Capital Punishment in the Lens of the Shari’ah (original) (raw)
Related papers
A Discourse of Capital Punishment in the Islamic Law and Human Rights Law
Contemporary Issues on Interfaith Law and Society
The death penalty for convicts is an age-old subject to a lot of criticism from various quarters. The implementation of the death penalty is considered inconsistent with the principles of human rights which are principles of international law where countries cannot refuse because of common alignments, namely the right to life. The punishment of m ati raises pros and cons in Indonesian society, some agree with this punishment because the death penalty intends to protect the public interest and not a few oppose it, they argue that the death penalty is contrary to human rights principles. This fact encourages the author to examine the implementation of the death penalty based on human rights and Islamic law, this is because the majority of Indonesians are adherents of the Islamic religion and also because the implementation of the death penalty is still carried out in Indonesia in certain crime cases. To examine this conflict, the author uses a normative juridical method with the conc...
An analytical Study of the Islamic Penal Code
The Law of Islam is principally based upon the benefit of the beings. For this reason, it holds that all beneficial actions are originally and essentially legitimate, while all harmful ones are illegitimate. Justice is the fundamental principle in every commandment of the Sharī'ah. Every rule bears witness to this generalization when it takes into consideration human nature and its general weaknesses and basic needs. As justice is central to every commandment of the Sharī'ah, this paper aims to highlight the punishments prescribed in the Sharī'ah against crimes, and how these punishments are just and can be most effective in eradicating crime and corruption from society.
The Call for Abolition of Death Penalty: Islamic Law versus International Human Rights Law
Journal: Advanced Science Letters. Vol. 23, Number 9. September 2017. ISSN: 1936- 6612 (Print): EISSN: 1936-7317 (Online) Publisher: American Scientific Publishers. California, U.S.A. , 2017
An old and ongoing dialogue between religion and international law which raises the question of whether both are foes or friends seems to have found a place in the global debate on the call for the abolition of death penalty. With respect to the debate, two opposing sides were identified. The first being the promoting secular bloc which is the Western-styled international human rights system, while the other is the opposing religious side which is the Islamic Law system. It is, thus, intriguing to ascertain whether the respective positions of the international human rights system; a secular law and that of the Islamic Law; a religious law on the abolition of death penalty are irreconcilable. This becomes particularly necessary since whenever any reference is made to the rejection of the call, the charge is usually and invariably directed against the religion of Islam. This paper, therefore, examines the various issues of divergence between the two opposing systems in order to have a proper grasp of the differing position as maintained by Islamic Law on the call for the abolition of death penalty and why it takes that side. Thus, the overall ideal position that should be objectively considered from the points of view of the two opposing sides whenever there is a dialogue on the matter is also put forth in the study.
Journal of Islamic Thought and Civilization, 2021
Islam holds the balance of justice in the right manner and insists on examining all the conditions and circumstances associated with the offence because Islam is the most natural way of life on account of its suitability, sustainability and flexibility towards human nature. No other legal system in the world has been created for the public interest, the way the Islamic law has been created. This paper focuses upon the flexibility in the implementation of Islamic criminal law (Hudood) in modern society. Islam has made laws that aim to eliminate the causes of crime and not to antagonize the criminal. Sharia imposes preventive punishments which may appear cruel or rough if gazed at without proper consideration. But if contemplated closely, Islam does not execute such punishments unless it discovers that the crime was not justifiable or that the criminal was not acting under any obligation or certain circumstances. The Holy Prophet (SAW) was very careful in the establishment of Hudood b...
The Enforcement of Human Rights Through Implementing of The Sharia
Many Western law experts state that Islamic sanctions on criminal law are sadistic, cruel, so that universal human rights are violated. In the perspective of Western human rights the paradigm of thinking like that has long been embedded to this day. On the other hand, in a different perspective human rights in Islam explain that the legal sanctions contained in Islamic criminal law pay more attention to aspects of human rights, such as the protection of the rights of victims and victims' families and protect the rights of the community. The existence of death sanction in a murder case, is part of an effort to eliminate the sense of revenge, anger, that is in the victim's family. Legal sanctions in Islamic criminal law aim to provide social protection by ensuring the realization of human rights in society. Keyword: the enforcement, human rights, implementing, sharia Corresponding Author: Nurul Hakim, University of Muhammadiyah Sumatera Utara, Jl Kapten Muktar Basri No 3 Medan...
Judicial System from Shari'ah (Islamic Law) Perspective
2021
This article will analyse the Shari'ah Judicial System. Islam is a divine religion which deals with different issues related to all human needs, material and spiritual. Islam is not a set of rituals. It is both a religion and a perfect way of life. For a non-Muslim, religion may be a private relationship between man and his creator. But for a Muslim religion comprehends the whole of life. No sphere is left in which the thoughts and deeds of a Muslim-both in his personal and public life-are inconsequential to his fate in the hereafter. This is why Islam does not make a distinction between what is religious and what is secular, nor does it recognize division of authority between Allah and Caesar. In Islam, only Allah is the Law-giver, because He is the Creator. Allah therefore owns everything. Caesar, a creature of Allah, has nothing, except what has been entrusted to him by his Creator. Thus, all aspects of life-religious, educational, social, political, economic and legal have their legitimate place in the all-inclusive system of Islam. This is why Allah (SWT) calls upon Prophet Muhammad (SAWA) to say: "Verily, my prayer, my sacrifice, my living and my dying are for Allah, the Lord of the worlds" 2. This means that the whole life of man in all spheres should be an expression of complete submission to Allah, the Creator of the universe. One of the important issues that Islamic law in its sources gives due consideration is the administration of justice. Shari'ah in its system of administering justice deals comprehensively with the `system of judiciary', in a way that cannot be found in any other system prevailing on the glove. In this paper, we are going to closely