scholarly journals The Sharī‘a and Islamic Criminal Justice in Time of war and Peace

2015 ◽  
Vol 32 (2) ◽  
pp. 107-110
Author(s):  
Mourad Laabdi
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Legal System ◽  
Islamic Law ◽  
War And Peace ◽  
Publication Record ◽  
Post Conflict ◽  
Nineteenth And Twentieth Centuries ◽  
Introductory Review

Mahmoud Cherif Bassiouni is a distinguished human rights advocate with anastounding career and publication record that exceeds seventy books (authoredand edited) and 260 articles. The Sharī‘a and Islamic Criminal Justice is yetanother rigorous contribution that should enrich and broaden the scope of thecriminal law debate in the Islamic legal system and its relevance to internationalhumanitarian law. The significance of this work lies especially in theBook Reviews 107author’s sincere endeavor to derive appropriate tools from Islamic law to addresscontemporary issues of post-conflict and transitional justice.The first chapter, an introductory review of key conceptual constructs andhistorical developments, examines various topics from the evolution of Islamiclegal theory and the Sunni and Shi‘i schools of law to the resurgence of Islamicthought during the nineteenth and twentieth centuries. In regard to Islamic law’shistorical pertinence to issues related to war and peace, the author elaboratesespecially on two categories: dār al-ḥarb (the house of war) and dār al-silm(the house of peace). Finally, he illustrates four types of treaties: those of peace(salām), truce (hudnah), protection (dhimmah), and safe conduct (amān) ...

scholarly journals Human rights in Muslim law: current issues

2021 ◽  
pp. 12-16
Author(s):  
I.I. Maryniv ◽  
K.R. Malik
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Skin Color ◽  
Islamic Law ◽  
Social Background ◽  
Positive Law ◽  
Muslim Countries ◽  
General Principles Of Law ◽  
The Law ◽  
Islamic Society

The article is devoted to the study of the peculiarities of the legal system of Muslim countries. The author analyzes the essence of the concept of human rights and freedoms in Muslim law, as well as comparative characteristics with the Western legal system. The general principles of law in the Muslim system, due to the peculiarities of its historical formation, establish the criteria of conformity of positive law to the values of a particular society, limiting the action of a law to generally accepted moral criteria. It is noted that certain aspects of Sharia have different meanings for followers of Islam and those who do not adhere to this faith. In a ratio religious and secular rules of conduct operate differently. The author points out that in the theory of Muslim law, all people are equal regardless of their social background, skin color or language. It also speaks of the equality of all before the law and the court, but in practice a completely different situation arises. The article analyzes the disrespect for women's rights and the fact that women are essentially unprotected in Islam. It is noted that human rights, which should be universal in nature, were neglected by delegates to the 1993 UN Human Rights Conference in Vienna. In view of this, Islamic society is faced with the question: either Islam and Sharia, or democracy and human rights. At the same time, no explanation was given as to why one should be chosen over the other. The author proposes to gradually incorporate Muslim law into the law of Western countries, but only with respect for the national and cultural peculiarities of the East. It also highlights the importance of developing categories of human rights in the Muslim legal system, taking into account the standards of the Western concept of human rights and conducting a detailed study of Islamic law, rather than simply adding Western notions of natural human rights to Muslim law.

Aborginal English in the Legal System

1999 ◽  
Vol 27 (1) ◽  
pp. 35-42 ◽  
Author(s):  
Megan Suarez
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Legal System ◽  
Justice System ◽  
Equal Opportunity ◽  
Aboriginal People ◽  
International Human Rights ◽  
Aboriginal Community ◽  
International Human ◽  
The Government

The Australian legal system is based on the principle of equality before the law for all its citizens. The government of Australia also passed the international Human Rights and Equal Opportunity Commission Act in 1986, although these rights are not accessible to all Australians in the legal system (Bird 1995:3). The Australian legal system has failed to grant equality for all its people. The Aboriginal community is severely disadvantaged within the legal system because the Australian criminal justice system has “institutionalised discrimination” against Aboriginal people through communication barriers (Goldflam 1995: 29).

Introduction

2021 ◽  
pp. 3-31
Author(s):  
Richard Martin
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Northern Ireland ◽  
Human Rights Law ◽  
Cultural Dynamics ◽  
Police Reform ◽  
Post Conflict ◽  
The Social ◽  
The World

This chapter introduces the reader to the book’s central endeavour: to make sense of, and critically examine, the social and cultural dynamics that animate human rights law in contemporary policing. The chapter introduces the reader to the general and specific context in which this project takes place. It begins by drawing attention to the emergence of human rights as a normative vision and regulatory basis for police reform across the world and considering the issues that arise from this phenomenon for scholars of human rights and criminal justice. The chapter proceeds to describe and explain the book’s case study of the Police Service of Northern Ireland, situating the study within the country’s post-conflict society, before summarizing how the book develops across its nine substantive chapters.

A Re-Analysis of Price's “Islam and Human Rights: A Case of Deceptive First Appearances”

2003 ◽  
Vol 93 (3_suppl) ◽  
pp. 1335-1338 ◽  
Author(s):  
Walter R. Schumm
Keyword(s):  
Human Rights ◽  
Political Culture ◽  
Legal System ◽  
Significant Relationship ◽  
Statistical Power ◽  
Islamic Law ◽  
Significant Trend ◽  
Sharia Law ◽  
Quadratic Relationship

Daniel Price in his analysis of Islamic Political Culture and Human Rights concluded that “… government rooted in Islam does not facilitate the abuse of human rights.” A re-analysis of his data for 23 Islamic governments demonstrates otherwise. There is a significant trend ( p < .03), despite the low statistical power available in only 23 cases, for an inverted quadratic relationship between Islamic Political Culture and Human Rights. Among the nations scoring low on Islamic Political Culture, the correlation between the two variables is –.01 (ns); among those scoring high on Islamic Political Culture, the correlation shifts to –.78 ( p < .02). At lower scores for Islamic Political Culture, there may indeed be little relationship between Political Culture and Human Rights; however, at higher scores there appears to be a significant relationship between increasing Islamic Political Culture and a decline in Human Rights. The data suggest that extreme applications of Sharia law (if not any secular or religious legal system) may have serious implications for human rights—or at least, Western Euro-American conceptualizations of human rights. At the same time, support for human rights may increase as Islamic governments shift from mostly secular to moderate applications of Islamic law.

scholarly journals Perlindungan Perempuan Korban Kekerasan Dalam Rumah Tangga Menurut Sistem Hukum Indonesia Dan Sistem Hukum Islam

2020 ◽  
Vol 20 (1) ◽  
pp. 87-101
Author(s):  
Sukamarriko Andrikasmi ◽  
Emilda Firdaus
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Women Victims ◽  
Legal System ◽  
Islamic Law ◽  
Secondary Data ◽  
Natural Rights ◽  
Data Types ◽  
Ideal Form ◽  
The Ideal

Women are creatures of God Almighty, just as men have natural rights that are inherent and must be protected. In the Islamic legal system, women get a glorious position and many letters in the Qur'an tell about women. Yet today's tendency, many violations of women's human rights, especially occur in the domestic so-called domestic violence.This study raises the problem of how the protection of women victims of domestic violence according to the Indonesian legal system and Islamic legal system and how the ideal future form of protection of women victims of domestic violence. This type of research is normative juridical, using secondary data types. The results showed that the protection of women victims of domestic violence in the legal system of Indonesia already has a legal umbrella that is Law No. 23 of 2004 on the Elimination of Domestic Violence, but there are still weaknesses, while the protection of women victims of domestic violence in the Islamic legal system refers to Al Quran and Hadith especially in the Surah An Nisa but need to be interpreted contextually not just textual. The ideal form of protection of women victims of domestic violence in the future that is the articles in the Act abolition of domestic violence should apply the principles of marriage in Islamic law, so as to create peaceful, peaceful and eternal home forever

scholarly journals Application of Islamic Law in the UK and Universal Human Rights

2020 ◽  
pp. 72-87
Author(s):  
Elham Manea
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Islamic Law ◽  
Middle Eastern ◽  
Legal Pluralism ◽  
Religious Groups ◽  
Universal Human Rights ◽  
Islamic Countries ◽  
British Case ◽  
The Uk

Should Islamic Law be introduced into Western legal system? At the heart of the issue is a debate on legal pluralism, which envisions a society where different laws apply to different religious groups. This paper explores question using the British case of Sharia Councils. Building on the author’s knowledge of the situation of women in Middle Eastern and Islamic countries, she undertook firsthand analysis of the Islamic Sharia councils and Muslim arbitration tribunals in various British cities. She offers a pointed critique of legal pluralism, highlighting the type of Islamic law being used and its human rights ramifications.

scholarly journals Separation of Powers in the Kuwaiti Criminal Justice System: A Case Study

2018 ◽  
Vol 4 (2) ◽  
pp. 59
Author(s):  
Abdulrahman F S H Alhajri
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Islamic Law ◽  
Separation Of Powers ◽  
Law System ◽  
System A ◽  
Democratic Principles

Discussions of the Separation of Powers (SOP) tend to be related to the administrative state, at the expense of the criminal state. This research addresses the question of separating powers within the criminal justice system of Kuwait, examining the function of this division and the structures that are designed to protect the rights of citizens. Despite being regulated according to democratic principles, the criminal justice system of Kuwait has been described as excessively controlled by executive bodies. Currently, there appears to be a lack of research explaining how numerous criminal justice bodies in Kuwait can effectively promote the principles of freedom, democracy, and equality before the law. The proposed research aims to provide insights into the SOP between institutions and to assess its effectiveness in addressing the principles stated in the Constitution of Kuwait. The origins of the modern Kuwaiti criminal justice system will also be explored, with a focus on British Jurisdiction (as a past influence) and French, Egyptian and Islamic law (as continuing influences). This development history makes Kuwait an excellent example of the diffusion of law, which, although it has been investigated widely, is still a topic of interest among modern researchers, alongside human rights and their protection through the criminal law system. This is one of the first studies to discuss the SOP in the Kuwaiti criminal justice system as a mixed phenomenon that can influence the protection of Kuwaiti citizens’ human rights at each stage of law enforcement and prosecution.

scholarly journals Pengaruh Islamic Law System Terhadap Hukum Ekonomi Indonesia

2019 ◽  
Vol 4 (2) ◽  
Author(s):  
Tutik Nurul Janah
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Legal System ◽  
Islamic Law ◽  
Civil Law ◽  
Islamic State ◽  
Law System ◽  
Legal Norms ◽  
Economic Law ◽  
Civil Law System

Islamic Law System is generally applied in Islamic countries. An Islamic state is a country that uses Islamic law as the formal law of the state. Indonesia is a country with a dominant legal system using the Civil Law System. However, despite the dominant use of the Civil Law System, the Islamic Law System is also quite influential in Indonesia, especially in Privat law and economic law. The influence of the Islamic Law System in Indonesian economic law can be seen from the passing of the Law on Sharia Banking and other Legislation relating to Islamic economics. The dynamics of the speed of the needs of economic actors for legislation makes economic law the most dynamic field of law among other fields of legal study. Nevertheless, the legal norms must not be in conflict with human rights and humanity in order to achieve social justice for all Indonesian people.

scholarly journals A Comparative Study of Perjury in Legal System of Pakistan and Islamic Law

2020 ◽  
Vol 6 (4) ◽  
pp. 1571-1579
Author(s):  
Rashida Zahoor ◽  
Muhammad Fahad Anwar ◽  
Muhammad Asif Safdar ◽  
Jibran Jamshed
Keyword(s):  
Criminal Justice ◽  
Comparative Study ◽  
Criminal Justice System ◽  
Legal System ◽  
Justice System ◽  
Islamic Law ◽  
Penal Code ◽  
Legal Knowledge ◽  
Psychological Approach ◽  
Criminal Matters

Perjury is one of the crimes that harm criminal justice; Action against criminal justice means behavior that affects people's right to access the justice system or society's right to prosecute and punish criminals. The witness is considered a reason to prove disputes in both legal and criminal complaints, and due to the importance and value of the evidence, perjury has its specific implications. In our criminal justice system, testimony is a way of legal knowledge and reasoning to diagnose crimes committed by the accused. The testimony is not used in criminal matters, and ignoring his way is not against the accused. Consequently, truth is essential, and testimony cannot be used if it is not true. This paper expresses various forms and numerous aspects of perjury along with its definition, discusses perjury as part of the behavioral and psychological approach of sociology, and finally analyzes the laws of Perjury in Pakistan along with the relevant sections of the Pakistan Penal Code, 1860 (PPC), Qanoon and Shahadat Ordinance, 1984 (QSO) and The Oaths Act, 1873 and other  Islamic provisions of laws relating to perjury.

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