آیاتُ الاحکام کی روشنی میں جدید فوجداری قانون: معاصر جرائم، سزائیں اور انسدادی اقدامات کا اسلامی فقہ کے تناظر میں جائزہ

Modern Criminal Law and Ayat al-Ahkam: A Jurisprudential Review of Contemporary Crimes, Punishments, and Prevention

Abstract

This research paper, titled “Modern Criminal Law in the Light of Āyāt al-Aḥkām: An Islamic Jurisprudential Analysis of Contemporary Crimes, Punishments, and Preventive Measures,” presents a detailed study of the relationship between Islamic criminal law and modern forms of crime. Drawing upon the Holy Qur’an, Prophetic traditions (Aḥādīth), classical and contemporary Qur’anic exegesis, juristic sources, and modern scholarly discussions, the study examines the guidance provided by Islamic law regarding complex contemporary crimes such as cybercrime, financial corruption, terrorism, drug trafficking, online harassment, human trafficking, and white-collar crime. The paper explains the fundamental principles of Islamic criminal law, including ḥudūd (prescribed punishments), qiṣāṣ (retaliation), diyah (blood money), and taʿzīrāt (discretionary punishments), while also highlighting the concepts of Maqāṣid al-Sharīʿah (objectives of Islamic law), justice, human dignity, economic fairness, and social reform. The study concludes that Islamic criminal law is not merely a system of punishments; rather, it constitutes a comprehensive moral, spiritual, and social framework whose primary objectives are crime prevention, the protection of human rights, the establishment of social peace, and the reformation of individuals. Furthermore, the presence of ijtihād (independent legal reasoning) and the flexible principles of taʿzīr provide Islamic law with the capacity to address contemporary legal and social challenges effectively. The research also emphasizes that integrating the Islamic principles of justice, ethics, and the objectives of Sharīʿah with modern legal systems can contribute to the development of a more effective, balanced, and humane criminal justice system.