content of level
The prescribed book for the course is Subulus-Salaam by the 17th century Yemenite scholar Muhammad ibn Ismaa‘eel as-San‘aanee which is a commentary on Buloogh al-Maraam written by Haafiz Ibn Hajar al- ‘Asqalaanee. In Buloogh the author gathered the majority of the hadeeths which are commonly used as the basic evidences for the Islamic legal system. The course material is comprised of the Chapter on Fasting (Kitaab as-Siyaam) from Subulus-Salaam.
Any pledge to do something forbidden must not be fulfilled, such as pledging oneself to drink wine, making pledges to dead people or making pledges to glorify a grave or an object.
The atonement of an unfulfilled oath is a must if it is a valid one, done deliberately and the swearer did not do what he swore to do, provided that he did not make an exception.
The rule on semi-deliberate killing or manslaughter falls in between deliberate and accidental killing. The offender is to pay indemnity from his wealth to the victim's family.
The important point when imposing a punishment is to be a deterrent, courts assess the indemnity payable according to the extent of the damage caused and suffering of the victim.
Qisas cannot be applied in case of losing a bodily organ, instead the victim has to be paid indemnity. If the loss cannot be assessed, the punishment is determined by a judge.
A qisas punishment is enforced in case of offences causing physical injury based on the Qur’an, the Sunnah and unanimity of scholars. Such Offences are of three categories.
Deliberate killing is a major sin, if the killer is a sane adult fulfilling 3 murder conditions he should be subjected to retribution of death as Qisas unless the victim's family forgives or accepts indemnity.
Committing a murder or killing someone without a lawful cause is strictly forbidden in Islam as stated in Quran. Killing is categorized into three types; deliberate, semi-deliberate and accidental.