TOWARDS FINDING SUITABLE PUNISHMENT FOR KIDNAPPING IN ISLAMIC JURISPRUDENCE: CASE STUDY OF HIRABAH
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Date
2022-11
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BENUE STATE UNIVERSITY LAW JOURNAL
Abstract
Kidnapping has been reported as the most prevalent crime against humanity in the recent time. Almost every part of the globe felt its menace. Little wonder most countries begin to enact stiffer punishment for the offence to serve as deterrent. Islamic jurisprudence recognises offence of kidnapping as a cankerworm tormenting humanity. Despite the seriousness of the offence just like that of specific offences categorised as Hudud, the punishment regime of kidnapping is left to the discretion of Judge in Islamic jurisprudence. This informs the reason the paper attempt to find suitable punishment for the offence of kidnapping using Hirabah as a case study. The study adopts doctrinal method of legal research with content analysis of the relevant provisions of the primary sources of Shari’ah as well as the various juristic opinions. The paper examines the detailed analysis of the rules and procedure of Hirabah under Shari’ah and finds that offence of kidnapping has great semblance and similarity with offence of Hirabah. The paper finds further that the line of difference between the offences of kidnapping and Hirabah is that the former is categorised under Ta’azir while the latter is categorised under Hudud. The paper recommends amongst others that with the discretion regime under Ta’azir offences, rules and procedures of Hirabah regarding its punishment can be made applicable to the horrible offence of kidnapping to serve as deterrent.
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The article discussed basically the punishment provided by the Shariah for the offence of Kidnapping
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BENUE STATE UNIVERSITY LAW JOURNAL