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On Statute of Limitations

Yassine
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8/14/2015 5:32:36 PM
Posted: 1 year ago
- The topic is on statute of limitations concerning criminal cases. Do you think they are necessary? Just to the offended? Just to the offender? Should they include murder & heinous crimes?

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- From my own perspective, in Islamic Law, limitation periods for criminal offences are generally short, aside from Retributions (murder & such) which have none. In cases of Transgressions against the Self (or against God), such as drinking alcohol or fornication/adultery, the limitation period is very short. For drinking alcohol it ends when the smell of alcohol wears off. For fornication/adultery, it's one month. In cases of Transgressions against Others, such as theft, the limitation period is one month, though could be extended to more depending on the case. The system of authority concerned with extending these periods is called Madhalim (Equity System), the ordinary Q'adaa (Judicial System) does not possess such authority.

- This statute of limitations does not include Restitutions, Compensations & Merits. For instance, if the limitation period on theft is over, the thief may not be punished for the crime, but he still has to return or compensate what he stole. It also does not, generally, feature in Arbitration Law or in Dispute Law, in which both the plaintiff & the defendant are pursuing the case.

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- Please share your thoughts.
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