Criminal Law in Islam and the Muslim World

“Criminal Law in Islam and the Muslim World” by Tahir Mahmood is a comparative legal study that examines Islamic criminal law and how it has been understood, applied, modified, or restricted across different Muslim-majority countries in the modern era.

Focus of the book

The book explores the theory of Islamic criminal law alongside its practical implementation (or non-implementation) in contemporary legal systems. Tahir Mahmood approaches the subject as a legal scholar, not a theologian, combining Islamic jurisprudence with constitutional and comparative law analysis.

Key themes and topics

• Foundations of Islamic criminal law (Sharīʿah)

• Classification of crimes:

  • Ḥudūd (fixed punishments)

  • Qiṣāṣ and Diyah (retaliation and compensation)

  • Taʿzīr (discretionary punishments)

• Standards of evidence and procedure in Islamic law

• Rights of the accused and principles of justice

• Historical development of Islamic criminal law

• Impact of colonialism on Muslim legal systems

• How modern Muslim states deal with Sharīʿah-based criminal law

• Case studies from countries such as Pakistan, Saudi Arabia, Iran, Sudan, Egypt, and others

Methodology and approach

• Analytical and comparative

• Uses statutes, court decisions, constitutions, and legal reforms

• Distinguishes between classical Islamic law and state-enforced law

• Critical but balanced—neither apologetic nor hostile

Purpose of the book

The book aims to:

• Clarify common misunderstandings about Islamic criminal law

• Show the diversity of application in the Muslim world

• Examine tensions between Sharīʿah, modern law, and human rights

• Provide an informed basis for legal and academic discussion

Who the book is for

• Law students and legal scholars

• Researchers in Islamic law, comparative law, and Middle Eastern studies

• Policymakers and academics

• Readers seeking a non-polemical, scholarly understanding of Islamic criminal law

Overall assessment

This book is widely regarded as a serious academic reference that helps readers understand not just what Islamic criminal law says, but how it functions (or doesn’t) in real-world legal systems across the Muslim world.