Crimes of Assault against Persons Mentioned in the Glorious Qur’an: A Comparative Study with the Yemeni Crimes and Penalties Law
DOI:
https://doi.org/10.54582/TSJ.2.2.169Keywords:
The Glorious Qur’an, Crime, Punishment, Crimes of Assault against PersonsAbstract
The study aims to answer the following questions: first, what is the legal characterization of crimes against persons mentioned in the Glorious Qur’an? Second, does the legal characterization in the Yemeni Crimes and Penalties Law agree with the Sharīʿah ruling stated in the Glorious Qur’an? The study also adopted the analytical method for the Qur’anic verses that mention crimes against persons in the Glorious Qur’an. These are the crime of premeditated murder, the crime of attempted murder, the crime of depriving the victim of one of his senses, the crime of accusation of adultery (qadhf), the crime of insult, and the crime of unlawfully imprisoning a person. The study arrived at the following findings:
A criminal act remains a crime no matter how good the characteristics of the perpetrator, or even if he is close to a prophet, such as the sons of Jacob (peace be upon him). Earthly relationships do not change the truth in any way, nor do they erase the criminal character of the act. Allah the Almighty said: “when Joseph said to his father, "O my father, indeed I have seen [in a dream] eleven stars and the sun and the moon; I saw them prostrating to me"(4). In addition, Allah the Almighty said: "They said, 'O our father, ask for us forgiveness of our sins; indeed, we have been sinners.' "He said, 'I will ask forgiveness for you from my Lord. Indeed, it is He who is the Forgiving, the Merciful." (97-98) – Surah Yusuf.
The criminal act remains criminal, and the perpetrator is punished for his deed, regardless of the motive for the crime. It is the same whether the murder is motivated by haste for inheritance, as happened in the case of the killing of Abel, or by jealousy and envy because his brother’s charity was accepted and his was not, as in the case of the killing of Cain. Allah the Almighty said: "And recite to them the story of Adam's two sons, in truth, when they both offered a sacrifice [to Allah], and it was accepted from one of them but was not accepted from the other. Said [the latter], "I will surely kill you." Said [the former], "Indeed, Allah only accepts from the righteous [who fear Him]" (27) – Surah Al-Maaida.
The Glorious Qur’an is a lesson and a warning for those who reflect upon it and ponder its meanings, verses, and stories. Allah the Almighty said: "There was certainly in their stories a lesson for those of understanding. Never was the Qur'an a narration invented, but a confirmation of what was before it and a detailed explanation of all things and guidance and mercy for a people who believe" (111) – Surah Yusuf.
The study concludes with these recommendations. First, the reader of the Glorious Qur’an ponder his/her recitation of the Glorious Qur’an in order to benefit from the lessons contained in the verses he/she reads. Second, law students ponder the crimes mentioned in the Glorious Qur’an so that they may increase in knowledge and experience. Third, this study should be a starting point for writing a scholarly thesis to explore the depths of these verses that mention these incidents or crimes.
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