Islamic Law Punishments Quiz

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Questions and Answers

What is the punishment called if the intentional injurious act causes the death of the victim?

  • Life Qisas (correct)
  • Hadd
  • Limb Qisas
  • Diya

Diyut is paid as compensation for injury to a limb.

False (B)

What is the maximum number of lashes given as Hadd punishment for adultery?

100 lashes

The principle of punishment under Mohammedan law that includes specific penalties is called ______.

<p>Hadd</p> Signup and view all the answers

Match the crimes with their corresponding Hadd punishments:

<p>Adultery = Whipping Burglary = Amputation Sodomy = Death Penalty Drinking Alcohol = Whipping</p> Signup and view all the answers

What can the person who has the right of retaliation choose between in cases of homicide?

<p>Diyut or Qisas (B)</p> Signup and view all the answers

Limb Qisas applies when a person loses their limb and may seek revenge.

<p>True (A)</p> Signup and view all the answers

What is one example of a crime that results in death penalty under the Hadd system?

<p>Sodomy</p> Signup and view all the answers

What type of punishment was Lapidation or Stoning associated with?

<p>Zina (A)</p> Signup and view all the answers

Tazir and Siyasa punishments are mandatory and do not leave room for the judge's discretion.

<p>False (B)</p> Signup and view all the answers

What authority does the Qadi have in enforcing punishments?

<p>The Qadi has the authority to exercise discretion according to the nature of the offence.</p> Signup and view all the answers

To punish a false witness, the Qadi could impose a punishment of ______ and public exposure.

<p>forty lashes</p> Signup and view all the answers

Match the following terms with their descriptions:

<p>Hadd = Fixed punishments for specific crimes Zina = Adultery or fornication Ta'zir = Discretionary punishments by a judge Siyasa = Punishments aimed at creating an example</p> Signup and view all the answers

Which of the following is a type of exemplary punishment mentioned?

<p>Siyasa (D)</p> Signup and view all the answers

The general doctrine of discretionary punishment allows for specific penalties to be imposed in all cases.

<p>False (B)</p> Signup and view all the answers

What are the three cases in which discretionary punishment may be applied?

<ol> <li>Offences with no specific penalty 2. Crimes within specific provisions but lacking proof for specific penalties 3. Repeated heinous crimes.</li> </ol> Signup and view all the answers

What is the main purpose of the deterrent theory of punishment?

<p>To demonstrate that certain acts are wrong and to deter future crimes (B)</p> Signup and view all the answers

Utilitarianism advocates a system of punishments that may treat individuals merely as a means to an end.

<p>True (A)</p> Signup and view all the answers

Who is a notable advocate of the deterrent theory mentioned in the content?

<p>J. Bentham</p> Signup and view all the answers

The two versions of utilitarianism discussed are __________ and __________ utilitarianism.

<p>act, rule</p> Signup and view all the answers

Match the following concepts with their descriptions:

<p>Act Utilitarianism = Good if it results in greatest utility Rule Utilitarianism = Good if following the rule results in greatest utility Deterrent Theory = Prevents future crime through punishment Punishment = Infliction of a consequence for lawbreaking</p> Signup and view all the answers

What is a major criticism of the deterrent theory?

<p>It may punish individuals who are not guilty (D)</p> Signup and view all the answers

Deterrent theory focuses on the rehabilitation of criminals.

<p>False (B)</p> Signup and view all the answers

What do opponents of the deterrent theory argue regarding the treatment of individuals?

<p>They argue that individuals are treated as a means to deter crime.</p> Signup and view all the answers

What condition is necessary for someone to be deemed guilty of a crime?

<p>Being directly or indirectly involved in the act (A)</p> Signup and view all the answers

An innocent person may be punished under the deterrence theory.

<p>False (B)</p> Signup and view all the answers

What is the significance of proving a criminal's guilt?

<p>To ensure that only the guilty are punished and to protect innocent individuals from wrongful punishment.</p> Signup and view all the answers

A person stealing out of extreme necessity, such as to avoid starvation, is an example of __________ action.

<p>involuntary</p> Signup and view all the answers

Which of the following is NOT considered in determining the type of punishment?

<p>Victim's feelings (C)</p> Signup and view all the answers

What example is given to illustrate an involuntary action?

<p>Being forced to commit a crime at gunpoint.</p> Signup and view all the answers

The offender's internal situation does not need to be considered when imposing punishment.

<p>False (B)</p> Signup and view all the answers

What is one of the early methods of capital punishment mentioned in ancient cultures?

<p>Stoning (C)</p> Signup and view all the answers

In Hindu society, the primary purpose of punishment was primarily for retribution.

<p>False (B)</p> Signup and view all the answers

Name one of the two main purposes of punishment in Hindu society.

<p>Incapacitation or Deterrence</p> Signup and view all the answers

Early forms of capital punishment are designed to be __________ and torturous.

<p>slow</p> Signup and view all the answers

Match the types of punishment with their descriptions:

<p>Vakdanda = Admonition Dhikdanda = Censure Dhanadanda = Fine (Penalty) Badhadanda = Physical punishments</p> Signup and view all the answers

What type of punishment involves cutting off a thief's hands?

<p>Incapacitation (D)</p> Signup and view all the answers

The dictum of 'an eye for an eye and a tooth for a tooth' was not prevalent in ancient societies.

<p>False (B)</p> Signup and view all the answers

What additional forms of punishment were later included beyond Manu's original four types?

<p>Confiscation of property and public humiliation</p> Signup and view all the answers

What is the primary concern of deterrent theory regarding punishment?

<p>Punishing criminals according to the extent of their crime (B)</p> Signup and view all the answers

Punishment should exceed the level of the crime to be effective.

<p>False (B)</p> Signup and view all the answers

What is one example of a crime that may render identical punishments regardless of involvement?

<p>murder or rape</p> Signup and view all the answers

According to Bentham, if the evil of punishment exceeds the evil of the __________, then the punishment will be unprofitable.

<p>offense</p> Signup and view all the answers

How should the punishment for theft be determined?

<p>It should match the seriousness of the crime (D)</p> Signup and view all the answers

Retributive theory advocates for punishment to uplift revenge.

<p>True (A)</p> Signup and view all the answers

What is one of the problems mitigated by the proposed understanding of punishment?

<p>The problem of revenge in retributive theory</p> Signup and view all the answers

Flashcards

Life Qisas

Retaliation punishment in Islamic law where the victim's heirs can seek the death penalty for the intentional killing of their relative.

Limb Qisas

Retaliation punishment in Islamic law where the victim can seek an equivalent punishment for the intentional injury that resulted in the loss of a limb or its function.

Diya

A form of compensation paid in Islamic law for unlawful killing or injury.

Hadd

A specific punishment outlined in Islamic law for certain offenses.

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Whipping Hadd

The punishment for adultery, sexual defamation, and drinking alcohol in Islamic law.

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Amputation Hadd

The punishment for burglary, rebellion, and corruption in Islamic law. It can include maiming, crucifixion, banishment, or death.

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Death Penalty Hadd

The punishment for sodomy, rape, and incest in Islamic law.

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Qisas vs. Diya

The legal concept in Islamic law where the victim or their heirs can choose between Qisas (retaliation) and Diya (compensation).

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Death penalty

The harshest form of punishment in ancient times, often used for serious crimes like adultery.

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Lapidation or Stoning

A specific punishment for adultery in Islamic law, involving the throwing of stones.

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Tazir and Siyasa

Punishments based on the judge's discretion, ranging from imprisonment to public humiliation.

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Tazir

A discretionary punishment that could involve imprisonment, banishment or even public exposure.

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Public exposure with blackened face

Punishment for a false witness, which could involve public humiliation and forty lashes.

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Discretionary punishment

The discretion of the judge to punish crimes without specific laws or insufficient evidence.

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Ancient Indian punishment system

The ancient Indian punishment system was characterized by its severity and often harsh methods.

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Capital Punishment

The practice of punishing wrongdoers by taking their lives, primarily used as a form of crime deterrence.

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Deterrence

A legal principle that aims to deter crime by punishing wrongdoers, setting an example for others to avoid similar actions.

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Retribution

The belief that punishment should be proportionate to the crime committed, resembling the phrase "an eye for an eye, a tooth for a tooth."

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Incapacitation

A primary objective of punishment in Hindu society where the offender is incapacitated to prevent them from repeating their crime.

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Deterrence in Hindu Society

The use of punishment as a public example to discourage future wrongdoing.

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Vakdanda

A type of punishment in ancient India involving verbal reprimand or advice.

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Dhikdanda

A type of punishment in ancient India involving censure or criticism.

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Confiscation of Property

A type of punishment in ancient India involving confiscation of possessions or valuables.

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Involuntary Action

An act that a person is compelled to do against their will, often due to threats or coercion. It involves a lack of free choice and autonomy.

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Extreme Necessity

A situation where a person commits an act out of extreme necessity to prevent a greater harm, such as stealing food to survive.

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Mistake

An action done by mistake, without intention or awareness of the consequences.

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External Situation

The circumstances surrounding an event or action, including the context and environment.

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Internal Condition

The individual's state of mind, motivations, and psychological factors that contribute to their actions.

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Overlapping Tendencies

The overlap of external and internal factors that influence a person's actions and behavior.

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Considering External and Internal Situations

The consideration of all relevant circumstances, both internal and external, when assessing guilt and punishment.

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Punishing Considering External and Internal Situations

Punishing an offender based on an evaluation of all relevant external and internal factors.

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Proportionality of Punishment

A punishment that is proportionate to the crime committed; its severity does not exceed the harm caused by the offense.

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Mitigating Revenge

The idea that punishment should not be used as a tool for revenge or to inflict more suffering than necessary.

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Forfeiture of Rights

A theory that suggests criminals forfeit their rights by committing a crime and therefore deserve punishment.

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Deterrent Theory

A form of punishment that aims to deter future crime by making the consequences outweigh the potential benefits.

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Reformative Theory

A theory that argues the purpose of punishment is to rehabilitate criminals and help them reintegrate into society.

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Restorative Justice

An approach to punishment that emphasizes the restoration of justice and the repair of harm caused by the crime.

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Retributive Theory

A philosophical theory that views punishment as a means of balancing the scales of justice by inflicting pain on the offender commensurate with the harm caused.

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Manner of Involvement

The degree to which someone is involved in a crime, ranging from direct involvement to indirect assistance.

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Deterrent Theory of Punishment

A theory that advocates for punishment to discourage potential criminals by showing the consequences of wrongdoing. It focuses on preventing future crime by making the costs of committing crime outweigh the benefits.

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Utilitarianism

A philosophy focused on maximizing happiness and well-being for the greatest number of people. It suggests that punishments should be designed to prevent crime and ensure public safety.

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Act Utilitarianism

A version of utilitarianism that focuses on the overall benefit of a specific action. It suggests that an act is good if it brings greater happiness to the most people even if it involves potential harm to a few.

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Rule Utilitarianism

A version of utilitarianism that focuses on following rules that bring the greatest happiness to the most people. It suggests that an action is good if it follows a rule that generally leads to better consequences for society.

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Treating Individuals as Means

A criticism of Deterrent Theory that argues it treats individuals as mere instruments to achieve the greater good, ignoring their individual rights and autonomy.

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Ignoring Justice

A criticism of Deterrent Theory that argues it prioritizes preventing crime over ensuring justice. It suggests that punishing someone may be justified even if their guilt is uncertain, solely to deter others.

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Neglecting Reformation

A criticism of Deterrent Theory that argues it doesn't address the underlying reformation of a criminal or offer solutions for rehabilitation. It prioritizes crime prevention over fixing the root cause of criminal behavior.

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Ineffectiveness in Deterring Crime

A key criticism of Deterrent Theory that argues it is not always effective in deterring crime. It suggests that people may still commit crimes despite knowing potential consequences, driven by various motives and circumstances.

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Study Notes

Sathyabama Institute of Science and Technology (deemed to be university)

School of Law

  • Department of Legal Studies

Penology & Victimology-SAL1053

Unit 1 - Penology & Theories of Punishment

  • Penology is a multi-disciplinary subject aiming to study and evaluate penal laws applied to wrongdoers.
  • It systematically studies the justification, characteristics, and effectiveness of punishment.
  • Penology originated with Cesare Beccaria, a classical criminologist.
  • Justification of punishment should be deterrence of potential criminals, not solely punishment of the offender.
  • Theories of punishment include: -Classical Hindu and Islamic approaches.
    • Capital Punishment and law reforms.
    • Criminal Justice System.
    • Dimensions of Crime in India.

Unit 2 - Approaches to Sentencing

Alternatives to imprisonment (probation, corrective labor, fine) and the Probation of Offenders Act, 1958.

Unit 3 - Sentencing and Imprisonment

  • Types of sentences (Indian Penal Code and special laws)
  • White-collar crimes
  • Pre-sentence hearing
  • Summary punishment
  • Habitual offender
  • Plea bargaining
  • Imprisonment (prison system, rights of prisoners, classification of prisoners, open prisoners, judicial surveillance and basic development)
  • Group Counseling and Re-Socialization Programme.

Unit 5 - Victimology

  • Victims of crime and compensation.
  • Compensation procedures under relevant acts (Criminal Procedure Code, public law remedies)
  • Rehabilitation for victims
  • Victimization as a mode of punishment
  • The role of the National Human Rights Commission (NHRC)

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