scholarly journals WHITE COLLAR CRIMES, CORRUPTION AND BRIBERY IN ISLAMIC CRIMINAL LAW: LACUNA AND CONCEIVABLE PATHS

2018 ◽  
Vol 5 (1) ◽  
pp. 711
Author(s):  
Mohamed A. 'Arafa
Keyword(s):  
Criminal Law ◽  
Justice System ◽  
Islamic Law ◽  
Common Law ◽  
White Collar ◽  
Case Law ◽  
Legal Issue ◽  
History Of ◽  
Muslim Intellectuals ◽  
Legal Attitudes

The Islamic legal system differs from other legal attitudes, as civil law traditions described by law’s codification or common law practices based on binding judicial precedents. In Islamic law, there is neither history of law’s classification, nor an understanding of binding legal precedents.  The process of ijtihad (analogical deduction) in Islamic (Sharie‘a) law, though, is alike to Case law model. In this regard, Muslim scholars have had over the interpretation of the Sharie‘a rules and divine (God)’s law based on the Qur’anic provisions and the authentic Sunnah (Prophet Mohammad) traditions.  The chief sources of Islamic criminal law are the Qur’an, Sunnah, ijma‘a (consensus), Qiyyas (individual reasoning) along with other supplementary sources.  Where the principles of the Qur’an and Sunnah do not sufficiently resolve a legal issue, Muslim intellectuals use Fiqh (jurisprudence) which is the process of deducing and applying Sharie‘a values to reach a legal purpose and its methodologies and implementation are many, as numerous schools of jurisprudential (Sunni and Shie‘aa) thought (Hanafi, Maliki, Shafi‘i, and Hanbali) transpires.  Based on this succinct backdrop, this article will delve in elaborating the main principles of the Islamic criminal justice system regarding corruption and bribery from a descriptive viewpoint and will concludes that there is no real flaw between the Islamic system and the positive justice mechanisms. 

The Rule of Colonial Indifference: Rape on Trial in Early Colonial India, 1805–57

2010 ◽  
Vol 69 (4) ◽  
pp. 1093-1117 ◽  
Author(s):  
Elizabeth Kolsky
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Common Law ◽  
Rape Victims ◽  
Indian Culture ◽  
Legal Decisions ◽  
Colonial India ◽  
Legal Remedy ◽  
Early Colonial ◽  
History Of

This article explores the history of intraracial (Indian-on-Indian) rape in early colonial India. Though at times uneven and unpredictable in their rulings, British judges created a set of evidentiary requirements and a body of legal decisions that were as harsh on rape victims as the precolonial Islamic system was presumed to be. Despite the colonial promise of a more modern and humane criminal law, the gradual displacement of Islamic law did little to widen rape victims' path to legal remedy. English common law presumptions about the frequency of false charges and a suspicion of women's claims combined with a colonial insistence on the peculiarity of Indian culture to make it difficult for victims of rape to prevail in court. The colonial legal treatment of the “unsensational” crime of rape was rather unsensational. It largely reflected contemporary trends in England, which raises the important question of what was distinctively colonial about it. 

English Foundations of American Law, 1500s–1776

2018 ◽  
pp. 48-74
Author(s):  
John B. Nann ◽  
Morris L. Cohen
Keyword(s):  
Eighteenth Century ◽  
Common Law ◽  
Case Law ◽  
Case Finding ◽  
Colonial Period ◽  
Legal Issue ◽  
Good Case ◽  
American Law ◽  
English Law ◽  
The Law

This chapter describes current sources and techniques useful for finding seventeenth- and eighteenth-century laws of England and introduces some methods an attorney in England in the seventeenth and eighteenth centuries might have used. Before researchers can find the law, they must know what was considered to be the source of law in the period being investigated. Reporting, publishing, and finding cases has been important in English law for centuries. Parliamentary enactments during the colonial period also play an important part in the framework surrounding any particular legal issue. Meanwhile, English law is built on a foundation of common law, which is built on case law. As such, finding cases that relate to a particular topic is critical in research. A good case-finding option is a digest of cases; these have been written over the centuries, as have abridgments and treatises on particular areas of law.

scholarly journals PERBANDINGAN SISTEM HUKUM COMMON LAW, CIVIL LAW DAN ISLAMIC LAW DALAM PERSPEKTIF SEJARAH DAN KARAKTERISTIK BERPIKIR

2018 ◽  
Vol 25 (1) ◽  
pp. 98
Author(s):  
Farihan Aulia ◽  
Sholahuddin Al-Fatih
Keyword(s):  
Legal System ◽  
Legal History ◽  
Islamic Law ◽  
Common Law ◽  
Legal Systems ◽  
Legal Tradition ◽  
History Of ◽  
Legal Thinking ◽  
Anglo American ◽  
The Comparative Study

The legal system or commonly referred to as the legal tradition, has a wealth of scientific treasures that can be examined in more depth through a holistic and comprehensive comparative process. Exactly, the comparison of the legal system must accommodate at least three legal systems that are widely used by countries in the world today. The three legal systems are the Continental European legal system, Anglo American and Islamic Law. The comparative study of the three types of legal systems found that the history of the Continental European legal system is divided into 6 phases, while Anglo American legal history began in the feudalistic era of England until it developed into America and continues to be studied until now. Meanwhile, the history of Islamic law is divided into 5 phases, starting from the Phase of the Prophet Muhammad to the Resurrection Phase (19th century until nowadays). In addition to history, the authors find that the Continental European legal system has the characteristic of anti-formalism thinking, while the Anglo American legal thinking characteristic tends to be formalism and is based on a relatively primitive mindset. While the thinking character of Islamic Law is much influenced by the thought of the fuqoha (fiqh experts) in determining the law to solve a problem, so relatively dynamic and moderate.

Legal challenges in bringing AI evidence to the criminal courtroom

2021 ◽  
pp. 203228442110570
Author(s):  
Katherine Quezada-Tavárez ◽  
Plixavra Vogiatzoglou ◽  
Sofie Royer
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Justice System ◽  
Case Law ◽  
Fair Trial ◽  
Criminal Proceedings ◽  
Legal Challenges ◽  
Criminal Courtroom ◽  
European Criminal Law ◽  
Applications Of Ai

Artificial Intelligence (AI) is rapidly transforming the criminal justice system. One of the promising applications of AI in this field is the gathering and processing of evidence to investigate and prosecute crime. Despite its great potential, AI evidence also generates novel challenges to the requirements in the European criminal law landscape. This study aims to contribute to the burgeoning body of work on AI in criminal justice, elaborating upon an issue that has not received sufficient attention: the challenges triggered by AI evidence in criminal proceedings. The analysis is based on the norms and standards for evidence and fair trial, which are fleshed out in a large amount of European case law. Through the lens of AI evidence, this contribution aims to reflect on these issues and offer new perspectives, providing recommendations that would help address the identified concerns and ensure that the fair trial standards are effectively respected in the criminal courtroom.

Introduction

2007 ◽  
pp. 1-14
Author(s):  
Chester Brown
Keyword(s):  
Dispute Settlement ◽  
Common Law ◽  
Case Law ◽  
Third Party ◽  
Homogeneous Body ◽  
Short Introduction ◽  
International Courts ◽  
International Dispute ◽  
History Of ◽  
International Adjudication

This chapter gives a short introduction to the history of international dispute settlement by third-party adjudication. It notes that there is a gap in the existing literature, being an examination of procedure and remedies before different international courts, and an answer to the question of whether the same procedural rules obtain, and the same remedies are available, before different international judicial bodies. It presents the book's central thesis — that international courts often adopt common approaches to questions of procedure and remedies, which leads to increasing commonality in the case law of international courts. It then explains that the term ‘common law of international adjudication’ refers to the emergence of an increasingly homogeneous body of rules applied by international courts and tribunals relating to procedure and remedies. It then defines the terms ‘procedure’ and ‘remedies’. It also covers certain selected aspects of international adjudication, and reviews the jurisprudence of certain selected international courts and tribunals.

Law Making

2019 ◽  
pp. 206-238
Author(s):  
John Baker
Keyword(s):  
Nineteenth Century ◽  
Common Law ◽  
Case Law ◽  
Symbiotic Relationship ◽  
Legal Change ◽  
Inns Of Court ◽  
History Of ◽  
The Common ◽  
Common Learning ◽  
Law Making

This chapter examines the history of case-law, legislation, and equity, with particular reference to legal change. The common law was evidenced by judicial precedent, but single decisions were not binding until the nineteenth century. It was also rooted in professional understanding, the ‘common learning’ acquired in the inns of court. It was based on ‘reason’, operating within a rigid procedural framework. Legal change could be effected by fictions, equity, and legislation, but (except during the Interregnum) there was little systematic reform before the nineteenth century. Legislation was external to the common law, but it had to be interpreted by common-law judges and so there was a symbiotic relationship between statute-law and case-law. Codification has sometimes been proposed, but with limited effect.

The Necessity Plea in English Criminal Law

1972 ◽  
Vol 30 (1) ◽  
pp. 87-119 ◽  
Author(s):  
P. R. Glazebrook
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Common Law ◽  
Case Law ◽  
Penal Code ◽  
Sharp Contrast ◽  
Striking Feature ◽  
Vast Number ◽  
English Law ◽  
Prevention Of Crime

The sharp contrast between the vast number of detailed statutory provisions defining particular offences and the small handful of widely phrased provisions concerned with the general principles of criminal liability is, perhaps, the most striking feature of English criminal law, and, like the continued co-existence of both common law and statutory offences, one of the unhappy consequences of England's failure to enact a penal code. Among the few statutory provisions laying down general principles of liability or excuse there is none which comprehends a defence of necessity, and so commentators have inevitably looked to the case law for an answer to the question: Is there in English criminal law a defence of necessity? by which they have meant: Is there a defence of necessity in the sense in which there is a defence of, for instance, insanity, or infancy, or duress or prevention of crime? To the question understood in that sense, the answer returned must, it is thought, be a plain No. To ask and to answer the question in that sense may, however, be misleading: it may be more revealing (as this paper suggests) to ask, How does English law handle the plea of necessity when it arises? What, in other words, is the juristic technique employed?

scholarly journals RELIGIOSITY IN CRIMINAL LAW: ISLAMIC PERSPECTIVE

2019 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Abdurrahman Raden Aji Haqqi
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Common Law ◽  
The Body ◽  
Religious Ritual ◽  
Belief Statement ◽  
The Family ◽  
The Holy Quran ◽  
The Common ◽  
Human Kind

The fundamental premises of Islamic law are that Allah has revealed His will for human-kind in the Holy Quran and the inspired example of the Prophet Muhammad (Peace be Upon Him), and that society's law must conform to Allah's revealed will. The scope of Islamic law is broader than the common law or civil law. In addition to core legal doctrines covering the family, wrongs, procedure, and commercial transactions, Islamic law also includes detailed rules regulating religious ritual and social etiquette. In Islam, religiosity is not asceticism in monasteries nor is it chattering from the pulpits. Instead, it is behaving in a manner that is requested from the Creator under all circumstances, places and times, in belief, statement and actions. Historically, law and religion have never been completely separated. They have never been so independent as to achieve complete autonomy from each other. Religion has essentially been embodied in legal systems, even in those that have aspired to privatize religion. Based on this fact, this paper discusses such fact i.e religiosity on specific theme of Islamic law that is criminal law which means the body of law dealing with wrongs that are punishable in Islamic law with the object of deterrence.

Why isn’t history a recognized criminal specialists’ teacher?

2016 ◽  
Vol 1 (1) ◽  
pp. 31-36
Author(s):  
Jarosław Warylewski
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Death Penalty ◽  
Criminal Law ◽  
Justice System ◽  
The Real ◽  
Penal Law ◽  
History Of

The study includes reflections on the history of punishment and other means of a criminal reaction, their effectiveness and their impact on the criminal justice system. It indicates the limited “repertoire” of the mentioned measures. It draws attention to the real threats to the most important legal interests, especially to life, such as war and terrorism. It doubts the effectiveness of severe penalties, especially the death penalty. Indicates the dangers of penal populism and the perishing of law, including criminal law. It contains an appeal to criminologists and penal law experts to deal with all these dangers in terms of ideas rather than individual regulations.

The Special Tribunal for Lebanon, Appeals Chamber: Decisions on the Legality of the Special Tribunal for Lebanon and Trials In Absentia

2013 ◽  
Vol 52 (1) ◽  
pp. 163-216
Author(s):  
Martin Wählisch
Keyword(s):  
Criminal Law ◽  
Justice System ◽  
International Criminal ◽  
International Justice ◽  
International Criminal Law ◽  
History Of

In October and November of 2012, the Appeals Chamber of the Special Tribunal for Lebanon (STL) issued two key decisions affirming the legality of the court and the use of trials in absentia of the accused. Highly disputed within Lebanon and throughout the international legal community, both decisions are crucial milestones in the developing history of the STL, and mark critical developments in the evolution of the international justice system and international criminal law.

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