Home 
Contact 
Profile 
Videos 
Medicine and Fiqh Discussion at 9.45 am on 27th May 2000 at the Kulliyah of Medicine, International Islamic University, Kuantan by Professor Omar Hasan Kasule Sr.
OUTLINE
15.5.1 CONSIDERATIONS IN JUDGEMENT AND CONVICTION
A. Judgment Based On Evidence And Oath
B. Judgment With No bayyinat
C. Repeat Judgment/Retrial
D. Judging By The Obvious, Al dhaahir
E. Accepting The Judgment
15.5.2 PURPOSE OF HUDUD AND TA’AZIR
A. The Concept Of Limits, huduud al llaah
B. Deterrence
C. Prevention
D. Education
E. Discipline
15.1.3 THE 5 HUDUUD IN SHARIAT
A. Sexually-Related Crimes
B. Taking Intoxicants, khamr & mukhaddarat
C. Homicide, qatl
D. Crimes Relating To Property
E. Crimes Against The Community
15.1.4 APPLICATION OF DISCIPLINARY PUNISHMENTS, ta’azir
A. Definition Of Ta’azir
B. Purpose Of Ta’azir
C. Physical Punishment
D. Psychological Punishment
E. Prison
15.1.5 ROLE OF THE PHYSICIAN
A. Assessment Of Physical Fitness Of The Convict For Punishment
B. Assessment Of Injury For Purposes Of qisaas
C. Assessment Of Diyat
DISCUSSIONS
GENERAL
1. Use of the polygraph (lie detector) during an oath
2. Levels of proof needed for a shariat conviction
3. The concepts of autrefois acquit and autrefois convict
4. Conviction based on the externally obvious, dhaahir, and not the esoteric, baatin
5. Deterrent function of punishments
6. Crime prevention function of punishments
7. Education function of punishments
8. Discipline function of punishments
SEXUAL CRIMES
9. Conviction in a situation of extreme sexual provocation
10. Hikmat in different punishments for those with and without previous sexual experience
11. Type of punishments in cases of zina in which conviction is based on medical evidence
12. Hikmat of public punishment
13. Punishments in cases of convicts who are physically weak or are sick
14. Punishment for a convicted pregnant or suckling woman
15. Use of medical evidence in conviction for rape
16. Use of medical evidence for conviction for sodomy
17. Conviction for qadhf when there are no 4 witnesses but medical evidence suggests fornication.
INTOXICANTS
18. Crimes committed while under the influence of psycho-active medication
19. Crimes committed while under the influence of alcohol
20. Nicotine in tobacco as a drug fitting the definition of khamr
21. Conviction for taking intoxicants based on breath or blood analysis
22. Conviction and punishment of drug and alcohol addicts who have lost the will to control their behavior
23. Fetal death due to physician neglect or mistake
24. Fetal death due to side effects of proper medical care
25. Temporary insanity as a defence
26. Retaliation, qisaas, for bodily injury using medical procedures to prevent infection and hemorrhage
27. Retaliation in cases like abdominal wounds where the retaliation may be worse than the original injury
28. A modern-day method of computing diyat for bodily injury based on medical assessment
29. A modern-day method of computing diyat for homicide based on medical and actuarial assessments
30. Method of execution for homicide: decapitation, firing squad, lethal injection, electrocution
31. Computation of the diyat for fetal death
CRIMES RELATING TO PROPERTY
32. Stealing as a manifestation of psychological or emotional disturbance
OTHER ISSUES
33.Mental state assessment before conviction for riddat
34. Health of prisoners
35. Torture as punishment