The interplay of two Sharīʿa penal codes

2021 ◽  
pp. 150-174
Author(s):  
A. Arfiansyah
Keyword(s):  
Penal Codes

scholarly journals Ewolucja odpowiedzialności nieletnich na przestrzeni lat

2020 ◽  
pp. 171-186
Author(s):  
Emilia Jurgielewicz-Delegacz
Keyword(s):  
Juvenile Delinquency ◽  
Legal Regulations ◽  
Penal Codes

  This article describes the evolution of juvenile responsibility based onPolish legal regulations developed after Poland regained its independence.For this reason, the description is based on legal acts adopted after 1918.The article deals with such issues as the age of a juvenile, a juvenile’s liability for acts prohibited by law, the consequences of juvenile delinquency. Theanalysed legal acts include penal codes from 1932, 1969 and 1997 and the actof 1982 on proceedings in juvenile cases.

scholarly journals Acoso sexista callejero: ¿qué respuesta puede ofrecer el Derecho penal? (Sexist Street Harassment: What Kind of Answer Can the Penal Law Provide?)

2019 ◽  
Vol 9 (6) ◽  
pp. 983-1000
Author(s):  
Alicia Brox Sáenz de la Calzada
Keyword(s):  
Comparative Law ◽  
Waste Paper ◽  
Penal System ◽  
System Reform ◽  
Street Harassment ◽  
Legal Perspective ◽  
Penal Law ◽  
Penal Codes ◽  
Derecho Penal

El presente trabajo analiza la polémica existente en el ámbito penal en torno a la creación de un delito de acoso sexista callejero. En un primer momento, se estudia el fenómeno en sí, sus repercusiones victimológicas y los problemas que plantea la falta de regulación penal al respecto, en el ámbito de la Comunidad Europea y en España. A continuación, ante una eventual reforma del sistema jurídico español, se comentan las posibilidades que ofrece el Derecho comparado belga y francés, países cuyos Códigos penales han sido reformados para sancionar este fenómeno. Ambas iniciativas, aunque bien intencionadas, corren el riesgo de convertirse en papel mojado. This paper analyses the controversy over the phenomenon of sexist street harassment under a legal perspective. Firstly, this paper studies the phenomenon itself, its impact on the victims and the problems caused by the lack of Spanish and European penal regulation. Secondly, considering a possible Spanish penal system reform, we discuss the options that Belgian and French comparative Law offers to tackle sexist street harassment. These two countries have reformed their Penal Codes to sanction this phenomenon. Both initiatives, though well-intentioned, run the risk of becoming waste paper.

7. Penal law

2021 ◽  
pp. 102-114
Author(s):  
Mashood A. Baderin
Keyword(s):  
Islamic Law ◽  
Penal Law ◽  
Heated Debate ◽  
Penal Codes ◽  
Muslim Majority ◽  
Controversial Aspect

‘Penal law’ reviews Islamic penal law, the most controversial aspect of Islamic law that often prompts heated debate about its applicability in contemporary times. Classical Islamic law classifies crimes and their punishments into three main categories: hudūd, qisās, and ta’zīr. Substantively, the hudūd and qisās offences are specifically prescribed in the Qur’an and/or the Sunnah, while the ta’zīr offences are left to the discretion of the ruling authority or judges. There are a number of evidential requirements and standard of proving criminal offences under Islamic law. The classical Islamic penal rules are now codified into the current penal codes of a few Muslim-majority states, with necessary modifications.

Islamic Criminal Law in Republic of Nigeria

2019 ◽  
pp. 310-314
Author(s):  
Mohammad Hashim Kamali
Keyword(s):  
Criminal Law ◽  
The State ◽  
The North ◽  
Two Systems ◽  
Penal Codes

The story of Islamic criminal law in Nigeria is one of uneasy coexistence between the constitution and the state shariah penal codes, especially since 2000 when Zamfara introduced such a code and was followed by other Muslim states in the north. The anomalies are also reflective of the dual legal heritage (Islamic and colonial) of Nigeria. Challenges thus remain on how to harmonise the two systems and communities without infringing on the general interests of the nation and the country’s constitution.

The Wrongfulness of Crimes of Unlawful Association

2008 ◽  
Vol 11 (4) ◽  
pp. 563-589 ◽  
Author(s):  
Manuel Cancio Meliáá
Keyword(s):  
Organized Crime ◽  
Criminal Policy ◽  
Criminal Organization ◽  
Political Organization ◽  
Collective Interest ◽  
Criminal Organizations ◽  
Actual Content ◽  
Penal Law ◽  
Penal Codes ◽  
Basic Approaches

Though always present in penal codes, offenses based on belonging to a criminal organization occupy a vanguard position in today's evolution of penal law systems: organized crime is located at one of the most prominent places in the criminal policy agenda. Nevertheless, neither criminal law theory nor the actual content of criminal provisions nor the putting of theory into practice enables an adequate restriction of the interpretation of the laws against criminal organizations. Therefore we need to investigate the wrongfulness at the base of this offense. European legal scholarship has proposed two basic approaches: to consider that this offense anticipates the possibility of punishing and prosecuting such behavior (anticipation theory) or to consider that it harms a collective interest ("public security," "public peace"). From our perspective, it is necessary to underline the collective wrongfulness embedded in a criminal organization and that, beyond the actual crimes committed, it questions the monopoly of violence exercised by the state. It represents the constitution of a violent organization that counters the basis of state political organization (arrogation of political organization). This approach opens a possibility to adequately define the offense of belonging to a criminal organization.

scholarly journals ON THE JESUIT-MARONITE PROVENANCE OF LEBANON'S CRIMINALIZATION OF HOMOSEXUALITY

2020 ◽  
Vol 35 (3) ◽  
pp. 380-406
Author(s):  
Ivan Strenski
Keyword(s):  
Moral Theology ◽  
Penal Code ◽  
Same Sex ◽  
Moral Thinking ◽  
Jesuit Missions ◽  
French Mandate ◽  
Penal Codes

AbstractArticle 534 of the Lebanese Penal Code, effectively, criminalizes homosexual practices. Most commentators have claimed that its existence in modern Lebanon is a “colonial relic,” specifically of the French Mandate, 1920–1946. But since 1791, French penal codes have not criminalized same-sex relations. I argue, instead, that Article 534 was the product of native religious, legal, and moral thinking among the Maronites, reinforced by the Thomistic and post-Tridentine moral theology taught in Lebanon by the Jesuit missions. Thomistic and post-Tridentine moral theology classified same-sex relations as worthy of condemnation as “unnatural acts”—the same language used in Article 534. Therefore, as a product of Lebanese political and religious sectarianism, Article 534 is a specific case of a congenial collaboration of Jesuit moral theology and a conservative Maronite ethical and legal koine.

Legislative Approaches towards Human Trafficking in Pre- versus Post-Islamic Revolution Iran

2010 ◽  
Vol 14 (2) ◽  
pp. 431-447
Author(s):  
Zahra Fehresti
Keyword(s):  
Human Trafficking ◽  
Present Article ◽  
International Agreements ◽  
Islamic Revolution ◽  
Before And After ◽  
Penal Codes ◽  
Women And Children ◽  
The Many ◽  
International Phenomenon

AbstractHuman trafficking, in particular the trafficking of women and children, is considered a syndicated international phenomenon, and numerous international agreements have consequently been signed to combat the crime. Iran is one of the many countries that passed legislated laws to battle this evil industry. In the present article, the author examines and compares Iran's legislative approaches towards human trafficking before and after the Islamic Revolution. The Iranian legislation combating human trafficking generally suffers from some serious shortcomings; particularly, the inconsistency regarding this issue between the civil and the Islamic Penal Codes and Iran's Constitution is its most prominent weakness.

Sign in / Sign up

Export Citation Format

Share Document