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[9] Amnesty International confirmed that there were at least 158 executions but believes that more were carried out. “Contemporary scholars of Islamic Shari’a adopt the view that terrorism is included under the crime of hiraba, or waging war against God and his Apostle and making or spreading corruption on earth,” [10] although analysis on this matter has not been comprehensive, [11] and the position seems more developed by the Maliki school of Sunni Islam and the Shi’a schools than by the Hanbali school. By Fatwa issued on August 30, 1988, acts of terrorism (as “corruption on earth”) may carry the mandatory death penalty; the Fatwa does not specify that such acts must result in death, and its ambit is unclear. For those facing death for tazir crimes, the court must either sentence the offender to death unanimously or, in the case of non-unanimity, obtain a 3-of-5 majority upon the addition of two judges to the court for sentencing purposes. Brill, 1961; Khaled Abou El Fadl, The Culture of Ugliness in Modern Islam and Reengaging Morality, p. Muhammad Abdel Haleem, Adel Omar Sherif & Kate Daniels, eds., Criminal Justice in Islam: Judicial Procedure in the Shari’a, p.

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[9] Amnesty International confirmed that there were at least 158 executions but believes that more were carried out. “Contemporary scholars of Islamic Shari’a adopt the view that terrorism is included under the crime of hiraba, or waging war against God and his Apostle and making or spreading corruption on earth,” [10] although analysis on this matter has not been comprehensive, [11] and the position seems more developed by the Maliki school of Sunni Islam and the Shi’a schools than by the Hanbali school. By Fatwa issued on August 30, 1988, acts of terrorism (as “corruption on earth”) may carry the mandatory death penalty; the Fatwa does not specify that such acts must result in death, and its ambit is unclear. For those facing death for tazir crimes, the court must either sentence the offender to death unanimously or, in the case of non-unanimity, obtain a 3-of-5 majority upon the addition of two judges to the court for sentencing purposes. Brill, 1961; Khaled Abou El Fadl, The Culture of Ugliness in Modern Islam and Reengaging Morality, p. Muhammad Abdel Haleem, Adel Omar Sherif & Kate Daniels, eds., Criminal Justice in Islam: Judicial Procedure in the Shari’a, p. [13] The description of this offense as “corruption on earth” could suggest that the penalty is hadd, although it would not be traditional in the Hanbali school (or most schools of Sunni Islam) to apply the death penalty as hadd for non-lethal corruption on earth. Rape is punishable by death as hadd or ta’zir, depending on the circumstances. [39] The Criminal Procedure Code is silent as to whether a sentence of death may be imposed for hadd or qisas crimes based merely upon a majority vote. 68-90, UCLA Journal of Islamic and Near Eastern Law, Vol.

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