Is There an Islamic Parallel to the Western Legal Concept of a “Statute of Limitations”?

Answered by Sidi Salman Younas

Question: It would be interesting to know if there is something similar in the Shari`ah to the western justice systems concept of the statute of limitations (time) for Crime. Or is the punishment for crime (which may be exposed later in time) always present?

Answer: assalamu `alaykum

I pray you are well and in the best of health.

Yes, the Islamic justice system does contain what we may refer to as the “statute of limitation”.

In the Western legal system, a statute of limitation is defined as a specified time period within which legal proceedings can be begun. After the passing of such a time period legal proceeding cannot be initiated. This statute was established in order to prevent fraud, corruption, tampering of evidence, and so forth.

This concept is also present within the Islamic legal system, especially as it relates to prescribed punishments (hudud). For example:

1.     Establishing the prescribed punishment (hadd) for adultery requires the nuanced testimony of four actual witnesses. These witnesses must submit their testimonies without undue delay, stipulated as being a month after their witnessing of the act.

2.     Establishing the prescribed punishment for drinking requires the nuanced testimony of two witnesses. This testimony must be given in the court of a judge while the smell of alcohol is still clearly present from the mouth of the accused, or the accused is in a state of intoxication. If the smell disappears or he is not in a state of intoxication then the prescribed punishment cannot be imposed.

3.     Establishing the prescribed punishment for theft also requires the nuanced testimony of two actual witnesses without undue delay.

The above demonstrates that the Islamic penal code has what is referred to in the West as “the statute of limitation”. [Maydani, Lubab; Zada, Majma` al-Anhur]

It should also be noted at this point that there are a host of criminal acts that do not have specific prescribed punishments (hudud) stipulated for them within the Shari`ah. Rather, in such cases, the Shari`ah has given the government the discretion of prescribing certain forms of punishment, such as imprisonment, fines, and so forth. The legal proceedings underlying these punishments may also be subject to statutes of limitation if deemed necessary by the administrative body that is charged with legislating them.

Wassalam

Salman

Checked & Approved by Faraz Rabbani