Islamic jurisprudence and the role of the accused: a re-examination

Legal Studies ◽  
2003 ◽  
Vol 23 (4) ◽  
pp. 587-604
Author(s):  
S A Farrar
Keyword(s):  
Criminal Justice ◽  
Western Tradition ◽  
Methods Of Analysis ◽  
Islamic Jurisprudence ◽  
Critical Scrutiny ◽  
The Individual ◽  
Constitutional Protections

This paper re-examines the Orientalist view that Islamic criminal justice operates without any constitutional protections for the individual. It takes the works of Noel Coulson as representative of the canon and subjects them to critical scrutiny. Rather than mimic Orientalist methods of analysis, the author integrates the views of a contemporary, but traditional Islamic scholar, and demonstrates that an accused receives similar, if not more, protection than in a secular, Western tradition.

scholarly journals Social Technologies and Principles of Criminal Justice in the Context of its Digitalization

Lex Russica ◽  
2020 ◽  
pp. 84-92
Author(s):  
V. I. Przhilenskiy
Keyword(s):  
Criminal Justice ◽  
Social Relations ◽  
Social Engineering ◽  
Criminal Proceedings ◽  
Social Technologies ◽  
The Individual ◽  
Methodological Guidelines ◽  
The Relationship ◽  
Gradual Transformation

The paper analyzes the problems that arise in the process of digitalization of criminal proceedings, when its organizers are forced to organize the interaction of social and computer technologies, the joint development and application of which become inevitable in modern conditions. The basic concepts of social technologies theory that were originally developed as a means of organizing human activities, with criminal justice system being only one of them, are interpreted in a new way. The main contexts of application of "social technology" concept, as well as the significance of social technologies in the formulation of principles and achieving the goals of criminal proceedings are studied. The author defines a special type of social technologies, humanitarian technologies in the paper, and analyzes the relevance of this type of technology in the system of principles of criminal procedure. The author substantiates the need to distinguish between the theoretical and technological aspects of compliance with the principles of criminal justice, which allows us to reconstruct the entire system of goal-setting impact on people’s actions and social relations through the development and application of social technologies. The concept of gradual transformation of society through the use of social engineering, put forward by K. Popper, is analyzed in detail. The role of the theoretical distinction between methodological essentialism and methodological nominalism (antirealism) is reconstructed. The ideological and political contextualization of the theory of social technologies, which dominates in modern social science, is subjected to critical analysis. The author examines the ontological assumptions and methodological guidelines proposed by K. Popper for the approval of his socio-technological doctrine. The author identifies and describes the specifics of the use of social technologies in the context of the use of artificial intelligence systems in criminal proceedings. The point about the need to search for the relationship and mutual consistency of the systems of the individual and society in the process of digitalization of criminal proceedings both at the level of principles and at the level of technology is substantiated.

WHY ONLY THE STATE MAY INFLICT CRIMINAL SANCTIONS: THE CASE AGAINST PRIVATELY INFLICTED SANCTIONS

Legal Theory ◽  
2008 ◽  
Vol 14 (2) ◽  
pp. 113-133 ◽  
Author(s):  
Alon Harel
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
The State ◽  
Private Prisons ◽  
Criminal Sanctions ◽  
Role Of The State ◽  
The Individual ◽  
Private Individual

Criminal sanctions are typically inflicted by the state. The central role of the state in determining the severity of these sanctions and inflicting them requires justification. One justification for state-inflicted sanctions is simply that the state is more likely than other agents to determine accurately what a wrongdoer justly deserves and to inflict a just sanction on those who deserve it. Hence, in principle, the state could be replaced by other agents, for example, private individuals. This hypothesis has given rise to recent calls to reform the state's criminal justice system by introducing privately inflicted sanctions, for example, shaming penalties, private prisons, or private probationary services. This paper challenges this view and argues that the agency of the state is indispensable to criminal sanctions. Privately inflicted sanctions sever the link between the state's judgments concerning the wrongfulness of the action and the appropriateness of the sanction and the infliction of sufferings on the criminal. When a private individual inflicts punishment, she acts on what she and not the state judges to be a justified response to a criminal act. Privately inflicted sanctions for violations of criminal laws are not grounded in the judgments of the appropriate agent, namely the state. It is impermissible on the part of the state to approve, encourage, or initiate the infliction of a sanction (for violating a state-issued prohibition) on an alleged wrongdoer on the basis of a private judgment. Such an approval grants undue weight to the private judgment of the individual who inflicts the sanction.

scholarly journals Male Superiority in Quran: A Critical Appraisal

2018 ◽  
Vol 3 (2) ◽  
pp. 98-104
Author(s):  
Muhammad Aqeel Khan ◽  
Muhammad Zubair ◽  
Abida Hassan
Keyword(s):  
Critical Appraisal ◽  
Islamic Jurisprudence ◽  
The Individual ◽  
Male Superiority

The role of a woman as an individual in many Muslim societies has been undermined. When the Quran uses the word 'Nafs' or person, it describes the relation of the individual with Allah without taking into account any difference of male or female. Quran is the last revelation on Earth has to be interpreted in its best meaning. The superiority of male in the Quran must be read with conditions attached to it. Only those men who are breadwinners are preferred. Secondly, faddala does not mean preference of all men overall women, but the word ba'd have been specifically used in the said verse. Moreover 'Daraba' interpreted as beating or scourging of a wife by husband in order to make her obedient is not supported by any tradition of the Prophet (SAW). Ijtehad or independent reasoning must be encouraged for the revival of Islamic jurisprudence.

scholarly journals Access to Criminal Justice

2016 ◽  
Vol 3 (3) ◽  
pp. 515-536
Author(s):  
Bruce A. Green
Keyword(s):  
Criminal Justice ◽  
Essential Role ◽  
Access To Justice ◽  
Civil Justice ◽  
Civil Cases ◽  
The Individual

When the organized bar talks about "access to justice," it tends to look exclusively at civil justice and to emphasize the need for lawyers in civil cases. This overlooks criminal justice and the essential role of lawyers in working to secure it. When the organized bar promotes criminal justice, it is typically circumspect about prosecutors’ responsibility. This essay argues that the bar should take a stronger role in elaborating prosecutorial norms, particularly in the context of miscarriages of justice both on the individual and systemic levels. When people are denied access to criminal justice, the bar should ask, "Where were the prosecutors?"

scholarly journals THE PLACE OF EXPEDIENT(MASLAHAT) IN THE LEADERSHIP OF THE ISLAMIC COMMUNITY

2018 ◽  
Vol 6 (8) ◽  
pp. 218-225
Author(s):  
Afsaneh Torkashvand ◽  
Mahmood Ghayyoum Zadeh Kharanaghi ◽  
Abbas Ali Heidari
Keyword(s):  
Essential Role ◽  
Community Leadership ◽  
Community Management ◽  
Islamic Jurisprudence ◽  
Analytical Attitude ◽  
The Individual ◽  
New Research ◽  
The Relationship ◽  
The Welfare State

Expediency is one of the titles which have important statuses in the Islamic jurisprudence and its association with religious decrees is clarified while determining its concept and it specifies the authorities of the prudent leader. Expedient (Maslahat) in the view of Islam is defined as to do anything for the sake of material and spiritual benefit of the individual and society. Islamic religions do believe that Expedient (Maslahat) plays an essential role in the interpretation of the law, but there is some disagreement over its scope. Most jurisprudents consider expediency to be effective in divine rules when it is based on the expedients, and its purpose is to achieve expedients that can changed as according to the requirements of time and place. Examining and implementing this in the affairs of society is one of the duties that the Islamic ruler should observe. Therefore, it is necessary that the ruler considers the expedient in community management and use it as a key to solving problems and removing the obstacles. The present research project tries to examine the role of expedient in implementing the provincial leadership and seeks to answer the following questions:  What is the relationship between the community leadership and the welfare state? How can the Islamic ruler utilize this rule? Another purpose is to explain this relationship as a solution and a key to solve the problems of the society including the conflict of the rules, which mainly deals with the jurisprudential texts in a qualitative way with an analytical attitude. Various research on leadership and expediency has been done separately, but it seems that the link between these two has not been mentioned yet. So, it seems necessary to carry out a new research on this issue to answer the questions raised in relation to these two categories.

School Success and School Engagement of Immigrant Children and Adolescents

2013 ◽  
Vol 18 (2) ◽  
pp. 126-135 ◽  
Author(s):  
Frosso Motti-Stefanidi ◽  
Ann S. Masten
Keyword(s):  
Academic Achievement ◽  
Academic Success ◽  
Children And Adolescents ◽  
School Engagement ◽  
School Success ◽  
Immigrant Children ◽  
Integrative Model ◽  
High Stakes ◽  
The Individual

Academic achievement in immigrant children and adolescents is an indicator of current and future adaptive success. Since the future of immigrant youths is inextricably linked to that of the receiving society, the success of their trajectory through school becomes a high stakes issue both for the individual and society. The present article focuses on school success in immigrant children and adolescents, and the role of school engagement in accounting for individual and group differences in academic achievement from the perspective of a multilevel integrative model of immigrant youths’ adaptation ( Motti-Stefanidi, Berry, Chryssochoou, Sam, & Phinney, 2012 ). Drawing on this conceptual framework, school success is examined in developmental and acculturative context, taking into account multiple levels of analysis. Findings suggest that for both immigrant and nonimmigrant youths the relationship between school engagement and school success is bidirectional, each influencing over time the other. Evidence regarding potential moderating and mediating roles of school engagement for the academic success of immigrant youths also is evaluated.

Role of Transcriptional Read-Through in PRE Activity in Drosophila melanogaster

Acta Naturae ◽  
2016 ◽  
Vol 8 (2) ◽  
pp. 79-86 ◽  
Author(s):  
P. V. Elizar’ev ◽  
D. V. Lomaev ◽  
D. A. Chetverina ◽  
P. G. Georgiev ◽  
M. M. Erokhin
Keyword(s):  
Dna Sequences ◽  
Cell Types ◽  
Transcription Terminator ◽  
Response Elements ◽  
Polycomb Response Elements ◽  
The Individual ◽  
Multicellular Organisms ◽  
Different Cell Types ◽  
Main Factor

Maintenance of the individual patterns of gene expression in different cell types is required for the differentiation and development of multicellular organisms. Expression of many genes is controlled by Polycomb (PcG) and Trithorax (TrxG) group proteins that act through association with chromatin. PcG/TrxG are assembled on the DNA sequences termed PREs (Polycomb Response Elements), the activity of which can be modulated and switched from repression to activation. In this study, we analyzed the influence of transcriptional read-through on PRE activity switch mediated by the yeast activator GAL4. We show that a transcription terminator inserted between the promoter and PRE doesnt prevent switching of PRE activity from repression to activation. We demonstrate that, independently of PRE orientation, high levels of transcription fail to dislodge PcG/TrxG proteins from PRE in the absence of a terminator. Thus, transcription is not the main factor required for PRE activity switch.

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