Crime And Punishment In Islamic Law

Author by : Rudolph Peters
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Publisher by : Cambridge University Press
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Description : This book, first published in 2006, is an account of the theory and practice of Islamic criminal law.


Crime And Punishment In Islamic Law

Author by : Mohammad Hashim Kamali
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Publisher by : Oxford University Press, USA
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Description : In Crime and Punishment in Islamic Law: A Fresh Interpretation, Mohammad Kamali considers problems associated with and proposals for reform of the hudud punishments prescribed by Islamic criminal law, and other topics related to crime and punishment in Shariah. He examines what the Qur'an and hadith say about hudud punishments, as well as just retaliation (qisas), and discretionary punishments (ta'zir), and looks at modern-day applications of Islamic criminal law in 15 Muslim countries. Particular attention is given to developments in Malaysia, a multi-religious society, federal state, and self-described democracy, where a lively debate about hudud has been on-going for the last three decades. Malaysia presents a particularly interesting case study of how a reasonably successful country with a market economy, high levels of exposure to the outside world, and a credible claim to inclusivity, deals with Islamic and Shariah-related issues. Kamali concludes that there is a significant gap between the theory and practice of hudud in the scriptural sources of Shariah and the scholastic articulations of jurisprudence of the various schools of Islamic law, arguing that literalism has led to such rigidity as to make Islamic criminal law effectively a dead letter. His goal is to provide a fresh reading of the sources of Shariah and demonstrate how the Qur'an and Sunnah can show the way forward to needed reforms of Islamic criminal law.


Islamic Criminal Law Oxford Bibliographies Online Research Guide

Author by : Christie S. Warren
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Publisher by : Oxford University Press
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Description : This ebook is a selective guide designed to help scholars and students of Islamic studies find reliable sources of information by directing them to the best available scholarly materials in whatever form or format they appear from books, chapters, and journal articles to online archives, electronic data sets, and blogs. Written by a leading international authority on the subject, the ebook provides bibliographic information supported by direct recommendations about which sources to consult and editorial commentary to make it clear how the cited sources are interrelated related. A reader will discover, for instance, the most reliable introductions and overviews to the topic, and the most important publications on various areas of scholarly interest within this topic. In Islamic studies, as in other disciplines, researchers at all levels are drowning in potentially useful scholarly information, and this guide has been created as a tool for cutting through that material to find the exact source you need. This ebook is a static version of an article from Oxford Bibliographies Online: Islamic Studies, a dynamic, continuously updated, online resource designed to provide authoritative guidance through scholarship and other materials relevant to the study of the Islamic religion and Muslim cultures. Oxford Bibliographies Online covers most subject disciplines within the social science and humanities, for more information visit www.aboutobo.com.


Crimes And Punishments Under Islamic Law

Author by : Yahaya Yunusa Bambale
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Description : This is an apt publication for modern times, in which 'Sharia' has become a byword for an unacceptable social system, and is vilified as such; when crime is rife in communities governed by Sharia; and when in the non-Islamic West, the Islamic social and criminal justice systems are subject to intense public scrutiny and criticism, but remain little understood. The author presents a clear and factual account of the Islamic criminal justice system, expounding what he considers to be the real issues of Sharia, often ignored or misrepresented by both Islamic and Western scholars, and explaining its wider Islamic context and ethics, its Arabic roots, classical heritage and terminology, and its relevance to contemporary Muslim societies. Contents: concept of crime; features of Islamic criminal liability; defences to Islamic criminal liability; 'Hudud' crimes; 'Zina' - adultery or fornication; 'Qadhf' - slander or false accusation; 'Hadd' offence of 'al-sariqa' - theft; 'Hadd' offence of 'shurbul khamr' - wine drinking; 'Hiraba' - brigandage or highway armed robbery; 'Riddah' - apostasy; 'Baghye' - rebellion or treason; 'Qisas - retaliation; 'Ta'azir' punishment.


Crime And Punishment In Islamic Law

Author by : Professor of Islamic Studies Rudolph Peters
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Description : This is an account of the theory and practice of Islamic criminal law.


Crime And Punishment

Author by : Muhammad Abdullah Vahed
Languange : un
Publisher by :
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Islamic Concept Of Crime

Author by : Dr Muhammad Tahir-ul-Qadri
Languange : un
Publisher by : Minhaj-ul-Quran Publications
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Crime And Punishment Under Islamic Law

Author by : M. Mukarram Ahmed
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Publisher by :
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Description : The Arabic word janayat means the wrong committed by someone. It is the infinitive of Jani Alaih Sharrun meaning so and so has done wrong to so and so. In the terminology of Islamic jurisprudence, the term connotes committing an act which is unlawful under the shariah, whether such and act affects the life of someone or his property, et.


Sharia The Islamic Law

Author by : Corinna Standke
Languange : un
Publisher by : GRIN Verlag
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Description : Seminar paper from the year 2008 in the subject Orientalism / Sinology - Islamic Studies, grade: 1,7, University of Hildesheim (Institut fur Angewandte Sprachwissenschaft), course: Ba-Seminar Interkulturelle Kommunikation, 18 entries in the bibliography, language: English, abstract: Today, we live in a multicultural society. In our nearest environment there are people from different cultures or religions and they are part of our society. Muslims are one group that participates in our daily lives. For example, we are surrounded by many Turkish people, without really knowing which principles they follow. If we open a newspaper, we find plenty of articles dealing with Sharia, the Islamic law. There is for example the Archbishop of Canterbury who wants to integrate Islamic law into British law. And at present, the debate on headscarves in Turkish universities revives. Once in a while, we hear from women who are sentenced to death because they had unlawful sexual intercourse. But what do we really know about Muslims? Which rules do they follow and where do these rules come from? If we cannot answer this question, it is difficult to understand why there are these harsh punishments in some Islamic countries and why Islam is so important for the social development of these countries. There are Islamically inspired schools, clinics, social welfare services, and insurance and finance companies that have proliferated. Governments have to face crises of identity and political legitimacy and they are pressured to reformulate values and legislation within an Islamic framework. Some people call for the implementation of Sharia and others call for the Islamization of existing laws. In my paper, I will give an insight into Sharia and I will show how it is implemented in different Islamic countries. As this is a very complex topic, I will focus on the origin of Sharia, customs, family law, and crime and punishment, so as to explain the main principles of Muslim faith."


The Codification Of Islamic Criminal Law In The Sudan

Author by : Olaf Köndgen
Languange : un
Publisher by : BRILL
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Description : This book fills an important gap in the available literature on the more recent developments of the Sudanese legal system, with a special focus on Islamic Criminal Law on the one hand and its administration by the Sudanese Supreme Court on the other.


Crime And Punishment In Indonesia

Author by : Timothy Lindsey
Languange : un
Publisher by : Routledge
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Description : "Indonesia's criminal law system is dysfunctional. Despite the country's transition to democracy, both the Criminal Code and the Criminal Procedure Code are badly out of date, the former only superficially changed since colonial times and the latter remaining as it was under Soeharto's authoritarian New Order regime. Law enforcement officers and judges are widely seen as corrupt or incompetent, and new laws, including new Islamic laws passed at the regional level, often contradict the Criminal Code and national statutes, including human rights laws. This book, based on extensive original research by leading scholars in the field, provides an overall assessment of the state of criminal law, law enforcement and penal policy in Indonesia, considers in depth a wide range of specific areas of criminal law, and discusses recent efforts at reform and their prospects for success"--


Crime And Punishment In Istanbul

Author by : Fariba Zarinebaf
Languange : un
Publisher by : Univ of California Press
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Description : This vividly detailed revisionist history exposes the underworld of the largest metropolis of the early modern Mediterranean and through it the entire fabric of a complex, multicultural society. Fariba Zarinebaf maps the history of crime and punishment in Istanbul over more than one hundred years, considering transgressions such as riots, prostitution, theft, and murder and at the same time tracing how the state controlled and punished its unruly population. Taking us through the city's streets, workshops, and houses, she gives voice to ordinary people—the man accused of stealing, the woman accused of prostitution, and the vagabond expelled from the city. She finds that Istanbul in this period remains mischaracterized—in part by the sensational and exotic accounts of European travelers who portrayed it as the embodiment of Ottoman decline, rife with decadence, sin, and disease. Linking the history of crime and punishment to the dramatic political, economic, and social transformations that occurred in the eighteenth century, Zarinebaf finds in fact that Istanbul had much more in common with other emerging modern cities in Europe, and even in America.


Legal Maxims In Islamic Criminal Law Theory And Applications

Author by : Luqman Zakariyah
Languange : un
Publisher by : BRILL
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Description : Using contemporary illustrations, Legal Maxims in Islamic Criminal Law delves into the theoretical and practical studies of al-Qawaid al-Fiqhiyyah in Islamic legal theory. It elucidates the importance of this concept in the application of Islamic law and demonstrates how the concept relates to the objectives of Islamic law (maqāṣid al-Sharī‘ah), generally.


Punishment Under Islamic Law

Author by : Abdul-Haq al- Ani
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Publisher by :
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Crime And Punishment In Indonesia

Author by : Tim Lindsey
Languange : un
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 62
Total Download : 747
File Size : 52,6 Mb
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Description : Indonesia’s criminal law system is dysfunctional. Despite the country’s transition to democracy, both the Criminal Code and the Criminal Procedure Code are badly out of date, the former only superficially changed since colonial times and the latter remaining as it was under Soeharto’s authoritarian New Order regime. Law enforcement officers and judges are widely seen as corrupt or incompetent, and new laws, including new Islamic laws passed at the regional level, often contradict the Criminal Code and national statutes, including human rights laws. This book, based on extensive original research by leading scholars in the field, provides an overall assessment of the state of criminal law, law enforcement and penal policy in Indonesia, considers in depth a wide range of specific areas of criminal law, and discusses recent efforts at reform and their prospects for success.


Criminal Law And The Rights Of The Child In Muslim States

Author by : Nisrine Abiad
Languange : un
Publisher by : BIICL
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Total Read : 14
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Description : By analyzing legislative and judicial actions in a selection of Muslim and non-Muslim States in relation to the rights of the child in criminal matters, this book identifies the possible harmonization between the obligations of international human rights law (e.g. the UN Convention on the Rights of the Child [UNCRC]) and the criminal justice systems within each State, particularly Islamic law (Sharia).The book features introductory chapters on child offenders in criminal law and Islamic law, and country reports (from rapporteurs) on Afghanistan, Egypt, Lebanon, Iran, Malaysia, Nigeria, Pakistan, Spain, Turkey, the United Arab Emirates, as well as the UK. Among other issues, the book discusses: the definition of 'child' in criminal law * the rights for child offenders under international law (UNCRC, the Beijing Rules, etc.) * the rights of the child under Islamic regional instruments * Islamic law, as it relates to child offenders * the age of criminal liability * the death penalty * the role of the judiciary in criminal cases within Muslim jurisdictions. Theoretical and comparative research methods highlight that the position of Islamic law on the age of criminal liability and the legal rights of child offenders is nuanced, both through the way various ways Islamic criminal law is implemented and the role of the judiciary in expanding the protection of juvenile offenders.


Cruel And Usual Punishment

Author by : Nonie Darwish
Languange : un
Publisher by : Thomas Nelson
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Description : Nonie Darwish lived for thirty years in a majority Muslim nation. Everything about her life?family, sexuality, hygiene, business, banking, contracts, economics, politics, social issues, everything?was dictated by the Islamic law code known as Sharia. But Sharia isn't staying in majority Muslim nations. Darwish now lives in the West and brings a warning; the goal of radical Islam is to bring Sharia law to your country. If that happens, the fabric of Western law and liberty will be ripped in two. Under Sharia law: A woman can be beaten for talking to men who are not her relatives and flogged for not wearing a headdress Daughters, sisters, and wives can be legally killed by the men in their family Non-Muslims can be beheaded, and their Muslim killers will not receive the death penalty Certain kinds of child molestation are allowed The husband of a "rebellious" wife can deny her medical care or place her under house arrest Think it can't happen? In 2008, England?once the seat of Western liberty and now the home of many Muslim immigrants?declared that Sharia courts in Britain have the force of law. When Muslim populations reach as little as 1 or 2 percent, says Darwish, they begin making demands of the larger community, such as foot-level faucets for washing before praying in public schools, businesses, and airports. "Airports in Kansas City, Phoenix, and Indianapolis are among those who have already installed foot baths for Muslim cab drivers," writes Darwish. These demands test how far Westerners will go in accommodating the Muslim minority. How far will they push? The Organization of the Islamic Conference works to Islamize international human rights laws and apply Sharia "standards" for blasphemy to all nations. The penalty for blasphemy? Death. Weaving personal experience together with extensive documentation and research, Darwish exposes the facts and reveals the global threat posed by Sharia law. Anyone concerned about Western rights and liberties ignores her warning and analysis at their peril.


Punishment In Islamic Law

Author by : Mohammad Hashim Kamali
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Publisher by :
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Michigan Law Review

Author by :
Languange : en
Publisher by :
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Total Read : 45
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Criminal Justice In Islam

Author by :
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Publisher by :
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Description : "Similar to other countries criminal justice has been one of the most debated issues in Islamic cultures. Over the years Islamic criminal law has attracted much media attention. However, debates over penal policies and practices in the Islamic world are touching between extremes which are ideologically and philosophically different from those of other countries. Islamic criminal justice system equally encompasses criminal procedure and the attendant institutional arrangements. The components of the Islamic criminal justice system therefore include law enforcements, prosecution, defence by the accused, court trial and post-conviction rehabilitation. Studying criminal punishment in Islamic countries, which have their own rationale behind punishing criminals, helps us to understand the nature of punishment as a social institution. Moreover, unraveling social and cultural conditions of penal practices in these countries reduces the level of "absurdity" and "idiosyncrasy" of some penal options in these countries. However, in other Islamic societies whose political order is not rested on Islam and its injections, Shari'a still plays a significant role in public and private life and competes with or even contradicts state laws. Therefore, Islamic punishments may be exercised by ordinary Muslims who do not believe in state penal laws and wish for an Islamic way of justice. This book Criminal Justice in Islam contains state of the art reviews of Islamic perspectives on punishment and sentencing. By drawing the parallels between both the Islamic and western concepts of punishments, this work attempts to dispel the western critique against the Islamic punishments. Islamic beliefs and practice, therefore, are discussed as the main explanatory factor for the low crime rate in Islamic countries. This book aims to equip the audience with the necessary tools to confidently challenge the misconceptions surrounding Islamic criminal law.


The Application Of Islamic Criminal Law In Pakistan

Author by : Tahir Wasti
Languange : un
Publisher by : BRILL
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Description : No legal system in the world has aroused as much public interest as Sharia. However, the discourse around Sharia law is largely focussed on its development and the theories, principles and rules that inform it. Less attention has been given to studying the consequences of its operation, particularly in the area of Islamic criminal law. Even fewer studies explore the actual practice of Islamic criminal law in contemporary societies. This book aims to fill these gaps in our understanding of Sharia law in practice. It deals specifically with the consequences of enforcing Islamic criminal law in Pakistan, providing an in-depth and critical analysis of the application of the Islamic law of Qisas and Diyat (retribution and blood money) in the Muslim world today. The empirical evidence adduced more broadly demonstrates the complications of applying traditional Sharia in a modern state.


Crime And Punishment Through Time

Author by : Christopher Culpin
Languange : en
Publisher by : Collins
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Description : This text follows changing attitudes to three types of crime: against the person; against property; and against the state. It then studies society's reaction to these crimes over time, factors for change and the pace of change.


Off The Straight Path

Author by : Elyse Semerdjian
Languange : un
Publisher by : Syracuse University Press
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Description : The legal treatment of sexual behavior is a subject that receives little scholarly attention in the field of Middle East women’s studies. Important questions about the relationship between sexuality and the law and about the societies enforcing that relationship are rarely addressed in the current literature. Elyse Semerdjian’s “Off the Straight Path” takes a bold step toward filling that gap by offering a fascinating look at the historical progression of the treatment of illicit sex under Islamic law. Semerdjian provides a comprehensive review of the concept of zina, i.e., sexual indiscretion, by exploring the diverse interpretation of zina crime as presented in a variety of sources from the Qur’an and hadith to legal literature. She then delves into the history of legal responses to zina within the specific community of Aleppo, Syria. Drawing on a wealth of shari‘a court records, Semerdjian provides a realistic view of Syrian society during the Ottoman period. With vivid detail, she describes specific women’s lives and experiences as their cases are presented before the court. Semerdjian argues that the actual treatment of zina crimes in the courts differs substantially from sentences prescribed by codified Islamic jurisprudence. In contrast to the violent corporal punishments dictated in the Islamic legal code, the courts often punished crimes of sexual indiscretion with nonviolent sentences, such as removal from the community. Employing exceptional insight, “Off the Straight Path” presents a powerful challenge to the traditional view of Islamic law, enabling a richer understanding of Islamic society.