will), and standardization of punishment.

Human have some inalienable Rights (justice).

Social Contract between State and Human.

Focus on Criminal Act than Criminal Actor under the rational, codified legal order. ( John Tierney, 1996)

Criticism:

Not addressing the causes. ( or prevention or cure)

standardization led to criminal act not to criminal actor. ( Criminal Justice System or Juvenile Justice
System, or Abnormal person commit a crime, drunk or under duress or abnormal/mental)

Behavior as a choice rather than result of internal and external forces product. ( abnormal or mental
stable. (Determinism & Pathology missing. Jeffery (1960) & Matza (1964)

Consensus on Classicism until 1960s, as not real criminology but ‘Administrative and Legal Criminology’
(Vold, 1958)

Modern/Positivism Theory:

Conflation of ‘governmental project’ (criminal justice system) and ‘Lombroso project’ via physiognomy
(face). And atavism.

(right amount in right type; punishment)

Start of scientific criminology; empirical methods and analysis of statistics.

Proponent: Durkheim, Auguste Comte, Lombroso (1876), Ferri (1895) and Garofalo (1914) mostly
scientific led.

‘Psychiatric Medicine and research locked into penal imperative.’ ( John Tierney, 1996)

Prison as laboratory find both cause and cure of crime.

Consensus on Classicism until 1960s, as not real criminology but ‘Administrative and Legal Criminology’
(Vold, 1958)

‘Voluntarism’ (people and their social world) in accord with ‘Free will’ of classical criminology.

Psychological thus difference of thinking, Biological say inborn criminal or instinctive criminal
( Drahms,1900)
 Solution at first place by Jeffery (1960) and Matza (1964): Determinism (factor outside induvial control;
psychological, medical and social, no rational choice but circumstance), Differentiation (criminal and
non-criminal treatment in court on biological constitution,), and Pathology (on eve of differentiation, it
says something wrong on sociological, psychological and biological base).

Criticism:

They accepted uncritical official criminal report when treating criminal as subject.

In practice, it only reflects moral feeling, as tapping into public sentiments, and emphasizing on deviance
rather than crime, but Relativism remained unmet.

Environment vs Heredity. oR individual positivism (learning, biological) and sociological positivism (social
structure ,eco, political) . ( Pathology)

Sociological Perspective of positivism: 1.Crime is a social construct, society make criminals, crime
necessary for society to avoid anomic situation as per Durkheim. 2. Environment or determinism or
pathology as the root cause. 3. As, Criminal do social learning from social conflict and develop a social
disorganization. 4.They also include ethnocentrism, economic depression, social class, social conflict,
Media Sensualism, cultural differences leading to counter-culture, urbanization, sub-urbanization and
gentrification.

5. Howard Becker (1951) article ‘ Becoming a Marijunna user’ define defiant behavior more from social
audience reaction,

Biological Perspective of positivism:

Mental defective ( Martin Barr)

Lombroso say some are inborn criminal. (physiognomy and Atavism) e.g. Italian prisoner and solider
contrast.

Instinctive Criminals as (Drahms, 1900)

Classical School of Thought.

It says criminology must be studied on individual characteristics rather than societal

expectation/reaction (Opposite to (Becker, 1951).)

They say under determinism, that behavior (positivist) are beyond individual control, criticizing Rational
thought of Classicism. ( Jeffery & Matza, 1960,1964)

Y Chromosome Theory: Another point is those who have an extra Y chromosome e.g. XYY or ‘Super
Male’ due 1:3 ratio in jail. As Germ-plasm.

William Sheldon Theory (1940,1942): On body shape categorize: endomorph (fat & soft), ectomorphic
(Thin & fragile), mesomorphic (Muscular: Crime Chances high).
Classification:

1. Differences on basis of physiognomy (Lombroso) and atavism or outward physical traits.

2. Differences on genetics or hereditary characterizes. E.g. Instinctive Criminal a hereditary defect
from ‘Classification of Criminals’. (Edward, 1911) or Dugdale.
3. Differences on basis of individual functional , structural or chemical differences in brain ( Martin
Barr) or body ( Lombroso) or “degenerate” and epileptic. (Edward, 1911)

Characteristics: Excessive check bones, long arms, large jaw, large jin, large lips, asymmetry of the face
or head or twisted nose, wrinkles. ( 5 for Men , 3 for Women; Lombroso)

E.g. Twin on basis of DNA are likely to be criminal under self-fulfilling prophecy maybe and Neuroscience
say criminal in brain originate less fear of consequence.

Psychological Perspective of positivist school of thought:

Owing to intelligence, personality, learning and criminal behavior in thinking process that dictate action
action. Other Psychodynamic, behavioral

Major Theories related to Psychology:

Psychodynamic Theory: individual early childhood experience influence likehood for crime.

Behavioral Theory: Gabriel Tarde behavior modeling and social learning(imitation). His perception affect
the behavior.

Cognitive Theory: Premise suggest individual perception and how it is manifested affect his potential to
crime. ( Sigmund Freud)

Four Aspects:

1. Failure in Psychological Development: Family Support, Nutrition, psychological (impulsive,

stubborn), under-develop conscience, irrational thinking (right or wrong).
2. Learned behaviors of aggression and violence: surrounding environment, family ,peer
group(social learning theory)
3. Inherent Personality Traits like recklessness, impulsive and anger behavior form criminal
behavior. (Instinctive Criminal as per Drhams, 1900)
4. Relationship of criminality to Mental Illness ; Mental defectives ( Martin Barr), personality &
psychological disorder.

Strain Theory (Anomie Theory):

In early development, Robert Merton in 1938 saw American society as materialistic derived but not
everyone was equally placed to achieve it thus it created Strain. So, for him crime didn’t resulted from
deviant behavior but from mainstream. Thus, property crime was result of inequality of opportunity,
whereby American society was criminogenic. Kennedy Administration saw fraternity with Merton
theory, so increasing opportunity will reduce it then. Cure: ‘Operation Head Start’ (Affirmative Action)
and ‘Mobilization For Youth’ or Youth Employment delinquency prevention program.

It say conformity to standard cultural values when social structure is effective and provide legitimate
opportunities, otherwise it leads to crime.

Emilie Durkheim certain defiance is necessisity for realization of Strain or anomie.

Criticism:

Corporate Crime show social connection thus it foster crime.

Marxist say it is unfair to blame marginalized who themselves are deprived of opportunities.

It emphasize on Bond (Travis Hirschi,1969) or Deviance/conformity rather than Criminal Justice System.

Push and Pull factors such as peer group, institution, economic depression.

Structuralism say look at whole social structure i.e. govt, poverty, unemployment, working hour, etc.

Social Control Theory:

It states if individuals have strong bond with society, they will not commit crime. As, values, norms, and
beliefs to uphold encourage them not to break them.

This theory is adapt to Hobbesian view of human nature in ‘Leviathan’ (Thomas Hobbs, 1651) as all
choices are constrained by implicit social contract: agreement and arrangement. Jean Rousseau also
agree to this. This help avoid anarchy, crime and delinquency. Thus, if moral codes are internalized and
individual know their stake in the wider community they will voluntarily limit themselves from deviant
acts.

Morality attached as cost and consequences to certain choices and defining some evil and immorality.

Conformity/Bond is developed by rules of society, socialization ties of social institutions e.g. family,
friends, schools, justice system, religion/pantheon. Otherwise, breakdown of social institutions like
government, police, family, religion foster crime as evident after 1960s as Travis Hirschi (1969) say.

Thus, identify element of bonds, locate relationship b/w person and institution to control defiance and
delinquency. Travis Hirschi (1969) Bond Theory: Attachment (People), Commitment (Rules of society),
Involvement(Typical Social Behavior: Silence on death but dance in Prampram, Ghana),and Belief (social
institution). From ‘Causes of Delinquency’ (Hirschi, 1969)

Travis Hirschi say Individual may deviate from social control by; Skill, Secrecy, Symbolic Support and
Social Support.

Hirschi (1969) also indicate young, single and male mostly in this behavior, rather than those un-married
and involved in social institutions.
Peer can control & provoke the natural capacity contrary to Social Learning.

Difference With Other theories:

Deterrence Theory: It says crime control is found in swiftness, severity and certainty of punishment in
legal system.

Rational Choice Theory: This theory focus on cost and benefit that individual realize both in Classicism
( Free Will) and Positivism ( Voluntarism)

Control Theorist: Social Control theorist accept importance of punishment but ignore the punishment
of the legal system questing their role in control of crime.

Criticism:

Rejected by sociologist as obvious in criminology, (Tierney, 1996)

Law & order styled for discipline and punishment which liberal-sociologist found irking.

1984 by George Orwell may lead to Totalitarianism.

Social Learning Theories:

Cultural deviance or social learning ( Albert Bandura) say there is no natural capacity for crime, in their
purview, both crime and conformity is a product of socializing influence. It say crime must be learned
unlike Social Control theory that say crime is natural. Peer exert pressure, family exert pressure and if
influences are removed, crime won’t incur.

At heart, 1. People learn from observation (Criminal Neighborhood, psychodynamic), 2. Internal mental
states matter ( Martin Barr; Mental Defectives, ) 3. Learning not always result in change of behavior
(Recidivism)

Dimension: Cognitive, (also serve as bridge) behavioral and environment.

Labelling Theory:

Labeling or  “symbolic interactionism, find it consonance and origin from Marten’s Self-fulfilling
prophecy and Becker work ‘ Outsider’ (1963), as per labeling theory deviance is not inherent but an
outcome of response to that behavior by social audience; for they construct social reality as deviant.
(Blumer, 1969)

Howard Becker (1951) article ‘ Becoming a Marijunna user’ define defiant behavior more from social
audience reaction, interactional process leading to application of defiant label. Two key points: Anti-
deterministic stance and Successful labeling by social agents.

Other outcome under deviance:

In some instance individual don’t get caught and cover their tracks. ( People in Power )

Sometimes audience is powerless to apply deviant behavior. ( Tyrant or Dictator )

Sometimes individual can resist because other can protect their non-deviant identity. ( Transgender
Marriage until Obama )

Categories as per Becker (1963) as ‘Outsiders’: Falsely Accused (obedient but termed as deviant),
Conforming (Obedient), pure deviant (involved in deviance) and secret Deviant (under veil).

Social Disorganization Theory:

It stemmed from Research in Chicago by Shaw and McKay (Shaw & McKay, 1942).

Spatial maps of juvenile study.

Crime is unequally proportioned in areas.

“Crime-prone Groups” moving into peaceful areas don’t raise crime level.

Socio-economic structure or “ Zones of Transition” doesn’t affect crime but affect Population Turnover.

Residential mobility and Heterogeneity makes up “Socially disorganized “ , neighbors where institutions
are weak. ( Socio-economic status, residential mobility and racial heterogeneity)

“Socially Disorganized” produce “criminal traditions”; delinquency, crime transfer from old to juvenile
as no behavioral control mechanism.

Modern Framework by Bursik and Grasmick ( Bursik & Grasmick, 1993 & 1996). From mid to late 1990s.

1. System Model of Social Disorganization [ Private Sphere (friends & family), Parochial Networks
(secondary group) & Pubic Sphere (institutions)] (Criticism and solution with further extension)
2. Collective Efficacy ( Sampson argued Social Disorganization will limit Social Capital and Collective
efficacy that leads to solidarity ( Mechanical & Organic; Emilie Durkheim) and likehood to
control undesirable behavior within neighbor. Thus, limiting its spread to other nieghbour.
(Criticism)

Other Processes in effect: Family Process, Neighbor Process, and Social Disorganization & Economic
Deprivation.

Islamic Law or Shariah law:

Hudood Law in 1970s, by Zia-ul-Haq. (Pakistan Relvance) It replaced Pakistan Penal Code and added new
punishment for fornication, amputation and stoning to death, however its parts were revised in 2006
Women’s Protection Bill. Hudood and Tazir System.

Shariah ( the path leading to the watering place)

A ordained path for individuals from divine, to have comfort in the world hereafter.

Western law and Shariah Law:

First difference is it deal with individual conscience and God beside neighbor and legal system. This
include ritual practice i.e. Fasting, almsgiving, and pilgrimage.

Second, its consequence of Islamic concept of the law as expression of the divine will.

Similarity: Ulama like Church.

After Muhammad, a system of Qazi as in Mughal Administraion.

Islamic Criminal Jurisprudence:

It deals under Sharia Law ( the path leading to the watering place).

Hudud ( against god crime), punishment under specified quran, or can be from Sunnah. Offences
includes: Zina (extramarital sexual relation), apostasy, unfounded accusation of zina or sodomy,
adultery(married: 100lashes, umarried: stoning to death), consuming intoxicants, highway robbery (one
hand and one foot chop off) and theft (one hand chop off). Punishment range from public lashing,
stoning to death , amputatuion and crucifixion. Criticism: Evidentiary standards hard to carry on in case
of requriemtn of zina and theft without a confession. Punishiment can be averted with slightest
doubt(Shubuhat) as per Hadith

Qisas “ an eye for an eye” principle, this subsume murder and battery. Punishment is retribution (qisas)
or compensation (diyya). E.g. 2009 Amna Bahrami an Iranian women blinded demanded Qisas. Its not
society VS individual, but victim Vs wrong doer. Bahrami pardoned at the end.

Diyyat A compensation in other words ransom or blood money. Quran prescribe Qisas but also instruct
Diya or for atonement/expiation. (Quran 5:45)

Tazir Punishment that doesnot fit Hudud or Qisas but subject to state or Qazi discretion. Such as theft
within relatives, fornication without penetration, homosexual contact such as kissing.

Procedure and Evidence:

Administered by Qadi, he may seek advice of professional jurist (Mufti), through Clerk (katib) he does
his work, pleas in oral way.

Bore the Burden, in first case the defendant in other the prosecutor or plaintiff, though this can change,
as debtor may counterclaim for instance.

The standard of proof (initial, intermediate or final) same rigid in both criminal and civial case. In
absence of confession or admission by the defendant, the plaintiff will produce two oral witnesses,
written or circumstantial evidence inadmissible (Ibn Taymiiyah (14th century)propagated for
Circumstantial evidence). Oral testimony by two male, incase of women by 4 (2 women: 1 man) Plantiff
produce sufficient proof , verdict in his favour, otherwise in defendant. If partial proof , defendant get
oath of denial, if sworn then in defendant favour, if refused in plaintiff favour.

Acts

Praiseworth ( mandub) are performance that bring divine favor and their omission disfavor.

Blameworthy (makruh) having ooposite implication, both don’t have legal sanction of punishment,
reward or validity.

Laws:

Penal Law:

Offense against person is punishable by retaliation (qisas) or compensation (diyah) by victim (s) relative.

Fixed Punishment for apostasy is death, amputation of hand for theft, hand & foot amputation for
highway robbery, death by stoning for extramarital sexual relations for married, stones reduced to 100
for married, 80 lashes for unproved accusation of unchastity and for drinking.

Transaction Law:

(Rashid; prudent of judgement) Puberty not achieved for girl below 9 and boy below 12. Both at 15,
unless due to mental deficiency or minority to be under interdiction and conduct by gurdian.

Basic principle: Sale (bay) transfer of ownership, Hire (ijarah) transfer of right to use, Gift and Loan
(ariyah),

Waqaf a devotion to God a real property or usufruct as charitable purpose.

Prohibition of usury under riba.

Family Law:

Father reserve the right to betroth her daughter while Muhammad saying imply daughter objection
must be deemed important, so jurist argue for daughter will but not as binding as it, other say it may be
an objection preclude marriage. In shiia and Hanafi adult women can conclude her marriage but gurdian
can annul it.

Man has right to polygamy until 4 women, obliged to pay Dower as per custom or agreement, provide
for wife, unless wife show recalcitrance, if wife who reject her husband dominion and leave home has
forfeit her right to maintenance.

Divorce can be called in by Khul or talaq three times by male, female need juduical decree and must
return Dower. Until then iddah a period last for 3 months it can be revoked or the wife is pregnant.
Child guardianship and maintenance and right to succession come under legitimacy, if illegitmate can be
brought in by claim, children under divorced the right to custody go to mother or female maternal
relative.

Islamic Criminal Jurisprudence:

It deals under Shria Law.

Developments:

Fiqah ( understanding) 8th century oral transmission and development gave away the path for written
legal derivation and justication.

School of thought:

Hanifah ( medina; traditional regional emphasis), Hadith (prophet action and sayings)

A joint model of Quran and Sunnah under Al-Shafii, with analogical reasoning as toolkit (qiyas).

Istihsan ( juristic discretion) and Istislah (consideration of welfare).

Zann (conjecture) into Ijtihad for tentative conclusion, in contrast with idea of certain (yaqin)
knowledge.

Fatwa-al-Alamgiryya by Aurangzeb largely dominant in Subcontinent.

Denounced Qadis, were rejected by Muslims as cumbersome of procedure and evidence in criminal,
land and commercial law.

The Spread:

Middle East ( Hanafi Law) , Arbian Peninsula ( Maliki law) , Hanbali in KSA, Shii Law in Iran, India and
East Africa, North & west and Central Africa saw Maliki Law.