Role of Judges in Awarding Punishments For

Discretionary Crimes

Captain Dr. /Mustafa Ahmed Najeeb

Ploice College, Abu Dhabi

This study focusing on the rights of judges in solving these cases which do not come under the preview of Hudood or Qisas rules of Shariah.

It cuts the way for those culprits who think they can freely move and create disturbances. At the same time, the judges have the full authority to give punishments for suchoffences but they have certain limits under Shariah Law which he cannot ignore in anyway.

The judge actually enforces the orders of the ruler and both these try to implement the rulers laid down by Allah and thereby spread peace in the society by wiping out crimes altogether. In this way he protects the society of religion, intelligence, life, wealth and children.

Apart from these, this study also lays emphasis on related discretionary crimes and it has been made very clear that these punishments cover all crimes committed anywhere at anytime.

It also explains as to on what basis these punishments are given and in which situation they are not applicable. In doing so, it throws light on other discretionary crimes and their related punishments.

These sorts of crimes have been arranged in such a way so that it can be easily enforced and can also be refereed to easily in solving cases according to Shariah Law. It thereby lays stress, in detail, about the extent of such crimes as well as their fluctuating abilities.

The Judges should be capable of tackling situations arising from the changes in the nature of crime. He should be able to ascertain situations to which crimes require tough or light punishments as they are looked into and laid down by the law experts.