Crime And Punishment In Islamic Law

Author by : Rudolph Peters
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 99
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Description : This book, first published in 2006, is an account of the theory and practice of Islamic criminal law.


Corpus Juris Of Islamic International Criminal Justice

Author by : Farhad Malekian
Languange : en
Publisher by : Cambridge Scholars Publishing
Format Available : PDF, ePub, Mobi
Total Read : 14
Total Download : 449
File Size : 54,9 Mb
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Description : This pioneering scholarly oeuvre evaluates the major comparative philosophy of Islamic international criminal justice. It represents an in-depth analysis of the necessities of creating an Islamic international criminal court, its possible jurisdiction, proceedings, judgments, and sanctions. It implies a court functioning under the legal personality of the International Criminal Court, with comparative international criminal lawyers with basic knowledge of Shariah contributing to the prevention of crimes and impunity at an international level. The morality and philosophy of Islamic justice are highly relevant with reference to the atrocities committed explicitly or implicitly under the pretext of Islamic rules by superiors, groups and governments. The volume focuses on substantive criminal law and three methods of the criminal procedure, namely the inquisitorial, adversarial, and adquisitorial. The first two constitute the corpus juris of civil and common law systems. The third term presents a hybrid of the first two methods. The intention is to enhance the scope of each method of the criminal procedure comprehensively. The volume examines their variations and effects on a shared system of international criminal justice. The inherence of comparable norms in the foundation of Islamic and international criminal law affirms their efficiency in the implementation of the essence of the complementarity principle. This book will appeal to readers who are interested in comparative criminal law, international criminal justice, and Shariah criminal law. It is recommended for course literature.


The Concept Of Mens Rea In International Criminal Law

Author by : Mohamed Elewa Badar
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 19
Total Download : 533
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Description : The purpose of this book is to find a unified approach to the doctrine of mens rea in the sphere of international criminal law, based on an in-depth comparative analysis of different legal systems and the jurisprudence of international criminal tribunals since Nuremberg. Part I examines the concept of mens rea in common and continental legal systems, as well as its counterpart in Islamic Shari'a law. Part II looks at the jurisprudence of the post-Second World War trials, the work of the International Law Commission and the concept of genocidal intent in light of the travaux préparatoires of the 1948 Genocide Convention. Further chapters are devoted to a discussion of the boundaries of mens rea in the jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda. The final chapter examines the definition of the mental element as provided for in Article 30 of the Statute of the International Criminal Court in light of the recent decisions delivered by the International Criminal Court. The study also examines the general principles that underlie the various approaches to the mental elements of crimes as well as the subjective element required in perpetration and participation in crimes and the interrelation between mistake of law and mistake of fact with the subjective element. With a Foreword by Professor William Schabas and an Epilogue by Professor Roger Clark From the Foreword by William Schabas Mohamed Elewa Badar has taken this complex landscape of mens rea at the international level and prepared a thorough, well-structured monograph. This book is destined to become an indispensable tool for lawyers and judges at the international tribunals. From the Epilogue by Professor Roger Clark This is the most comprehensive effort I have encountered pulling together across legal systems the 'general part' themes, especially about the 'mental element', found in confusing array in the common law, the civil law and Islamic law. In this endeavour, Dr Badar's researches have much to offer us.


The Oxford Handbook Of Criminal Law

Author by : Markus D Dubber
Languange : en
Publisher by : OUP Oxford
Format Available : PDF, ePub, Mobi
Total Read : 66
Total Download : 825
File Size : 47,6 Mb
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Description : The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison or corrections law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.


Corporate Criminal Liability

Author by : Khairat Oluwakemi Akanbi
Languange : en
Publisher by :
Format Available : PDF, ePub, Mobi
Total Read : 90
Total Download : 909
File Size : 40,6 Mb
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Description : This thesis aims at examining the legal framework for corporate criminal liability in Nigeria. In order to achieve the aims of this thesis, the thesis analyses relevant Nigerian legislation and case law. The thesis also analyses legislation and case law from United Kingdom and Australia not for comparison purposes but to draw lessons for Nigeria. United Kingdom and Australia were examined because they are commonwealth countries like Nigeria and thus, share similar circumstances. The thesis gives a historical background of the concept of corporate personality which is the basis of corporate criminal liability. The thesis also analyses corporate criminal liability in respect of strict liability regulatory offences and offences that requires the proof of mens rea. Based on this premise, the offences of bribery and corruption, occupational safety and corporate homicide were examined respectively. The thesis finds that the legal framework for corporate criminal liability in Nigeria is inadequate. In particular, there is an absence of a liability theory for determining the corporate mens rea. Relevant Nigerian legislation and case law do not recognise that a corporation can have a mens rea. The thesis also finds that the Nigerian criminal and corporate laws have not developed sanctions that are tailored for the corporate offender. Thus, there is a lack of adequate corporate sanctions. In addition, the thesis also analyses the challenges of corporate crime control in Nigeria and finds that there are financial and political challenges to corporate crime control in Nigeria. Also, the thesis examined the Islamic law perspective to corporate criminal liability and finds that corporate criminal liability can be accommodated under the Islamic law. As a result of these findings, the thesis recommends legislative, political and constitutional amendments which if adopted will improve the legal framework for corporate criminal liablilty in Nigeria.


Fiduciary Law

Author by : Tamar Frankel
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 90
Total Download : 111
File Size : 54,9 Mb
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Description : In Fiduciary Law, Tamar Frankel examines the structure, principles, themes, and objectives of fiduciary law. Fiduciaries, which include corporate managers, money managers, lawyers, and physicians among others, are entrusted with money or power. Frankel explains how fiduciary law is designed to offer protection from abuse of this method of safekeeping. She deals with fiduciaries in general, and identifies situations in which fiduciary law falls short of offering protection. Frankel analyzes fiduciary debates, and argues that greater preventive measures are required. She offers guidelines for determining the boundaries and substance of fiduciary law, and discusses how failure to enforce fiduciary law can contribute to failing financial and economic systems. Frankel offers ideas and explanations for the courts, regulators, and legislatures, as well as the fiduciaries and entrustors. She argues for strong legal protection against abuse of entrustment as a means of encouraging fiduciary services in society. Fiduciary Law can help lawyers and policy makers designing the future law and the systems that it protects.


Looking For The Doctor S Son

Author by : Michael Robert Hickok
Languange : en
Publisher by :
Format Available : PDF, ePub, Mobi
Total Read : 96
Total Download : 890
File Size : 40,8 Mb
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Capital Punishment New Perspectives

Author by : Peter Hodgkinson
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 15
Total Download : 680
File Size : 40,8 Mb
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Description : This collection asks questions about the received wisdom of the debate about capital punishment. Woven through the book, questions are asked of, and remedies proposed for, a raft of issues identified as having been overlooked in the traditional discourse. It provides a long overdue review of the disparate groups and strategies that lay claim to abolitionism. The authors argue that capital litigators should use their skills challenging the abuses not just of process, but of the conditions in which the condemned await their fate, namely prison conditions, education, leisure, visits, medical services, etc. In the aftermath of successful constitutional challenges it is the beneficiaries (arguably those who are considered successes, having been ’saved’ from the death penalty and now serving living death penalties of one sort or another) who are suffering the cruel and inhumane alternative. Part I of the book offers a selection of diverse, nuanced examinations of death penalty phenomena, scrutinizing complexities frequently omitted from the narrative of academics and activists. It offers a challenging and comprehensive analysis of issues critical to the abolition debate. Part II offers examinations of countries usually absent from academic analysis to provide an understanding of the status of the debate locally, with opportunities for wider application.


A Bibliography Of Islamic Law

Author by : Laila Al- Zwaini
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 42
Total Download : 477
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Description : This bibliography contains some 1,600 Western-language publications on Islamic law which have appeared between 1980 and 1993.


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 : 68
Total Download : 960
File Size : 54,7 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.


Distributive Principles Of Criminal Law

Author by : Paul H. Robinson
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 23
Total Download : 849
File Size : 54,9 Mb
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Description : Drawing from the existing theoretical literature and adding to it recent insights from the social sciences, Paul Robinson describes the nature of the practical challenge in setting rational punishment principles, how past efforts have failed, and the alternatives that have been tried.


World Criminal Justice Systems

Author by : Richard J. Terrill
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 80
Total Download : 350
File Size : 48,8 Mb
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Description : This comparative text provides an understanding of major foreign criminal justice systems by discussing and comparing the systems of six of the world’s more industrialized countries: England, France, Sweden, Russia, China and Japan — each representative of a different type of legal system — as well as a chapter on Islamic law that uses Saudi Arabia, Iran, and Turkey as main examples. Political, historical, organizational, procedural, and critical issues confronting the justice systems are explained and analyzed. Each chapter contains material on government, police, judiciary, law, corrections, juvenile justice, and other critical issues. Each chapter introduces a country and then covers "concepts to know," government, police, judiciary, law, corrections, and juvenile justice


The Handbook Of Comparative Criminal Law

Author by : Kevin Jon Heller
Languange : en
Publisher by : Stanford University Press
Format Available : PDF, ePub, Mobi
Total Read : 58
Total Download : 504
File Size : 52,7 Mb
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Description : This handbook explores criminal law systems from around the world, with the express aim of stimulating comparison and discussion. General principles of criminal liability receive prominent coverage in each essay—including discussions of rationales for punishment, the role and design of criminal codes, the general structure of criminal liability, accounts of mens rea, and the rights that criminal law is designed to protect—before the authors turn to more specific offenses like homicide, theft, sexual offenses, victimless crimes, and terrorism. This key reference covers all of the world's major legal systems—common, civil, Asian, and Islamic law traditions—with essays on sixteen countries on six different continents. The introduction places each country within traditional distinctions among legal systems and explores noteworthy similarities and differences among the countries covered, providing an ideal entry into the fascinating range of criminal law systems in use the world over.


The Insanity Defense The World Over

Author by : Simon
Languange : en
Publisher by : Rowman & Littlefield
Format Available : PDF, ePub, Mobi
Total Read : 32
Total Download : 563
File Size : 42,9 Mb
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Description : The Defense of Insanity, The World Over is the 10th in a series of books that examines and compares social issues or social problems from an explicitly comparative perspective. This volume examines and compares the criteria and procedures surrounding the defense of insanity across twenty-two countries. In addition to the criteria for each of the countries, Simon and Ahn-Redding report the burden of proof; whether this burden is on the side of the defense or the prosecution; the degree, beyond a reasonable doubt or by a preponderance of the evidence; the form the verdict takes; who typically decides, a judge or a jury; what role experts play in the proceedings; and what happens to the defendant if he or she is found not guilty by reason of insanity. The Defense of Insanity, The World Over provides a history of the defense of insanity going as far back as ancient Greek and Roman societies including the development of the defense in modern legal codes beginning with the British criteria in 1265. This one-of-a-kind study also looks at how the defense of insanity is treated in Jewish and Islamic law. Simon and Ahn-Redding have crafted an expert study that will appeal to scholar of sociology, criminal justice, and international studies.


An Introduction To Comparative Legal Models Of Criminal Justice

Author by : Cliff Roberson
Languange : en
Publisher by : CRC Press
Format Available : PDF, ePub, Mobi
Total Read : 97
Total Download : 167
File Size : 43,7 Mb
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Description : While in Plato’s time there may have been some truth to his belief that there can only be "one single justice, and one single law," such is not the case today. Criminal justice systems vary widely across the world in their approaches to the problem of crime. Bringing together the collective wisdom of Cliff Roberson and Dilip K. Das, two world-renowned experts and university professors who have been involved in the criminal justice system for over thirty years, An Introduction to Comparative Legal Models of Criminal Justice presents the theme that a country’s legal model to a great extent determines the character of its police and corrections as well as its legal system. This book examines these different systems and is a useful reference guide for all criminal justice professionals. Examines Various Approaches The book begins with a brief overview of the five legal models. The continental (civil) system, characterized by an inquisitorial nature and practiced in most European countries, is discussed, followed by the common law model, which is known for its adversarial quality and is used in most English-speaking countries. The religion-based Islamic system and the rehabilitation-oriented Marxist system are also profiled. Those systems that are still emerging or are hybrid in nature are characterized as mixed. In some cases, the secretive nature of certain countries’ methods, especially those using extreme punishments, necessitated reliance on reports published by the U.S. State Department. By examining how other societies deal with problems of justice, criminal justice professionals will gain insight as to which police and corrections methods are likely to be the most successful in their jurisdictions, and which will create more problems than they solve.


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 : 66
Total Download : 532
File Size : 51,9 Mb
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Description : This innovative and important book applies classical Sunni Muslim legal and religious doctrine to contemporary issues surrounding armed conflict. In doing so it shows that the shari'a and Islamic law are not only compatible with contemporary international human rights law and international humanitarian law norms, but are appropriate for use in Muslim societies. By grounding contemporary post-conflict processes and procedures in classical Muslim legal and religious doctrine, it becomes more accessible to Muslim societies who are looking for appropriate legal mechanisms to deal with the aftermath of armed conflict. This book uniquely presents a critique of the violent practices of contemporary Muslims and Muslim clerics who support these practices. It rebuts Islamophobes in the West that discredit Islam on the basis of the abhorrent practices of some Muslims, and hopes to reduce tensions between Western and Islamic civilizations by enhancing common understanding of the issues.


Fundamentals Of Criminal Justice A Sociological View

Author by : Steven E. Barkan
Languange : en
Publisher by : Jones & Bartlett Publishers
Format Available : PDF, ePub, Mobi
Total Read : 52
Total Download : 134
File Size : 53,9 Mb
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Description : The criminal justice system is a key social institution pertinent to the lives of citizens everywhere. Fundamentals of Criminal Justice: A Sociological View, Second Edition provides a unique social context to explore and explain the nature, impact, and significance of the criminal justice system in everyday life. This introductory text examines important sociological issues including class, race, and gender inequality, social control, and organizational structure and function.


Principles Of Islamic International Criminal Law

Author by : Farhad Malekian
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 10
Total Download : 566
File Size : 47,5 Mb
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Description : The goal of this book is to minimize the misunderstandings and conflicts between International law and Islamic law. The objective is to bring peace into justice and justice into peace for the prevention of violations of human rights law, humanitarian law, international criminal law, and impunity.


Children S Rights And The Minimum Age Of Criminal Responsibility

Author by : Don Cipriani
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 96
Total Download : 507
File Size : 51,9 Mb
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Description : Children of almost any age can break the law, but at what age should children first face the possibility of criminal responsibility for their alleged crimes? This work is the first global analysis of national minimum ages of criminal responsibility (MACRs), the international legal obligations that surround them, and the principal considerations for establishing and implementing respective age limits. Taking an international children's rights approach, with a rich theoretical framework and the vitality of the UN Convention on the Rights of the Child, this work maintains a critical perspective, such as in challenging the assumptions of many children's rights scholars and advocates. Compiling the age limits and statutory sources for all countries, this book explains the broad historical origins behind most of them, identifying the recurring practical challenges that affect every country and providing the first comprehensive evidence that a general principle of international law requires all nations, regardless of their treaty ratifications, to establish respective minimum age limits.


Handbook Of Transnational Crime And Justice

Author by : Philip Reichel
Languange : en
Publisher by : SAGE Publications
Format Available : PDF, ePub, Mobi
Total Read : 43
Total Download : 174
File Size : 51,7 Mb
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Description : Transnational crime and justice will characterize the 21st century in same way that traditional street crimes dominated the 20th century. In the Handbook of Transnational Crime and Justice, Philip Reichel and Jay Albanese bring together top scholars from around the world to offer perspectives on the laws, crimes, and criminal justice responses to transnational crime. This concise, reader-friendly handbook is organized logically around four major themes: the problem of transnational crime; analysis of specific transnational crimes; approaches to its control; and regional geographical analyses. Each comprehensive chapter is designed to be explored as a stand-alone topic, making this handbook an important textbook and reference tool for students and practitioners alike.


Criminal Law And The Rights Of The Child In Muslim States

Author by : Nisrine Abiad
Languange : en
Publisher by : BIICL
Format Available : PDF, ePub, Mobi
Total Read : 65
Total Download : 224
File Size : 52,9 Mb
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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.


The Application Of Islamic Criminal Law In Pakistan

Author by : Tahir Wasti
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 14
Total Download : 183
File Size : 45,7 Mb
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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.


Social Sciences Index

Author by :
Languange : en
Publisher by :
Format Available : PDF, ePub, Mobi
Total Read : 34
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Description :