Breach of Trust (خيانة - k͟hiyānah)
Definition
In Islamic law, a “Breach of Trust” is termed as خيانة (k͟hiyānah). It refers to the violation of trust placed by one person in another, especially in matters involving fiduciary duties or property. Unlike ordinary theft, a breach of trust does not result in the punishment of amputation of the hand.
Etymology
- Arabic: خيانة (k͟hiyānah)
- Turkish: Hainlik or güven ihlali
The Arabic root for k͟hiyānah is k͟hāna (خَانَ), which broadly means “to betray” or “to act treacherously.” The term is commonly used to describe acts where trust is violated.
Legal Implications
Difference from Ordinary Theft
Ordinary theft (سرقة - sariqah) is considered a more severe offense in Islamic law and is often punishable by ḥadd, which may involve the amputation of the hand, depending on specific conditions. In contrast, a breach of trust is treated as a lesser offense and does not warrant such severe corporal punishment.
Judicial Discretion
The punishment for a breach of trust is generally left to the discretion of the judge (القاضي - qāḍī). The judge can consider various factors, such as the nature of the violation and the circumstances surrounding the act. Penalties can range from fines to imprisonment or other forms of reprimand.
Special Cases
- Guest Stealing from Host: If a guest steals the property of his host while staying in their home, it is classified under breach of trust. In this case, the hand is not cut off, reflecting the law’s nuanced understanding of different kinds of theft.
Reference Work
The explanation provided is principally derived from “Hamilton’s Hidāyah,” a seminal work in Islamic jurisprudence:
- Hamilton’s Hidāyah, vol. ii. pp. 93–102
Further Reading
- “Principles of Islamic Jurisprudence” by Mohammad Hashim Kamali
- “Islamic Criminal Law and Procedure: An Introduction” by Matthew Lippman
- “Law and Piety in Medieval Islam” by Megan H. Reid
Takeaways
- Trust and Betrayal: K͟hiyānah underscores the gravity of violating trust in Islamic law.
- Judicial Discretion: The punishment for a breach of trust is flexible and at the judge’s discretion, highlighting the nuanced application of Islamic legal principles.
- Comparative Severity: Breach of trust is considered less severe than ordinary theft, particularly in matters of corporal punishment.
Conclusion
In Islamic judicial practice, k͟hiyānah (breach of trust) serves as a significant ethical and legal concept, emphasizing both the protection of trust and a balanced approach to justice. By understanding the distinctions and nuances of various forms of violation, one gains deeper insight into the comprehensive nature of Islamic law.
Remember to explore the recommended books for a thorough understanding of Islamic law and the intricate differences between various types of offenses.
