Download or read book Death Penalty Under Hudud and Qisas from Modern Penology s Perspective written by Marli Candra and published by . This book was released on 2015 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Death punishment is a debatable issue that attracts the attention of scholars either in favour of or against it. This issue is intensively discussed in countries which still retain the death punishment for the offence committed in their territory, like the United State of America (USA), China and most of Muslim countries. In the case of the USA and China, the death punishment comes into the issue of crime prevention and reduction, whereas in Muslim countries, death punishment relates to the issue associated to religion as the death punishment is mostly related to ḥudūd and qiṣāṣ offenses which are unchangeable and should be applied in the Muslim life. This research tries to elucidate the penological aspect of death punishment in Islamic criminal law and compares it to the modern penological policy of modern criminal law. It is mostly based on qualitative approach which was designed to gather an in-depth understanding of the concept of punishment and its justification in the modern penology as well as in Islamic perspective. This approach is also based on analytical as well as comparative analysis in order to find the answers to the questions in this research. It is found that the justification for death punishment which is mainly contained in the ḥudūd and qiṣāṣ offenses is not detrimental to what is understood by modern penology. Islamic law provides death punishment for serious offenses, but it also prescribes ways on how to abolish such punishments. It is in concurrence with the modern abolishment approach with regard to death punishment. In another dimension, it is concluded that Islamic law is in accordance with the concept of human rights, particularly in the matter of punishment. Therefore, it is applicable to our modern era.
Download or read book The Oxford Handbook of Criminal Law written by Markus D Dubber and published by OUP Oxford. This book was released on 2014-11-27 with total page 1294 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 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.
Download or read book Crime and Punishment in Islamic Law written by Rudolph Peters and published by Cambridge University Press. This book was released on 2005 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, first published in 2006, is an account of the theory and practice of Islamic criminal law.
Download or read book Islamic Criminal Law and Procedure written by Matthew Lippman and published by Praeger. This book was released on 1988-08-08 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2. The origins of islamic law
Download or read book Punishment in Islamic Law written by Muḥammad Salīm ʻAwwā and published by Amer Trust Publications. This book was released on 1982 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book China s Death Penalty written by Hong Lu and published by Routledge. This book was released on 2010-06-10 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the death penalty within the changing socio-political context of China. The authors' treatment of China's death penalty is legal, historical, and comparative, focusing on its theory and the actual practice.
Download or read book Policing Muslim Communities written by Farrukh B. Hakeem and published by Springer Science & Business Media. This book was released on 2012-05-02 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Prisons in the Late Ottoman Empire written by Kent F. Schull and published by Edinburgh University Press. This book was released on 2014-04-11 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contrary to the stereotypical images of torture, narcotics and brutal sexual abuse traditionally associated with Ottoman or 'Turkish' prisons, Kent Schull argues that, during the Second Constitutional Period (1908-1918), they played a crucial role in attempts to transform the empire.
Download or read book Faith Based Violence and Deobandi Militancy in Pakistan written by Jawad Syed and published by Springer. This book was released on 2016-11-09 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book documents and highlights the Deobandi dimension of extremism and its implications for faith-based violence and terrorism. This dimension of radical Islam remains largely ignored or misunderstood in mainstream media and academic scholarship. The book addresses this gap. It also covers the Deobandi diaspora in the West and other countries and the role of its radical elements in transnational incidents of violence and terrorism. The specific identification of the radical Deobandi and Salafi identity of militants is useful to isolate them from the majority of peaceful Sunni and Shia Muslims. Such identification provides direction to governmental resources so they focus on those outfits, mosques, madrassas, charities, media and social medial channels that are associated with these ideologies. This book comes along at a time when there is a dire need for alternative and contextual discourses on terrorism.
Download or read book Law and the Islamic World Past and Present written by Christopher Toll and published by Kgl. Danske Videnskabernes Selskab. This book was released on 1995 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Islamic Criminal Justice System written by M. Cherif Bassiouni and published by . This book was released on 1982 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: al-Awwa.
Download or read book Islamic Law in Malaysia written by Adnan Trakic and published by Springer Nature. This book was released on 2021-03-16 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Child Justice Administration in Africa written by Mariam Adepeju Abdulraheem-Mustapha and published by Springer. This book was released on 2019-05-29 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This interdisciplinary book analyzes the nature of child justice administration in Africa, particularly focusing on Nigeria and South Africa. The author uses a comparative approach in analyzing the legal regime and practice of child justice administration in Africa by recommending South Africa as inspiration for Nigeria since the justice sector in South Africa is significantly more developed. It further investigates various problems and challenges associated with children in the criminal justice system in Africa, thereby contributing to the cross-fertilization and collaboration among African nations that contributes to the development of the continent as a whole. The monograph shows that children are not only neglected by academics and practitioners but also that there is no access to scholarly materials in this area of law in Africa. This work contributes to knowledge in the area of law and methodology on the issue of child justice administration, development studies, political science, and African studies.
Download or read book The Application of Islamic Criminal Law in Pakistan written by Tahir Wasti and published by BRILL. This book was released on 2009 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Combating Trafficking in Persons written by and published by United Nations Publications. This book was released on 2009 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Giver et overblik over de internationale traktater om menneskehandel og beskriver best practice om bekæmpelse heraf
Download or read book Legal Maxims in Islamic Criminal Law Theory and Applications written by Luqman Zakariyah and published by BRILL. This book was released on 2015-10-14 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Included in this examination are the following maxims: al-Umūr bi-Maqāṣidihā ("Matters shall be Judged by their Objectives"); al-Yaqīn lā Yazūl bi-sh-Shakk ("Certainty Cannot be Overruled by Doubt"); al-Mashaqqa Tajlib at-Taysīr ("Hardship begets Facility"); Lā Ḍarar wa-lā Ḍirār ("No Injury or Harm shall be Inflicted or Reciprocated"); and al-ʿĀda Muḥakkama ("Custom is Authoritative").
Download or read book Modern Perspectives on Islamic Law written by E. Ann Black and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This book presents an invaluable contribution to the debate on the compatibility of Islam and modernity. It is full of arguments and examples showing how Islam can be understood in line with modern life, human rights, democracy, the rule of law, civil society and pluralism. The three authors come from different countries, represent different gender perspectives and have a Shia, a Sunni and a non-Muslim background respectively which makes the book a unique source of information and inspiration.' Irmgard Marboe, University of Vienna, Austria This well-informed book explains, reflects on and analyses Islamic law, not only in the classical legal tradition of Sharia, but also its modern, contemporary context. The book explores the role of Islamic law in secular Western nations and reflects on the legal system of Islam in its classical context as applied in its traditional homeland of the Middle East and also in South East Asia. Written by three leading scholars from three different backgrounds: a Muslim in the Sunni tradition, a Muslim in the Shia tradition, and a non-Muslim woman the book is not only unique, but also enriched by differing insights into Islamic law. Sir William Blair provides the foreword to a book which acknowledges that Islam continues to play a vital role not just in the Middle East but across the wider world, the discussion on which the authors embark is a crucial one. The book starts with an analysis of the nature of Islamic law, its concepts, meaning and sources, as well as its development in different stages of Islamic history. This is followed by accounts of how Islamic law is being practised today. Key modern institutions are discussed, such as the parliament, judiciary, dar al-ifta, political parties, and other important organizations. It continues by analysing some key concepts in our modern times: nation-state, citizenship, ummah, dhimmah (recognition of the status of certain non-Muslims in Islamic states), and the rule of law. The book investigates how in recent times, more and more fatwas are issued collectively rather than emanating from an individual scholar. The authors then evaluate how Islamic law deals with family matters, economics, crime, property and alternative dispute resolution. Lastly, the book revisits certain contemporary issues of debate in Islamic law such as the burqa, halal food, riba (interest) and apostasy. Modern Perspectives on Islamic Law will become a standard scholarly text on Islamic law. Its wide-ranging coverage will appeal to researchers and students of Islamic law, or Islamic studies in general. Legal practitioners will also be interested in the comparative aspects of Islamic law presented in this book.
