Between Divine Mandate and Modern State Islamic Criminal Law and the Contested Legacy of Ḥudūd

Abstract

Rarely does any aspect of Islamic law command such global attention or stir such deep internal controversy as the ḥudūd punishments. Anchored in scripture and charged with moral gravity, these punishments occupy a complex space where divine authority, political power, and human suffering intersect. What does it mean to treat certain punishments as sacred and immutable in an era increasingly shaped by demands for human rights, rehabilitation, and legal reform? Do these ostensibly immutable decrees uphold the true spirit of justice, or do they entrench an unforgiving orthodoxy that resists ethical evolution? How have political regimes mobilized ḥudūd punishments to assert religious legitimacy or consolidate power? Can a faithful reading of Islamic tradition allow for the reinterpretation—or even suspension—of ḥudūd in light of present-day ethical concerns?

As these questions suggest, this volume aims to illuminate the theoretical foundations and practical realities of ḥudūd law, explore possibilities for a moratorium on ḥudūd punishments, and offer an interdisciplinary examination of this complex and contested issue. The contributions critically engage with juristic, political, sociological, and theological discourses surrounding the implementation of ḥudūd punishments in the modern era. These analyses encompass interpretations of the Qurʾān and ḥadīth, while also addressing the conceptual tensions and practical obstacles involved in the suspension or application of ḥudūd laws across a range of legal and political contexts, including those of Indonesia, Iran, Morocco, Pakistan, and Saudi Arabia.

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