Conceptualization of the Penology System under Islamic Criminal Law (original) (raw)
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This article entitled, “Criminal Justice in Islam”, unravels the common misconceptions about Criminology and Penology in Islamic Jurisprudence. The writer pointed out that the fundamental aim of Islamic approach to combating crime is to secure the welfare of humanity in this world and the next by establishing a righteous society. This article also deals with the significance and importance of Islamic punishments in curbing the heinous crimes and are great importance to the happiness, peace and security of every member of society.
A Comparative Review of Criminal Justice Models: Islamic vs Secular Perspective
University of Maiduguri Journal of Islamic and Comparative Laws , 2018
Abstract In critical legal scholarship, criminal justice is often regarded as mainly a formidable instrument of control. This has led to the argument that the whole notion of criminal justice’s capacity to control crime and adjudicate with fairness are only rhetoric. In the general sense however, criminal justice, whether Islamic or secular, is considered as set of rules and processes modelled to contain and remedy against violation or infractions. Because it is a phenomenon that responds mainly to social incidents and dynamics, it has become susceptible to constant modification and reviews. This is particularly common with man-made laws as priorities shift and in many cases, a response to the disappointment, which scholars associate with the seeming exaggerated demand for efficiency in a system that is incapable of providing one. For Islamic model, the idea of constant changes and reforms is far-fetched as rules and procedures are defined based on standard religious texts and juristic opinions. This paper intends to discuss the development and characteristics of both Islamic and secular models of criminal justice, drawing inference from the orientation that shaped these models and compare the ideas and practices that define them. The paper take particular interest in the key aspects of crime control and due process models. Keywords: Crime, Justice, Model, Islam, Jurisprudence.
Rules and principles of due process in criminal law-how to, and how not to, investigate crime and criminal suspects, prosecute the accused, adjudicate criminal cases, and punish the convicted-appear in the traditional sources of Islamic law: the Quran, the Sunna, and classical jurisprudence. But few of these rules and principles are followed in the modern-day practice of Islamic criminal law. Rather, states that claim to practice Islamic criminal law today mostly follow laws and practices of criminal procedure that were adopted from European nations in the twentieth century, without reference to the constraints and protections of Islamic law itself. To enforce Islam's criminal prohibitions and punishments without recognizing and heeding its own procedural rules and principles is to prosecute and punish unjustly. What constitutes criminal due process from an Islamic perspective must therefore be identified, articulated, and enforced. The result would be greater compliance with both Islamic norms and international standards of human rights.
Islamic Criminal Law and Procedure: Religious Fundamentalism v. Modern Law
Issues in Islamic Law, 2017
In English, Islam means "submission" or "surrender." In relation to the Islamic religion, it means that individuals should submit or surrender to God's will. Islamic law, Shari'a, provides the "path to follow" for salvation,! Today, the Moslem world is witnessing a resurgence of Islamic fundamentalism,2 A central and controversial tenet of this movement is the incorporation of Koranic criminal law and procedure into domestic legal systems,3 Professor Joseph Schacht writes that law "remains an important, if not the most important, element in the struggle which is being fought in Islam between traditionalism and modernism under the impact of Western Ideas,"4 This article outlines the evolution and substance of Islamic criminal law and procedure and reviews some of the human rights issues raised by the return to Koranic criminal law, 5 1. THE EVOLUTION OF ISLAMIC CRIMINAL LAW In pre-Islamic Arabia, criminal offenses were punished when the victim's tribe exacted "blood revenge" (lex talionis) against the tribe of the alleged of-* Associate Professor, University of Illinois at Chicago. The author is indebted to Professor Sean McConville and Mordechai Yershalmi for their assistance.
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.
Islamic Law and Crime in Contemporary Courts
2012
What is today referred to as ‘criminal law’ does not exist in the classical Islamic legal tradition. This is because criminal law as currently understood did not exist anywhere prior to the emergence of the modern nation state. The collection of classical era doctrines that are today discussed under the label ‘Islamic criminal law’ were not understood as comprising a unified area of law in the pre-modern era, and not all of those classical era rules fit the modern definition of crime. The construction of modern Islamic criminal law is a result of assimilating a diverse body of classical doctrines to the categories of modern law.
A Comparative Analysis of Punishments Awarded in Islamic Legal System and Western Legal System
Research Paper, 2014
When the authority imposes something disobliging upon a person due to his unacceptable behaviour to that authority is known as punishment. Different theories of criminal behaviour or criminality have suggested justifications for imposition of punishment. The justifications for punishment are deterrence, incapacitation, retribution, or rehabilitation. The object of punishment in all legal systems is the prevention of crime in order to provide a cleaner society. However, there is remarkable difference between Islamic legal system and western legal system in imposition of punishments. The encounter between the two legal systems shows that Islamic law have certain unique features that have increased its effectiveness in achieving its goals as compare to its western counterpart.