Persistent Link:
http://hdl.handle.net/10150/144591
Title:
Repentance as a Legal Concept
Author:
Hemeidah, Ahmad Al-Saiid Zaki
Issue Date:
2011
Publisher:
The University of Arizona.
Rights:
Copyright © is held by the author. Digital access to this material is made possible by the University Libraries, University of Arizona. Further transmission, reproduction or presentation (such as public display or performance) of protected items is prohibited except with permission of the author.
Abstract:
This thesis assesses the mitigating impact of repentance upon the fixed punishments for brigandage (hiraba), theft, and the accusation of fornication (qadhf) under Islamic law, focusing on classical sources of Qur'anic exegesis (tafsir), law (fiqh), and legal theory (usul al-fiqh). It examines and compares the opinions of jurists and exegetes who are not affiliated with a school of law as well as jurists who belong to any of the eight legal schools--namely the Hanafis, Malikis, Shafi`is, Hanbalis, Zahiris, Zaydis, Imamis, and Ibadis. This thesis demonstrates that the mitigating impact of repentance upon the fixed punishments for brigandage, theft, and qadhf constitutes a case of casuistry as jurists do not assign legal significance to the concept of repentance in all of these three cases. Furthermore, the legal tradition on the mitigating impact of repentance upon fixed punishments shows a high degree of commonality that transcends school affiliation and theological orientation.
Type:
Electronic Thesis; text
Keywords:
accusation of fornication (qadhf); brigandage (hiraba); mitigation; punishment; repentance; theft
Degree Name:
M.A.
Degree Level:
masters
Degree Program:
Graduate College; Near Eastern Studies
Degree Grantor:
University of Arizona
Advisor:
Lucas, Scott C.

Full metadata record

DC FieldValue Language
dc.language.isoenen_US
dc.titleRepentance as a Legal Concepten_US
dc.creatorHemeidah, Ahmad Al-Saiid Zakien_US
dc.contributor.authorHemeidah, Ahmad Al-Saiid Zakien_US
dc.date.issued2011-
dc.publisherThe University of Arizona.en_US
dc.rightsCopyright © is held by the author. Digital access to this material is made possible by the University Libraries, University of Arizona. Further transmission, reproduction or presentation (such as public display or performance) of protected items is prohibited except with permission of the author.en_US
dc.description.abstractThis thesis assesses the mitigating impact of repentance upon the fixed punishments for brigandage (hiraba), theft, and the accusation of fornication (qadhf) under Islamic law, focusing on classical sources of Qur'anic exegesis (tafsir), law (fiqh), and legal theory (usul al-fiqh). It examines and compares the opinions of jurists and exegetes who are not affiliated with a school of law as well as jurists who belong to any of the eight legal schools--namely the Hanafis, Malikis, Shafi`is, Hanbalis, Zahiris, Zaydis, Imamis, and Ibadis. This thesis demonstrates that the mitigating impact of repentance upon the fixed punishments for brigandage, theft, and qadhf constitutes a case of casuistry as jurists do not assign legal significance to the concept of repentance in all of these three cases. Furthermore, the legal tradition on the mitigating impact of repentance upon fixed punishments shows a high degree of commonality that transcends school affiliation and theological orientation.en_US
dc.typeElectronic Thesisen_US
dc.typetexten_US
dc.subjectaccusation of fornication (qadhf)en_US
dc.subjectbrigandage (hiraba)en_US
dc.subjectmitigationen_US
dc.subjectpunishmenten_US
dc.subjectrepentanceen_US
dc.subjecttheften_US
thesis.degree.nameM.A.en_US
thesis.degree.levelmastersen_US
thesis.degree.disciplineGraduate Collegeen_US
thesis.degree.disciplineNear Eastern Studiesen_US
thesis.degree.grantorUniversity of Arizonaen_US
dc.contributor.advisorLucas, Scott C.en_US
dc.contributor.committeememberGamal, Adel S.en_US
dc.contributor.committeememberBoum, Aomaren_US
dc.identifier.proquest11638-
dc.identifier.oclc752261488-
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