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Title: عقوبة جريمة الحرابة بين الفقه والقانون: نيجيريا والسودان نموذجاً:
Authors: Ibrahim Kabir Ibrahim (Abu_Akram)
Journal: Research Journal ‘Ulum-e- Islamia'
Publisher: Islamia University, Bahawalpur
Country: Pakistan
Year: 2023
Volume: 30
Issue: 1
Language: Arabic
DOI: 10.52461/ulm-e-islmia.v30i01.1861
The researcher dealt with an aspect of criminal jurisprudence represented in explaining the penalty of banditry between islamic jurisprudence and legislative law represented in the nigerian penal code of 1960ad, and the sudanese criminal law of 1991ad. The study aims to demonstrate the validity of islamic law temporally and spatially, also the study aims to explain the points of harmony and disparities between islamic law and legislative laws inoder to demonstrate that islamic sharia is superior to the legislative laws, the method adopted in this research is inductive, deductive and analytical methodology. The researcher used the references approved by the sects in the doctrinal and legal aspect, the researcher has reached important results, including: the sudanese criminal code of 1991ad is in accordance with islamic sharia, unlike the nigerian penal code, although the nigerian law is in accordance with sharia in criminalization, but is contrary to it in the type of penalty. The researcher also recommended important recommendations, including: inviting researchers and student of islamic sciences to write a broader and more comprehensive research in the comparison between islamic laws and legislative laws inoder to demonstrate the validity of the application of islamic law in every time and place and that its provisions are more effective in solving the problems of societal crimes
Keywords: Penalty, banditry, islamic jurisprudence, nigerian penal code, sudanese criminal law.
To explain the penalty of banditry in Islamic jurisprudence and legislative law, specifically comparing the Nigerian Penal Code of 1960 and the Sudanese Criminal Law of 1991. The study aims to demonstrate the validity and superiority of Islamic law by highlighting points of harmony and disparity with legislative laws.
The research employed an inductive, deductive, and analytical methodology. It utilized references approved by Islamic sects for doctrinal and legal aspects.
graph TD; A["Define Research Problem: Penalty of Banditry"] --> B["Literature Review: Islamic Jurisprudence & Legislative Laws"]; B --> C["Comparative Analysis: Nigeria vs. Sudan"]; C --> D["Application of Inductive, Deductive, Analytical Methods"]; D --> E["Identify Findings: Alignment/Disparity"]; E --> F["Formulate Conclusion & Recommendations"];
The study argues for the temporal and spatial validity of Islamic law, suggesting its provisions are more effective in addressing societal crimes than legislative laws.
The Sudanese Criminal Code of 1991 aligns with Islamic Sharia. The Nigerian Penal Code of 1960, while criminalizing banditry in accordance with Sharia, differs in the type of penalty prescribed.
The research implies that Islamic Sharia offers a more comprehensive and effective framework for dealing with criminal offenses like banditry compared to secular legislative codes.
- The Sudanese Criminal Law was enacted in 1991. (Confirmed by text)
- The Nigerian Penal Code was enacted in 1960. (Confirmed by text)
- The study aims to demonstrate the validity of Islamic law. (Stated in text)
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