Criminal Justice In Islam

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Languange : en
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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.


Criminal Justice In Islam

Author by : Muhammad Abdel Haleem
Languange : en
Publisher by : I. B. Tauris
Format Available : PDF, ePub, Mobi
Total Read : 92
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File Size : 45,7 Mb
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Description : A formidable array of judicial talent considers all aspects of Islamic criminal procedure with the firm emphasis on its practical application today in modern states. Where do Islamic courts operate in the modern world? What training does an Islamic judge receive? How does an Islamic court deal with a criminal case? What proof and evidence does it accept? What law and practice do the Islamic judges apply to transgressions by Westerners in Saudi Arabia, whether they be accused of murder, adultery or drinking alcohol? This book attempts to answer all these and many more crucial questions of Islamic law as they affect the different nations of the Islamic World.


Islamic Criminal Law Oxford Bibliographies Online Research Guide

Author by : Christie S. Warren
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 9
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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.


Islam Crime And Criminal Justice

Author by : Basia Spalek
Languange : en
Publisher by : Routledge
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Total Read : 22
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Description : This book brings together research into key aspects of the interconnections between Islam, crime and the criminal justice system in Britain, a particularly timely collection in the light of both the recent disturbances in several northern English cities as well as the impact of the events of 11 September 2001 and their aftermath. Chapters in the book focus on young Muslim men and criminal activity, Muslim women and their experiences of victimisation, the experiences of Muslim police officers, of Muslims in prison, issues of human rights in relation to Muslims in Britain, and the criminal justice policy implications of religious diversity. Main aims pursued through the book include issues of victimisation as perceived by Muslim communities, Muslim perspectives on crime and criminal justice, and ways of addressing issues of marginalisation and exclusion within Muslim communities. Overall the book provides an important contribution to debates over the role of Muslims in British society generally, as well as their experiences of and involvement in the criminal justice system and the policy implications that arise from this.


Crime And Punishment In Islamic Law

Author by : Mohammad Hashim Kamali
Languange : en
Publisher by : Oxford University Press, USA
Format Available : PDF, ePub, Mobi
Total Read : 78
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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.


Criminal Justice In Islam

Author by : M. A. Abdel Haleem
Languange : en
Publisher by :
Format Available : PDF, ePub, Mobi
Total Read : 82
Total Download : 755
File Size : 45,9 Mb
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Description : An array of judicial talent considers all aspects of Islamic criminal procedure with the firm emphasis on its practical application today in modern states. Where do Islamic courts operate in the modern world? What training does an Islamic judge receive? How does an Islamic court deal with a criminal case? What proof and evidence does it accept? What law and practice do the Islamic judges apply to transgressions by Westerners in Saudi Arabia, whether they be accused of murder, adultery or drinking alcohol? This text attempts to answer these and many more crucial questions of Islamic law as they.


Islamic Concept Of Crime

Author by : Dr Muhammad Tahir-ul-Qadri
Languange : en
Publisher by : Minhaj-ul-Quran Publications
Format Available : PDF, ePub, Mobi
Total Read : 89
Total Download : 142
File Size : 55,9 Mb
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Description :


The Sacred Law Of Islam

Author by : Hamid R Kusha
Languange : en
Publisher by : Taylor & Francis
Format Available : PDF, ePub, Mobi
Total Read : 40
Total Download : 604
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Description : Islam's Sacred Law is one of the most complex, detailed and comprehensive legal theories that Islam, as a Western religion, has produced in its capacity as a doctrine of social justice. However, few available texts have dealt with the treatment of women under the actual system of justice that adheres to Islam's Sacred Law. This book fills this void by providing a much needed comprehensive study of the application of the Sacred Law to women under the Islamic Republic of Iran's justice system. It will be a fascinating guide to all those interested in comparative law, criminal justice and the sociology of law.


The Shari A And Islamic Criminal Justice In Time Of War And Peace

Author by : M. Cherif Bassiouni
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 62
Total Download : 144
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Description : Shows that the shari'a and Islamic law are compatible with contemporary international human rights laws and norms, and appropriate for use in Muslim societies.


Islamic Criminal Law And Procedure

Author by : Matthew Ross Lippman
Languange : en
Publisher by : Praeger Pub Text
Format Available : PDF, ePub, Mobi
Total Read : 74
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Description : 2. The origins of islamic law


Crime And Punishment In Islamic Law

Author by : Rudolph Peters
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 98
Total Download : 311
File Size : 54,9 Mb
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Description : This book, first published in 2006, is an account of the theory and practice of Islamic criminal law.


Islam And International Criminal Law And Justice

Author by : Tallyn Gray
Languange : en
Publisher by : Torkel Opsahl Academic EPublisher
Format Available : PDF, ePub, Mobi
Total Read : 77
Total Download : 831
File Size : 51,6 Mb
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Description : This book explores a broad range of issues on Islam and international criminal law and justice. Ten authors shed detailed light on the relationship between Islam, Islamic law and Islamic thought and international criminal law.


Islam And International Law

Author by :
Languange : en
Publisher by : Martinus Nijhoff Publishers
Format Available : PDF, ePub, Mobi
Total Read : 35
Total Download : 700
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Description : Islam and International Law explores the multi-faceted relationship of Islam and international law. Current debates on Sharia, Islam and the “West” often suffer from prejudice and platitudes. The book seeks to engage such self-centrism by providing a plurality of perspectives, both in terms of interdisciplinary research and geographic backgrounds.


The Application Of Islamic Criminal Law In Pakistan

Author by : Tahir Wasti
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 63
Total Download : 551
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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.


Crimes And Punishments Under Islamic Law

Author by : Yahaya Yunusa Bambale
Languange : en
Publisher by :
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Total Read : 90
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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.


World Criminal Justice Systems

Author by : Richard J. Terrill
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 22
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Description : Includes bibliographical references (p. 639-665) and indexes.


Toward An Islamic Reformation

Author by : Abdullahi Ahmed An Na'im
Languange : en
Publisher by : Syracuse University Press
Format Available : PDF, ePub, Mobi
Total Read : 96
Total Download : 611
File Size : 40,5 Mb
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Description : Toward an Islamic Reformation is an ambitious attempt to modernize Islamic law, calling for reform of the historical formulations of Islamic law, commonly known as Shari'a that is perceived by many Muslims to be part of the Islamic faith. As a Muslim, Abdullahi Ahmed An-Na'im is sensitive to and appreciative of the delicate relationship between Islam as a religion and Islamic law. Nevertheless, he considers that the questions raised here must be resolved if the public law of Islam is to be implemented today. An-Na'im draws upon the teachings and writings of Sudanese reformer Mahmoud Mohamed Taha to provide what some have called the intellectual foundations for a total reinterpretation of the nature and meaning of Islamic public law.


Policing Muslim Communities

Author by : Farrukh B. Hakeem
Languange : en
Publisher by : Springer Science & Business Media
Format Available : PDF, ePub, Mobi
Total Read : 93
Total Download : 905
File Size : 43,9 Mb
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Description : In the past two decades, Muslim countries across the globe have been faced with a crisis in governance. Starting with a summary of Islamic Law (Sharia) and its implications for law enforcement, this book will highlight the unique needs and challenges of law enforcement, and particularly policing, in these communities. It will provide a scholarly exposition of Sharia law and how it is compatible (or not) with policing in a modern context. The role and contribution of Sharia Law towards conceptualizing law enforcement in a modern context is certainly worth looking forward to, especially understanding its co-existence with civil law in countries with minority Muslim communities. Featuring case studies from throughout the Muslim world, this volume will highlight key qualities of Sharia law and Muslim culture that play a role in law enforcement, including: case processing, community policing, police administration, human rights, and the influence of globalization. Taking a comprehensive approach, this work provides a historical context for colonization events in Muslim countries and their influence on current law enforcement systems, as well as providing key insights into the particular norms that make up the bases for Muslim societies, and their unique needs. Looking into the future, it provides guidelines for how community policing can play a proactive role in law enforcement and crime prevention.


Islamic Law In Malaysia

Author by : Adnan Trakic
Languange : en
Publisher by : Springer Nature
Format Available : PDF, ePub, Mobi
Total Read : 26
Total Download : 441
File Size : 42,5 Mb
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Description : This book examines the challenges of the implementation of Islamic law in Malaysia. Malaysia is a pertinent jurisdiction to explore such challenges given its global focus, colonial history and institutions, and the intersection of the Shari’ah and secularism/multiculturalism. The resultant implementation challenges are underpinned by three factors that make Malaysia an important jurisdiction for those interested in understanding the place of Islamic law in the global context. First, Malaysia is often considered as a model Islamic country. Islamic law is a source of law in Malaysia. The Islamic law legal system in Malaysia operates in parallel with a common law legal system. The two systems of law generally are in harmony with one another. Nevertheless, occasional cross-jurisdictional issues do arise, and when they do, the Malaysian judiciary has been quite efficient in solving them. The Malaysian experience in maintaining such harmony between the two legal systems provides lessons for a number of countries facing such challenges. Second, Malaysia has a developed Shari’ah court system that interprets and applies Islamic law predominantly based on the Shafi’i school of thought. While, for the most part, the approach has been successful, there have been times when the implementation of the law has raised concerns as to the compatibility of Islamic law with modern principles of human rights and common law-based values. Third, there have been cases where Islamic law implementation in Malaysia has gained global attention due to the potential for wider international implications. To do justice to this complex area, the book calls on scholars and practitioners who have the necessary expertise in Islamic law and its implementation. As such, this book provides lessons and direction for other countries that operate a dual system of secular and Islamic laws.


An Introduction To Islamic Jurisprudence

Author by : Daniel (Ghasem) Akbari
Languange : en
Publisher by : AuthorHouse
Format Available : PDF, ePub, Mobi
Total Read : 85
Total Download : 737
File Size : 48,8 Mb
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Description : What is Sharia? What does Islam teach? To what extent do ordinary Muslims know about and understand Islamic rules? How can one learn sharia in a simple, accurate way? How do Muslim scholars derive Sharia rules? The objective of the present book is to be a study course for law students who want to learn how to perform Islamic legal reasoning. The goal is to simplify the material to the point where students who are not professional Islamic scholars can, nevertheless, discuss and analyze sharia.


Dispensing Justice In Islam

Author by : Muḥammad K̲ālid Masud
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 11
Total Download : 777
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Description : Dispensing Justice is designed to serve as a sourcebook of Islamic judicial practice and qadi judgments from the rise of Islam to modern times, drawing upon court records and qadi court records, in addition to literary sources. The volume fills a large gap in Islamic legal history. "Dispensing Justice" is designed to serve as a source book of Islamic judicial practice from the rise of Islam to modern times, drawing upon legal documents, qadi court records, archival marerials and literary souces. The volume fills a large ap in our understanding of Islamic legal history. (modified by Powers).


The Muslim Book Of Why

Author by : Imam Warithudeen Umar
Languange : en
Publisher by : iUniverse
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Total Read : 54
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Description : Islam is a very mysterious and complex faith, one of intellectual depth in prayer and practice. It is unfortunate that the teachings of Islam have been marred by centuries of intellectual malaise, political misdirection, extremism, and disunity, leaving many spiritual wanderersboth Muslim and non-Muslimto ponder a plethora of unaddressed questions about these sacred teachings. In his newest book, The Muslim Book of Why: What Everyone Should Know about Islam, author, scholar, and leading jihad theorist Warithudeen Umar highlights the concept of ijtihad in an attempt to help answer many of todays most pressing questions about Islam. Ijtihad is described as a creative and disciplined intellectual effort to derive legal rulings from Islamic sources while taking into consideration the variables brought on by the fluctuating circumstances of the Muslim world. Though the world has changed and expanded, humanitys need for these teachings viewed through the clarifying concept of ijtihad has not. To right these wrongs of gross misguidance within Muslim society, we must deconstruct history in order to discern what went wrong after the revelation of the Quran was shared with the world. The Muslim Book of Why seeks to do so, refocusing Muslim thought on a life of faith, family development, and worship.