Forensic or criminological or legal psychology is a sub-discipline in psychology that applies psychological theories and research in forensic, criminal and legal settings. These settings also include police, courtroom prison, and psychiatric ward for criminals. On the other hands, Shari`ah or Islamic Law is a system and at the same time a way of life. For non-Muslims, they may accept Islamic system (i.e., political, economic, social, and educational aspects) as a better alternative to modern secular ideologies (e.g., capitalism, socialism, liberalism, and pragmatism). And for Muslims, we have to accept Islam as a system plus as a so-called ‘religious’ aspects of it (i.e. `aqidah/creed, `ibadah/rituals, and akhlaq/morality). The applied side of shari`ah called fiqh is the interpretation of Shari`ah by Muslims scholars. And one of the most related sub-discipline of shari`ah to forensic psychology is the Islamic criminal law (fiqh jinayah) that include hudud, qisas, and ta`zir.
Unfortunately, hudud has been a scary word and we Muslims are partly to be blamed for promoting the technicality side of hudud stoning to death, cutting off hands, etc. rather than on the maqasid (i.e. the spirit and the psychological) part of it. In fact, hudud is just one part of fiqh jinayah, and fiqh jinayah is just one part the whole fiqh, and fiqh is the applications of shari`ah principles. Unfortunately, non-Muslims and Muslims alike has been equating shari`ah with hudud only.
How can this two related yet different disciplines (fiqh and forensic psychology) be perceived as a single knowledge coming from Allah SWT? There are at least three ways the two disciplines can help in developing Islamic forensic (and thus implementation of shari`ah) in future:
Islamisation of the secular forensic psychology focusing on its unIslamic aspects in terms of philosophy, theories, research, and practices.
Releventisation of Islamic law focusing on using scientific theories and research in forensic psychology to operationalise Islamic concepts established in the Qur’an, Sunnah, and Islamic heritage and improve the effectiveness of the implementation of Islamic criminal law.
Integration between the two disciplines focusing on neutral theories and scientific research findings in forensic psychology that actually support what has been mentioned in the Qur’an, Sunnah, and early Muslim scholars and how they had ‘applied’ psychological principles we only ‘know’ today in implementing the shari`ah.
But first let us compare between Shari`ah and human-made law:
Human is the creation of human: It is imperfect, apologetic, weak and inadequate. Shari`ah law is divine revelation; It embraces all the affairs and problems of the present and future.
Human law is a collection of provisional rules which are in harmony only with the social needs of a particular period. Shar`ah law is a code of rules which Allah has formulated to regulate affairs of the human society at all times.
I know that some people read the above two comparisons with skepticism because it seems that shari`ah is too perfect to be true, too all-inclusive to be practical, and too rigid to be timeless. However, this is where the other characteristics of shari`ah law need to be highlighted. In the next post, I will address this issue.
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About the Author:
Alizi Alias currently works as a General Manager (Human Capital), Medic IG Holdings, Bandar Baru Bangi, Malaysia. He was an Assistant Professor in the Department of Psychology, International Islamic University Malaysia from 2007 to 2018.
Note: This article gives the views of the Authors, and not the position of the Department of Psychology IIUM Blog, nor of the Department of Psychology IIUM.