Legal and constitutional history of Bangladesh
by Nawshad Ferdous - Thursday, 30 May 2024, 6:46 PM
Number of replies: 0
The ancient judicial system during the Muslim period in India had several methods of punishment, including:
1. Qisas (Retribution) - This allowed the victim or their family to demand equal retaliation for crimes like murder or bodily harm.
2. Hadd (Prescribed Punishments) - These were fixed punishments prescribed in Islamic law for crimes like theft, adultery, false accusation of adultery, drinking alcohol, and apostasy. Punishments included flogging, amputation, stoning to death, etc.
3. Ta'zir (Discretionary Punishments) - For crimes not covered under Hadd, the ruler or judge had the discretion to determine appropriate punishments, which could include imprisonment, fines, public reprimand, etc.
4. Siyasah (Administrative Punishments) - Punishments imposed by the ruler or state for crimes against public order and security, such as treason, rebellion, or espionage. These could include execution, imprisonment, or confiscation of property.
5. Diyat (Blood Money) - Payment of compensation by the offender to the victim or their family, especially in cases of accidental killings or injuries.
6. Kaffarah (Expiation) - Performing certain acts of penitence or charity to atone for sins or crimes.
So in summary, the ancient Muslim judicial system employed a range of punishments, from retaliatory measures to discretionary and administrative punishments, as well as compensatory and penitential measures. The specific methods evolved over time and varied across different Muslim-ruled regions of India.