Criminal Law in Uganda & Islamic Criminal Law: A Comparative Study

Abstract

The book integrates Islamic criminal law with the criminal law of Uganda. It discusses the law and moral values as factors that assist in regulating societal behaviour. The book is developed as a teaching manual to provide students and other readers with resources on the two legal disciplines. The aim is to enable the reader to appreciate the principles of law under Islamic criminal law and the criminal law of Uganda. This is not intended to check on the superiority of the two legal systems but this being a comparative study it will enable identification of the best practices of each legal system which might be adopted to enhance protection of the people and their properties. The book is divided into two parts; the first part of this book has got eight chapters.

It covers important aspects of the criminal law of Uganda including the sources of criminal law and enforcement mechanisms, principles of criminal law and liability, defences to a criminal charge, parties to a crime and a detailed discussion of selected offences under the Penal Code Act of Uganda. This is intended to provide students and legal practitioners with a comprehensive discussion on the substantive criminal law of Uganda highlighting its application by courts. Recent developments in the law are highlighted together with the implications on the legal system of Uganda. The book is designed to cover all major topics on substantive criminal law syllabuses.

The second part of this book has got six chapters. It covers Islamic criminal law in a comparative perspective with the criminal law of Uganda. It discusses the sources of Islamic law and the principles of criminal responsibility which guide the Muslim judge in adjudication of matters before court. It also briefly highlights different modes of criminal responsibility under strict liability, inchoate liability and accomplice liability under Islamic criminal law. The defences to criminal liability are discussed as well as the nature and theories of punishments under Islamic criminal law. This part also examines in detail the classification of offences and punishments under Islamic criminal law to show the peculiar nature of this law which is based on divine revelation. Lastly, the relationship between human rights and criminal law in the secular and Islamic perspectives is made to show the tension betweenii human rights and criminal law with a focus on capital punishments.

The debate concerning compatibility of Islamic criminal law with human rights law is highlighted to show how Muslim scholars have addressed human rights concerns on imposition of capital punishments under Islamic criminal law. The book demonstrates that the general principles of criminal law, major crimes and punishments are provided for in both legal systems but Islamic criminal law is extensive in that it penalises moral wrongs. It also provides for penalties in the hereafter since it originates from divine revelation. Generally, the book adopts a comparative approach to analyse the Islamic and Ugandan criminal law systems. Note should be taken that references to “he”, “him”, “his” should be understood as gender neutral.