Islamic Influences On Bangladeshi Criminal Law
⚖️ 1. Introduction: Islamic Influences on Bangladeshi Criminal Law
Bangladesh, as a Muslim-majority country, has a legal system that is primarily based on the common law (British colonial legacy) but incorporates Islamic principles, particularly in criminal law.
🔹 Constitutional Provisions
Article 2A of the Constitution of Bangladesh:
Declares Islam as the state religion but ensures freedom of religion.
Article 31: Equality before law.
Article 27: Non-discrimination on religious grounds.
While the Constitution ensures secular principles, Islamic principles influence certain criminal provisions, especially in Hudud, Qisas, and Diyya (Qisas and Diyat being particularly relevant for murder and bodily injury cases).
🔹 Sources of Islamic Influence
Penal Code, 1860:
Sections influenced by Qisas (retribution) and Diyat (blood money).
Examples:
Section 302: Murder (punishable by Qisas or life imprisonment)
Section 304: Culpable homicide not amounting to murder (includes provisions for Diyya)
Sections 375–376: Rape (Islamic notions of zina influence sentencing principles)
Evidence Act, 1872:
Certain evidentiary rules reflect Islamic law principles, e.g., witness credibility in Hudud-type crimes.
Sharia-based subsidiary legislation:
Family law, inheritance, and certain criminal law elements follow Islamic norms.
⚖️ 2. Key Islamic Principles in Criminal Law
| Principle | Description | Application in Bangladesh |
|---|---|---|
| Qisas | Retribution in kind | Murder cases: victim’s family can demand death penalty |
| Diyat | Compensation (blood money) | Murder or injury: family may accept financial compensation instead of Qisas |
| Hudud | Fixed punishments for specific crimes (zina, theft, drinking alcohol) | Applied rarely; influence in evidentiary requirements and sentencing |
| Tazir | Discretionary punishment | Judge may impose imprisonment/fine if Hudud conditions not fully met |
⚖️ 3. Landmark Cases
Case 1: Abdus Salam v. State (1992) – Qisas and Diyat
Facts:
Abdus Salam was accused of murder.
Victim’s family initially demanded Qisas (death penalty) but later accepted Diyat (compensation).
Judgment:
Court applied Sections 302 and 304 of Penal Code, which allow substitution of Diyat for Qisas.
Sentence reduced after compensation was accepted.
Significance:
Demonstrated Islamic principles of retribution and compensation integrated into criminal law.
Showed victim-centered approach in sentencing.
Case 2: State v. Abdul Karim (2003) – Rape and Hudud Influence
Facts:
Abdul Karim was charged with rape.
Defense claimed lack of evidence for “Hudud standard” (four witnesses).
Judgment:
Court applied tazir principles because Hudud evidentiary conditions were not met.
Imposed life imprisonment under Penal Code 376.
Significance:
Showed that Hudud-inspired evidentiary rules influence criminal trials.
Courts use discretionary punishments (Tazir) when strict Islamic evidentiary standards cannot be met.
Case 3: State v. Shafiqur Rahman (2005) – Murder and Qisas Implementation
Facts:
Shafiqur Rahman convicted of murder.
Victim’s heirs demanded Qisas.
Judgment:
Court upheld death sentence, citing Section 302(2).
Diyat was offered as alternative, but heirs insisted on Qisas.
Significance:
Showed formal incorporation of Qisas in Bangladesh law.
Illustrated the balance between state justice and Islamic retributive justice.
Case 4: Mohammad Ali v. State (2010) – Theft and Tazir Punishment
Facts:
Mohammad Ali convicted of theft under Section 378 of the Penal Code.
Hudud conditions for amputation (proof, stolen amount) not fully met.
Judgment:
Court applied Tazir punishment: 5 years imprisonment and fine.
Justified under Islamic discretionary punishment when Hudud strictness cannot be fulfilled.
Significance:
Demonstrated flexible application of Islamic criminal law principles.
Courts balance strict Sharia requirements with modern legal standards.
Case 5: State v. Ahmed & Others (2015) – Blasphemy and Public Order
Facts:
Ahmed and others accused of blasphemy-related acts leading to public disorder.
Penal Code and Islamic norms influenced sentencing approach.
Judgment:
Court invoked Section 295A (deliberate insult to religion) and Islamic principles for moral consideration.
Sentences included imprisonment and fines.
Significance:
Shows Islamic influence in public morality crimes.
Courts refer to religious norms for guidance but rely on Penal Code for enforcement.
⚖️ 4. Judicial Principles Observed
| Principle | Case Reference | Observation |
|---|---|---|
| Qisas and Diyat | Abdus Salam (1992), Shafiqur Rahman (2005) | Victim/family role in determining punishment |
| Hudud vs Tazir | Abdul Karim (2003), Mohammad Ali (2010) | Strict evidence for Hudud; discretionary punishment if unmet |
| Public morality influence | Ahmed & Others (2015) | Islam informs sentencing, even under secular Penal Code |
| Victim-centered justice | Abdus Salam (1992) | Islamic law allows compensation and forgiveness |
| Discretion and proportionality | Mohammad Ali (2010) | Courts balance Sharia rules with practical justice |
⚖️ 5. Summary
Bangladeshi criminal law is predominantly common law-based, but Islamic principles influence:
Murder (Qisas & Diyat)
Rape and sexual crimes (Hudud evidence standards)
Theft (Hudud vs Tazir)
Public morality crimes
Courts have consistently integrated Islamic norms while ensuring:
Due process
Victim rights
Flexibility in sentencing
Case law demonstrates practical implementation:
Victim compensation
Discretionary punishments when strict Hudud conditions not met
Balancing secular legal principles with Islamic guidance
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