Download or read book Zina in the Criminal Legislation Act 1999 2000 written by Paul Orerhime Akpomie and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abstract: The research engages in an exploration of human rights in Islam. Human rights issues are then contrasted with international law positions. The data gotten is then used for investigating women's human rights issues in ShariÊla penal tradition regardingzinaÌ (adultery) in Nigeria. The re-emergence of Sharia penal codes adopted by 12 Northern states in Nigeria in 1999 as an operative Islamic law has sparked concerns about rulings amounting to stoning to death in several cases of zinaÌ. These events raised concerns about ShariÊla penal traditions' legality and relationship with other legal traditions operational in Nigeria, a secular political space. (Chapter I) Another element presented is the discrepancy between the theoretical viewpoint on women's human rights. How is this perspective applied to Muslim women's jurisdictions? The research uses the example of ShariÊla court cases with regard tozinaÌ in Nigeria to illustrate the branching between theory and practice of ShariÊla penal laws. Our essay shall consider ShariÊla court proceedings and rulings of Safiyatu Hussaini and Amina Lawal cases ofzinaÌ4 for our research.[1] We shall focus on some of the infringed women's rights violations articulated in the primary court sources and other secondary sources. (Chapter II) Chapter III is dedicated to evaluating the development of the court cases and ruling from thezinaÌ, as mentioned earlier in chapter II. The analysis provides an insight into areas of human rights violations, especially against women. It demonstrates that where women and men had been prosecuted forzinaÌ, mostly women, have been charged and convicted of the crime. Therefore, illustrating the gender biases exhibited in the court convictions and procedural neglects against the women charged. However, the paper's research will also proffer that women's rights in ShariÊla are not completely at odds with principles of international human rights standards of the United Nations. The argument's postulation stems from asserting that the Islamic penal tradition is not inflexible. Based on its primary sources the ShariÊla lends itself to various explications in jurisprudence (fiqh) to help circumvent issues bordering on abuse of women's rights in Islam. The jurisprudence of the Maliki ShariÊla Courts of Appeal inzinaÌ cases will help illustrate this fact. (Chapter III) The research concludes by addressing the possibility of discerning the reconciliation between international rights standards and Islamic women's rights concerns. This thesis acknowledges that there are aspects of women's violations present inzinaÌ-related cases and establishes that there is room for reforms. However, in a pioneering manner, the essay considers a more exhaustive review of the zinaÌ cases above to argue against the notion that it is impossible to attain any form of human rights or justice in ShariÊla courts for women. In order words, it challenges the proposition that ShariÊla penal laws are incompatible with international human rights. This research attempts to refute the position that ShariÊla penal codes are not dynamic. The ShariÊla Appeal Courts in Nigeria are saddled with the responsibility of safeguarding ShariÊla against a reductionist approach to a holistic form that is multi-valued and teleological rather than causal. Such a consideration bridges ShariÊla with regards to women's rights issues inzinaÌ cases with the spirit of international set norms for all human rights. (Chapter IV) This thesis proposes that the ShariÊla Courts of Appeal ruling could be set as a benchmark forum for further evaluative projects of the ShariÊla criminal and penal codes procedures. Adhering to such reforms will be following the legacy of the ShariÊla committee of 1958-1962 set at bridging ShariÊla law in the penal code of 1960 with human rights concerns. The 1999 ShariÊla committee failed to meet this salient mark as discussed in chapter I. The paper ends on a note of suggestions for some considerations for ShariÊla criminal and penal reforms at ordering and safeguarding women's rights in Nigeria.[2] [1] In 2002, Safiya Hussaini was sentenced to death byrajm under the new ShariÊla criminal codes in Sokoto. Amina Lawal was sentenced to be stoned to death forzinaÌ in 2002. These two cases gained international recognition. [2] Before 1960 (Nigeria's independence), ShariÊla law was fully applied in the Sokoto caliphate, northern Nigeria. It was affected by colonial rule.ShariÊla penal codes were revoked at the dawn of Nigeria's independence in 1960. From then on, Islamic sharia law was limited to the law of family relations and personal rank. The settlement in 1960 brought these changes: The Northern courts in which herqadis (judges) administered Islamic law witnessed changes in the court systems and their judges become more Western-trained and less traditionally Muslim. In response to this trend, the program of "implementation of ShariÊla" started in 1999 in 12 Northern states. It was an attempt at restoring thestatus quo ante of ShariÊla before 1960.
Download or read book Islamic Criminal Law in Northern Nigeria written by Gunnar J. Weimann and published by Amsterdam University Press. This book was released on 2010 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotation. In 2000 and 2001, twelve northern states of the Federal Republic of Nigeria introduced Islamic criminal law as one of a number of measures aiming at "reintroducing the shari'a." Immediately after its adoption, defendants were sentenced to death by stoning or to amputation of the hand. Apart from a few well publicised trials, however, the number and nature of cases tried under Islamic criminal law are little known. Based on a sample of trials, the present thesis discusses the introduction of Islamic criminal law and the evolution of judicial practice within the regions historical, cultural, political and religious context. The introduction of Islamic criminal law was initiated by politicians and supported by Muslim reform groups, but its potential effects were soon mitigated on higher judicial levels and aspects of the law were contained by local administrators. This title can be previewed in Google Books - http://books.google.com/books?vid=ISBN9789056296551.
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 Crimes and Punishments Under Islamic Law written by Yahaya Yunusa Bambale and published by . This book was released on 2003 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 Law in Africa written by J N D Anderson and published by Routledge. This book was released on 2013-10-15 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many parts of Africa three different systems of laws are concurrently applied – the imported "Colonial" law, the indigenous customary law and Islamic law. In some countries the customary and the Islamic law are kept separate and distinct, while in others they are fused into a single system. This volume represents a unique survey of the extent to which Islamic law is in fact applied in those parts of East and West Africa which were at one time under British administration. It examines the relevant legislation and case law, much of which has never appeared in any Law Reports; the judges and courts which apply it and the problems to which its application give rise.
Download or read book Women in the Ancient Near East written by Marten Stol and published by Walter de Gruyter GmbH & Co KG. This book was released on 2016-08-08 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: Women in the Ancient Near East offers a lucid account of the daily life of women in Mesopotamia from the third millennium BCE until the beginning of the Hellenistic period. The book systematically presents the lives of women emerging from the available cuneiform material and discusses modern scholarly opinion. Stol’s book is the first full-scale treatment of the history of women in the Ancient Near East.
Download or read book Sharia Law and the Death Penalty written by Michael Mumīsa and published by . This book was released on 2015 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Adultery written by Deborah L. Rhode and published by Harvard University Press. This book was released on 2016-03-14 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when legal and social prohibitions on sexual relationships are declining, Americans are still nearly unanimous in their condemnation of adultery. Over 90 percent disapprove of cheating on a spouse. In her comprehensive account of the legal and social consequences of infidelity, Deborah Rhode explores why. She exposes the harms that criminalizing adultery inflicts, and she makes a compelling case for repealing adultery laws and prohibitions on polygamy. In the twenty-two states where adultery is technically illegal although widely practiced, it can lead to civil lawsuits, job termination, and loss of child custody. It is routinely used to threaten and tarnish public officials and undermine military careers. And running through the history of anti-adultery legislation is a double standard that has repeatedly punished women more severely than men. An “unwritten law” allowing a man to avoid conviction for killing his wife’s lover remained common well into the twentieth century. Murder under these circumstances was considered an act of understandable passion. Adultery has been called the most creative of sins, and novelists and popular media have lavished attention on sexual infidelity. As a focus of serious study, however, adultery has received short shrift. Rhode combines a comprehensive account of the legal and social consequences of adultery with a forceful argument for halting the state’s policing of fidelity.
Download or read book Sharia Implementation in Northern Nigeria 1999 2006 Two famous cases written by Philip Ostien and published by . This book was released on 2007 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law Relating to Cruelty to Husband Divorce and Maintenance to Wife written by Pramod Kumar Das and published by Universal Law Publishing. This book was released on 2010 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Sexual Violation in Islamic Law written by Hina Azam and published by Cambridge University Press. This book was released on 2015-06-26 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a detailed analysis of Islamic juristic writings on the topic of rape and argues that classical Islamic jurisprudence contained nuanced, substantially divergent doctrines of sexual violation as a punishable crime. The work centers on legal discourses of the first six centuries of Islam, the period during which these discourses reached their classical forms, and chronicles the juristic conflict over whether or not to provide monetary compensation to victims. Along with tracing the emergence and development of this conflict over time, Hina Azam explains evidentiary ramifications of each of the two competing positions, which are examined through debates between the Ḥanafī and Mālikī schools of law. This study examines several critical themes in Islamic law, such as the relationship between sexuality and property, the tension between divine rights and personal rights in sex crimes, and justifications of victim's rights afforded by the two competing doctrines.
Download or read book The Oxford Companion to American Law written by Kermit L. Hall and published by Oxford University Press. This book was released on 2002-05-02 with total page 939 pages. Available in PDF, EPUB and Kindle. Book excerpt: A landmark in legal publishing, The Oxford Companion to the Supreme Court is a now classic text many of whose entries are regularly cited by scholars as the definitive statement on any particular subject. In the tradition of that work, editor in chief Kermit L. Hall offers up The Oxford Companion to American Law, a one-volume, A-Z encyclopedia that covers topics ranging from aging and the law, wiretapping and electronic eavesdropping, the Salem Witch Trials and Plessy vs. Ferguson. The Companion takes as its starting point the insight that law is embedded in society, and that to understand American law one must necessarily ask questions about the relationship between it and the social order, now and in the past. The volume assumes that American law, in all its richness and complexity, cannot be understood in isolation, as simply the business of the Supreme Court, or as a list of common law doctrines. Hence, the volume takes seriously issues involving laws role in structuring decisions about governance, the significance of state and local law and legal institutions, and the place of American law in a comparative international perspective. Nearly 500 entries are included, written by over 300 expert contributors. Intended for the working lawyer or judge, the high school student working on a term paper, or the general adult reader interested in the topic, the Companion is the authoritative reference work on the subject of American law.
Download or read book Sexual Health Human Rights and the Law written by World Health Organization and published by . This book was released on 2015-06-17 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report demonstrates the relationship between sexual health, human rights and the law. Drawing from a review of public health evidence and extensive research into human rights law at international, regional and national levels, the report shows how states in different parts of the world can and do support sexual health through legal and other mechanisms that are consistent with human rights standards and their own human rights obligations.
Download or read book A Bibliography of Islamic Criminal Law written by Olaf Köndgen and published by BRILL. This book was released on 2021-12-06 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on a multitude of sources online and offline, in A Bibliography of Islamic Criminal Law Olaf Köndgen offers the most extensive bibliography on Islamic criminal law ever compiled.
Download or read book Japanese Law written by J. Mark Ramseyer and published by University of Chicago Press. This book was released on 2000-11-15 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this introduction to Japanese law, J. Mark Ramseyer and Minoru Nakazato combine an economic approach with a clear and often amusing account of the law itself to challenge commonly held ideas about the law. Arguing against such things as the assumption that Japanese law differs from law in the United States and the idea that law plays only a trivial role in Japan or is culturally determined, this book will be recognized as a major contribution to the understanding of Japanese law. "A compelling economic analysis. . . . This book remains one of the few concerning Japanese law that successfully brings to life the legal culture of Japan." —Bonnie L. Dixon, New York Law Journal
Download or read book Principles of Criminal Law 3 e written by Duncan Bloy and published by Routledge. This book was released on 2013-03-04 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 1997. Routledge is an imprint of Taylor & Francis, an informa company.
