Categories of Crimes Against Persons Other than Homicide According to The Perpetrator's Intent in Islamic Jurisprudence and Sudanese Law

Abstract

This research examines the categories of crimes against persons less than death, according to the perpetrator's intent, in Islamic jurisprudence and Sudanese law. One view divides them into intentional and unintentional, while another view divides them into three categories: intentional, quasi-intentional, and unintentional. The research also addresses their legal rulings according to Islamic jurists and Sudanese criminal law, which applies Islamic Sharia, and the elements of crimes against persons less than death, whether intentional, quasi-intentional, or unintentional.

The research concludes with the following key findings:

The majority of jurists divide crimes against persons less than death, according to the perpetrator's intent, into two categories: intentional and unintentional. The Shafi'i school and the majority of Hanbalis consider them to be three categories.

The general rule regarding crimes against persons less than death, according to the perpetrator's intent, is that whenever harm results, there is liability; if no harm results, there is no liability.