The case of Jacd b. Dirham and the punishment of ‘heretics’ in the early caliphate

Hawting, G. R.

doi:10.3366/edinburgh/9780748637317.003.0002

Cited by 2 publications

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“…We know little about the criminal urban underworld in the first two 'formative' centuries of Islamic history. Recent studies of how Umayyad rulers prosecuted social deviants of all sorts suggest that the economy of state punishment in the early decades of Islam still functioned in rather arbitrary ways and without much reference to Koranic or Prophetic practice (Hawting 2009;Rowson 2009). It has also been suggested that Umayyad practices should be understood on the background of the systems of punishment inherited from the pre-Islamic Iranian and late-Roman empires (Marsham 2005).…”

Section: Types Of Criminals In Islamic Historymentioning

confidence: 99%

Crime and Punishment in Islamic History (Early to Middle Period): A Framework for Analysis

Lange

2010

Religion Compass

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This article reviews a number of received opinions about the history of crime and punishment in pre-modern Islamic societies in the Nile-to-Oxus region: that the definition of crime continuously overlapped notions of the sacred, given the thin or even indistinct line dividing religion and government; that the contribution of Muslim jurists ( fuqaha') to criminal law was minimal because of their lack of interest in defining the individual's rights and duties vis-à-vis the state; that in the absence of court records, the study of the pre-Ottoman history of crime and punishment is limited to the (sparse) historiographical evidence, in addition to the (largely irrelevant) Muslim fiqh. In order to nuance and, where appropriate, challenge these perceptions, this article calls for more contextualized and cross-disciplinary approaches to Islamic criminal law of the pre-Ottoman period, and proposes a new typological, actor-centred model of interpretation.

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Section: Types Of Criminals In Islamic Historymentioning

confidence: 99%