Sheikh al-Qaraḍāwī’s Independent Reasoning (Ijtihād) in Reformulating Contemporary Islamic Criminal Jurisprudence within the Framework of the Modern State

“

Islamic criminal jurisprudence was a central focus for Sheikh al-Qaraḍāwī as he worked to develop an approach to Islamic law that fits within the framework of the modern state while upholding the principles of the Sharia. He consistently maintained that any effort to implement criminal punishments prescribed in Islam must be grounded in a contemporary understanding of the Sharia’s foundational sources. Sheikh al-Qaraḍāwī views Islamic criminal jurisprudence as fundamentally concerned with safeguarding religion, life, progeny, intellect, and property for all people. He believes that Islamic punitive measures primarily aim at promoting values and upholding human rights principles without discrimination based on religion, race, colour, or gender.

”