GENERAL PRINCIPLES OF CRIMINAL LAW AS EXPOUNDED BY IMAM SARAKHSI

Abstract

In an earlier essay about the methodology of the Hanafi School, we have shown in detail that this methodology primarily relies on the general principles of law. We have also explained that these principles are used not only for understanding the detailed rules of the law but also for extending the law to new cases through the methodology of takhrij. Now in this paper, we have compiled some of the important general principles of the Hanafi law of hudud from the Kitabl al-Hudud of al-Mabsut by Shams al-A’immah Abu Bakr Muhammad b. Abi Sahl al-Sarakhsi. For the sake of convenience, we have categorized these principles in various sets and have given examples of the application of the principles in the footnotes. We have also retained the original Arabic wording of the principle coined by Imam Sarakhsi as we believe that he masters the art of legal drafting. We hope that these principles will illustrate the line of reasoning adopted by the Hanafi jurists for developing criminal law, particularly of hudud and qisas.