Book of Offenses (Jināyāt)
Introduction
The term jināyāt (sing. jināyah) comes from the verb janā, yajni, jināyatan, originally meaning "to pick fruit from its tree." In general usage it was later restricted to acts that are unlawful, so one may say, "He has committed a sin (janā al-dhanba)" when he performs a blameworthy deed.
In the Arabic language it denotes any transgression against a person’s body, property, or honor.
Technically, it refers to an assault upon the body that entails either retributive retaliation (qiṣāṣ) or financial compensation.
The prohibition of such offenses is firmly established by the Quran, the Sunnah, consensus of the scholars, and analogy.
- The Quran:
“Do not kill the soul that Allah has made sacred, except with due right.” (al-Anʿām 151)
“And whoever kills a believer intentionally—his recompense is Hell, wherein he will remain; Allah is angry with him, has cursed him, and has prepared for him a tremendous punishment.” (al-Nisāʾ 93)
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The Sunnah:
The Prophet ﷺ said, “It is not lawful to shed the blood of a Muslim…,” and so on in the well-known ḥadith. -
Consensus:
More than one scholar has transmitted the unanimous agreement on this matter; it is something necessarily known as part of the religion. Analogy leads to the same conclusion: were it not for the law of retaliation and the punishments imposed on criminal offenders, people would destroy one another and the order of the world would collapse. A deterrent penalty is therefore indispensable, making the offender an example and a lesson for anyone contemplating a similar act.