Crime and Punishment in Accordance with Sharia

The main idea of the work is to capture the nature, characteristics and classification of crime and punishment according to Sharia. The research goal has been achieved through the solution of the following tasks: a) to study the concept, sources and relationship between Sharia and fiqh; b) to study the concept, content and classification of crimes according to Sharia; c) to reveal the causes of criminal behaviour and its prevention in accordance with Sharia; d) to consider the concept, nature and classification of punishments in Sharia. The work is built mostly on analysing the concept of crime and punishment described in the Quran and sunnah. The methods of legal comparative studies, historical, systemic, dialectical and other ones were the methodological basis of the study. There were also private scientific and special methods of knowledge used alongside with the general scientific methods of knowledge. The research paper consists of an introduction, conclusion, three chapters and a list of references. While conducting the research, we have reached the following results: 1) Sharia and fiqh are not identical, as Sharia has a divine nature while fiqh is a human activity; 2) According to Sharia, a crime should be understood as an act of a person being within the jurisdiction of Sharia norms consciously violates the requirements of Sharia under the fear of punishment (divine or on earth). 3) The ‘hudud’ category of crimes should be complemented with another crime — sodomy. 4) According to Sharia, the main reason for committing crimes is the weakening of faith in Allah. 5) Prevention of crimes in Sharia is associated with an increase in the level of spirituality. 6) According to Sharia, punishment should be understood as retribution for violation of the prescriptions established by Allah. The main purpose of punishment is the correction of offenders’ (sinners’) behaviour.