chapter  19
18 Pages

Islamic Law

ByMohammad Hedeyati-Kakhki

Islamic Law operates similar concepts of primary and secondary participant as required in accordance with the Qu'ran, which discusses the assigning of degrees of culpability. The need to establish the different degrees of participation in crime under Islamic law is found within the following: 'And if anyone earns sin, he earns it against his own soul; For Allah is full of knowledge and wisdom'. The Egyptian Penal Code's provisions are illustrative of Islamic Law's preferred approach to the issue of secondary participation and show how this role differs from that of the principal offende. At the opposite end of the spectrum, the doctrine of joint criminal enterprise is of great practical significance in hundreds of cases before courts in Islamic countries every year. It is also apparent that some Islamic jurisdictions could benefit from greater codification of 'participation' doctrines, especially for more nuanced issues such as crimes committed via innocent agents, transferred malice and corporate liability.