scholarly journals Conceptualization of the Penology System under Islamic Criminal Law

2021 ◽  
Vol 3 (2) ◽  
pp. 87-92
Author(s):  
Muhammad Asif Safdar ◽  
Dr. Rashida Zahoor ◽  
Khurram Baig ◽  
Rao Imran Habib

Islam propounds a culture where everybody follows the rules. Islam aims to preserve peace and tranquillity within the society and thus takes all required legal action to ensure the community against disruptive elements. The notion of retribution in Islam is not the primary law of Islam. They are only imposed as a requirement or series and a vindication of the primary structure of Islamic society. Criminal activity within the revered Islamic order of society is not condoned. Islam aims to change the world by changing its human adherents. Shariah law is focused on the individual rights of persons, but those rights only exist within a framework that stresses the rights of other people. Islam is not against the relative culpability of offenders and how circumstances regulate illegal conduct. Islam is the only religion where its laws and regulations are enforced according to a particular set of laws and regulations. Islam uses a system of proportional punishment. Islamic punishments are entirely justified because Islam takes complete steps to deter crime and inculcates offenders' moral conduct. The Islamic Criminal law has accepted several crimes by offering deterrence, reformative, retaliate and other kinds of punishments to uphold harmony in the community and rehabilitate the offenders. This paper focuses on the Islamic penology and the concept of crime and their punishment and explores its social, historical, and current value

Author(s):  
Maryani Maryani

Communication is an integral part of human life because our movements are always associated by communication. At this point, the communication is in terms of Islamic communication, i.e. communication of moral al-karimah or ethics. Communication of morality means the communication that comes from the Quran and hadith (sunnah of the Prophet). Islamic communication is a new form of phrase and thought emerged in academic research started from about three decades ago. The emergence of Islamic communication thoughts and activism is based on the failure of the philosophy, paradigm and implementation of western communication which further optimizes the pragmatic, materialistic and capitalist media values. This failure has negative implications especially on the Muslim community throughout the world due to the different religions, cultures and lifestyles of the (western) countries that are as the producers of the sciences. There are two kinds of communication consisting of: (1) direct communication (face to face) either between individual with individual, or individual with group, or group with group, group with society, hence influence the individual relation (interpersonal) included in understanding the communication; and (2) mass communication that is a process of communication made through the mass media with various purposes of communication and to convey information to a wide audience. The basics of communication principles must be mastered. By mastering the principles of communication in Islamic society, it can be able to organize Islamic education and Islamic communication to form a high-quality communication in the society, professionals, and noble character.


2021 ◽  
Vol 58 (1) ◽  
pp. 1085-1093
Author(s):  
Khurshida Mirziyatovna Abzalova

In the world, protection of the rights and interests of the individual is one of the priority areas for improving legislation. In this process, a special role is played by criminal legislation, which is designed to ensure the protection of human life as the most valuable object of criminal law protection. The fight against crimes against life, in particular murder, is the highest priority for judicial and law enforcement agencies. In this regard, the adoption of effective measures to counter deliberate killings, the study of the causes and conditions that contribute to their Commission, as well as the identity of the killer are of great scientific and practical importance. According to statistics provided in the UN Global Study on Homicide report for 2019, the number of murders per 100,000 people in El Salvador is 61.8, in Brazil-30.5, in Russia-10.82, in Switzerland-5.35, in Uzbekistan-3, Finland-1.42, in the UK-1.2[1]. All this indicates the need to pay special attention to effective criminal law protection of human life.


Author(s):  
Vladimir Burlakov ◽  
Vladislav Shchepelkov

All over the world crime is becoming more and more organized. Globalization has considerably extended the area of criminal activities, it can no longer be contained within the national boundaries of one state. Crime bosses freely travel between countries and may solve the problems of their gangs’ cooperation far from the place where the criminal activity takes place. The gangs today have moved away from typical criminal practices. Business is becoming their key activity as it facilitates the organization of criminal groups not only in the shadow, but also in the legal economy. Thus, the main focus of crime counteraction should be the bosses of organized crime. Based on this position, the authors provide a theoretical basis for the introduction of Art. 210.1 in the Criminal Law of Russia — taking the highest position in the criminal hierarchy. They analyze the legal construction of this offence which, in essence, is inchoate. The authors also assess the grounds for criminalizing the very fact of occupying the highest position in a criminal hierarchy. It is proven that this status of a crime boss emerges at an advanced stage of development of the organized group, so the form of crime organization could act as a criterion for the establishment of such a status. The authors also examine some problems of enforcing Art. 210.1 of the Criminal Code and offer different ways of solving them, namely, the aggregate of Part 4, Art. 210 and Art. 210.1 of the CC, and the and specific features of penalizing offenders persecuted under Art. 210.1 and Part 4, Art. 210 of the CC of the Russian Federation.


Author(s):  
Abas Ahmadi ◽  
Mostafa Abasi Moghadam

Aim: The Aim of this article was to compare the lifestyle of Islamic and Western students based on the school of secularism. Lifestyle is a category that has been attended by scientists from different schools in the new age. Western scholars from the Renaissance later on have provided many articles on this subject and considered it a new category. Western scholars differed in their worldview and ideology, of which, including the secular school of thought. The secularist insight, which is a special and evolved form of nouns such as materialist and humanistic, has been devoted to the world and its followers. Methodology: The research method was a field study and a library study. By expressing concepts related to lifestyle by Western scholars, students turned into a particular lifestyle that they considered desirable according to their type of thinking. Because the kind of insight and type of ideology plays a very important role in choosing a lifestyle. But in traditional and religious societies such as Islamic society, Islamic lifestyle is based on Islamic worldview and ideology, and it has conflicts and differences with Western lifestyle and secularism. This article tries to "compare the lifestyle of Islamic and Western students based on the secularist school". Results and conclusion: western Secular Student Involves Four Characteristics in Lifestyle: 1) The human-centered worldview 2) A wise man in the world 3) Man is limited to the material world 4) Originality of consumption in determining lifestyle. But the characteristics of the student lifestyle from the perspective of the Quran and hadith are as follows: 1) Godliness and belief in the position of human caliphate on earth 2) Sense, Reason and Revelation, Elements of Human Knowledge 3) The close relationship between the individual and the community 4) The Origin of Spirituality and Humanity in Determining the Lifestyle 5) Component Science for Evolution. The principles of difference in these two are: 1) Differences in the type of worldview 2) Differences in the source and factors determining the type of lifestyle 3) Differences in anthropology 4) Difference in attitude towards science.


2021 ◽  
Vol 2 (1) ◽  
pp. 53-58
Author(s):  
I Kadek Suar Putra Dana ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara

Current world conditions  the outbreak of the Covid 19 virus that attacks humans around the world so that the Indonesian government takes a serious policy to tackle the spread of this virus by limiting areas this policy has resulted in crimes One of them is the crime of falsification of the covid test certificate 19   The formulation of the problem that can be raised is how to regulate the forgery of medical certificates in Indonesian criminal law? and what are the criminal sanctions for falsification of the Covid 19 rapid test certificate by medical personnel? This thesis research uses normative research type   Letter forgery is regulated in KUHP articles 263 to article 267  besides that it is also regulated in article 7 of the medical code of ethics  Sanctions for falsification of the COVID-19 rapid test certificate are subject to criminal sanctions and sanctions on medical code of ethics   administrative sanctions  If the doctor is proven to have committed forgery himself  then the liability will be punished for a maximum of 4 (years) and administrative sanctions if it is carried out by the hospital the corporation will be subject to criminal three times the fine set against the individual.


2019 ◽  
Vol 1 (2) ◽  
pp. 120-130
Author(s):  
Coline Covington

The Berlin Wall came down on 9 November 1989 and marked the end of the Cold War. As old antagonisms thawed a new landscape emerged of unification and tolerance. Censorship was no longer the principal means of ensuring group solidarity. The crumbling bricks brought not only freedom of movement but freedom of thought. Now, nearly thirty years later, globalisation has created a new balance of power, disrupting borders and economies across the world. The groups that thought they were in power no longer have much of a say and are anxious about their future. As protest grows, we are beginning to see that the old antagonisms have not disappeared but are, in fact, resurfacing. This article will start by looking at the dissembling of a marriage in which the wall that had peacefully maintained coexistence disintegrates and leads to a psychic development that uncannily mirrors that of populism today. The individual vignette leads to a broader psychological understanding of the totalitarian dynamic that underlies populism and threatens once again to imprison us within its walls.


Author(s):  
Emma Simone

Virginia Woolf and Being-in-the-world: A Heideggerian Study explores Woolf’s treatment of the relationship between self and world from a phenomenological-existential perspective. This study presents a timely and compelling interpretation of Virginia Woolf’s textual treatment of the relationship between self and world from the perspective of the philosophy of Martin Heidegger. Drawing on Woolf’s novels, essays, reviews, letters, diary entries, short stories, and memoirs, the book explores the political and the ontological, as the individual’s connection to the world comes to be defined by an involvement and engagement that is always already situated within a particular physical, societal, and historical context. Emma Simone argues that at the heart of what it means to be an individual making his or her way in the world, the perspectives of Woolf and Heidegger are founded upon certain shared concerns, including the sustained critique of Cartesian dualism, particularly the resultant binary oppositions of subject and object, and self and Other; the understanding that the individual is a temporal being; an emphasis upon intersubjective relations insofar as Being-in-the-world is defined by Being-with-Others; and a consistent emphasis upon average everydayness as both determinative and representative of the individual’s relationship to and with the world.


Moreana ◽  
2018 ◽  
Vol 55 (Number 209) (1) ◽  
pp. 79-93
Author(s):  
Marie-Claire Phélippeau

This paper shows how solidarity is one of the founding principles in Thomas More's Utopia (1516). In the fictional republic of Utopia described in Book II, solidarity has a political and a moral function. The principle is at the center of the communal organization of Utopian society, exemplified in a number of practices such as the sharing of farm work, the management of surplus crops, or the democratic elections of the governor and the priests. Not only does solidarity benefit the individual Utopian, but it is a prerequisite to ensure the prosperity of the island of Utopia and its moral preeminence over its neighboring countries. However, a limit to this principle is drawn when the republic of Utopia faces specific social difficulties, and also deals with the rest of the world. In order for the principle of solidarity to function perfectly, it is necessary to apply it exclusively within the island or the republic would be at risk. War is not out of the question then, and compassion does not apply to all human beings. This conception of solidarity, summed up as “Utopia first!,” could be dubbed a Machiavellian strategy, devised to ensure the durability of the republic. We will show how some of the recommendations of Realpolitik made by Machiavelli in The Prince (1532) correspond to the Utopian policy enforced to protect their commonwealth.


2015 ◽  
Vol 11 (1) ◽  
pp. 41-54 ◽  
Author(s):  
Zsófia Demjén

This paper demonstrates how a range of linguistic methods can be harnessed in pursuit of a deeper understanding of the ‘lived experience’ of psychological disorders. It argues that such methods should be applied more in medical contexts, especially in medical humanities. Key extracts from The Unabridged Journals of Sylvia Plath are examined, as a case study of the experience of depression. Combinations of qualitative and quantitative linguistic methods, and inter- and intra-textual comparisons are used to consider distinctive patterns in the use of metaphor, personal pronouns and (the semantics of) verbs, as well as other relevant aspects of language. Qualitative techniques provide in-depth insights, while quantitative corpus methods make the analyses more robust and ensure the breadth necessary to gain insights into the individual experience. Depression emerges as a highly complex and sometimes potentially contradictory experience for Plath, involving both a sense of apathy and inner turmoil. It involves a sense of a split self, trapped in a state that one cannot overcome, and intense self-focus, a turning in on oneself and a view of the world that is both more negative and more polarized than the norm. It is argued that a linguistic approach is useful beyond this specific case.


Author(s):  
Elizabeth R. Wheelock

Although primarily known as a feminist scholar and author of such works as She Came to Stay and The Second Sex, Simone de Beauvoir contributed heavily to French existential thought. The two writings upon which this paper focuses, The Ethics of Ambiguity and The Woman Destroyed, deal with the existential issues involved in human interactions and personal relationships. The Ethics of Ambiguity, famous as an exploration of the ethical code created by existential theory, begins with a criticism of Marxism and the ways in which it deviates from existentialism. Similarly, the first of the three short stories that make up de Beauvoir’s fictional work The Woman Destroyed follows the French intelligentsia and their similarities and digressions from Marxist and existential thought. In this paper, I seek to analyze Simone de Beauvoir’s criticism of Marxist theory in The Ethics of Ambiguity and its transformation into the critique of intellectualism found twenty years later in The Woman Destroyed. I will investigate Marxism’s alleged attempts to constrain the group it wishes to lead and the motivation behind these actions. Finally, I conclude with a discussion of the efficacy of fiction as a medium for de Beauvoir’s philosophy.


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