Death Penalty Under Hudud and Qisas from Modern Penology's Perspective PDF Download
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Author: Marli Candra
Publisher:
ISBN:
Category :
Languages : en
Pages : 238
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Book Description
Death punishment is a debatable issue that attracts the attention of scholars either in favour of or against it. This issue is intensively discussed in countries which still retain the death punishment for the offence committed in their territory, like the United State of America (USA), China and most of Muslim countries. In the case of the USA and China, the death punishment comes into the issue of crime prevention and reduction, whereas in Muslim countries, death punishment relates to the issue associated to religion as the death punishment is mostly related to ḥudūd and qiṣāṣ offenses which are unchangeable and should be applied in the Muslim life. This research tries to elucidate the penological aspect of death punishment in Islamic criminal law and compares it to the modern penological policy of modern criminal law. It is mostly based on qualitative approach which was designed to gather an in-depth understanding of the concept of punishment and its justification in the modern penology as well as in Islamic perspective. This approach is also based on analytical as well as comparative analysis in order to find the answers to the questions in this research. It is found that the justification for death punishment which is mainly contained in the ḥudūd and qiṣāṣ offenses is not detrimental to what is understood by modern penology. Islamic law provides death punishment for serious offenses, but it also prescribes ways on how to abolish such punishments. It is in concurrence with the modern abolishment approach with regard to death punishment. In another dimension, it is concluded that Islamic law is in accordance with the concept of human rights, particularly in the matter of punishment. Therefore, it is applicable to our modern era.
Author: Marli Candra
Publisher:
ISBN:
Category :
Languages : en
Pages : 238
Get Book Here
Book Description
Death punishment is a debatable issue that attracts the attention of scholars either in favour of or against it. This issue is intensively discussed in countries which still retain the death punishment for the offence committed in their territory, like the United State of America (USA), China and most of Muslim countries. In the case of the USA and China, the death punishment comes into the issue of crime prevention and reduction, whereas in Muslim countries, death punishment relates to the issue associated to religion as the death punishment is mostly related to ḥudūd and qiṣāṣ offenses which are unchangeable and should be applied in the Muslim life. This research tries to elucidate the penological aspect of death punishment in Islamic criminal law and compares it to the modern penological policy of modern criminal law. It is mostly based on qualitative approach which was designed to gather an in-depth understanding of the concept of punishment and its justification in the modern penology as well as in Islamic perspective. This approach is also based on analytical as well as comparative analysis in order to find the answers to the questions in this research. It is found that the justification for death punishment which is mainly contained in the ḥudūd and qiṣāṣ offenses is not detrimental to what is understood by modern penology. Islamic law provides death punishment for serious offenses, but it also prescribes ways on how to abolish such punishments. It is in concurrence with the modern abolishment approach with regard to death punishment. In another dimension, it is concluded that Islamic law is in accordance with the concept of human rights, particularly in the matter of punishment. Therefore, it is applicable to our modern era.
Author: Roger Hood CBE QC (Hon) DCL FBA
Publisher: OUP Oxford
ISBN: 0191021733
Category : Law
Languages : en
Pages : 2168
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Book Description
The 4th edition of this authoritative study of the death penalty, now written jointly with Carolyn Hoyle, brings up-to-date developments in the movement to abolish the death penalty worldwide. It draws on Roger Hood's experience as consultant to the United Nations for the UN Secretary General's five-yearly surveys of capital punishment and on the latest information from non-governmental organizations and the academic literature. Not only have many more countries abolished capital punishment but, even amongst those that retain it, the majority have been carrying out fewer executions. Legal challenges to the mandatory capital punishment have been successful, as has the pressure to abolish the death penalty for those who commit a capital crime when under the age of 18. This edition has more to say about the prospects that China will restrict and control the number of executions 'on the road to abolition'. Yet, despite such advances, this book reveals many human rights abuses where the death penalty still exists. In some countries a wide range of crimes are still subject to capital punishment, and the authorities too often fail to meet the safeguards embodied in international human rights treaties to safeguard those facing the death penalty. There is evidence of police abuse, unfair trials, lack of access to competent defence counsel, excessive periods of time spent on in horrible conditions on 'death row', and public, painful forms of execution. The authors engage with the latest debates on the realities of capital punishment, especially its justification as a uniquely effective deterrent; whether it can ever be administered equitably, without discrimination or error; and what influence relatives of victims should have in sentencing and on the public debate. For the first time, it also discussing the problem of devising an alternative to capital punishment, especially life imprisonment without the possibility of parole.
Author: Roger Hood
Publisher: Oxford University Press, USA
ISBN:
Category : Language Arts & Disciplines
Languages : en
Pages : 200
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Book Description
A report to the United Nations Committee on Crime Prevention and Control.
Author: Markus D Dubber
Publisher: OUP Oxford
ISBN: 0191654604
Category : Law
Languages : en
Pages : 1294
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Book Description
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
Author: Rudolph Peters
Publisher: Cambridge University Press
ISBN: 9780521792264
Category : History
Languages : en
Pages : 242
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Book Description
This book, first published in 2006, is an account of the theory and practice of Islamic criminal law.
Author: Matthew Lippman
Publisher: Praeger
ISBN:
Category : Law
Languages : en
Pages : 200
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Book Description
2. The origins of islamic law
Author: Muḥammad Salīm ʻAwwā
Publisher: Amer Trust Publications
ISBN: 9780892590155
Category : Religion
Languages : en
Pages : 148
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Book Description
Author: Kent F. Schull
Publisher: Edinburgh University Press
ISBN: 0748677690
Category : History
Languages : en
Pages : 240
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Book Description
Contrary to the stereotypical images of torture, narcotics and brutal sexual abuse traditionally associated with Ottoman or 'Turkish' prisons, Kent Schull argues that, during the Second Constitutional Period (1908-1918), they played a crucial role in attempts to transform the empire.
Author: Hong Lu
Publisher: Routledge
ISBN: 1135914923
Category : Law
Languages : en
Pages : 274
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Book Description
This book examines the death penalty within the changing socio-political context of China. The authors' treatment of China's death penalty is legal, historical, and comparative, focusing on its theory and the actual practice.
Author: Jawad Syed
Publisher: Springer
ISBN: 1349949663
Category : Political Science
Languages : en
Pages : 552
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Book Description
This book documents and highlights the Deobandi dimension of extremism and its implications for faith-based violence and terrorism. This dimension of radical Islam remains largely ignored or misunderstood in mainstream media and academic scholarship. The book addresses this gap. It also covers the Deobandi diaspora in the West and other countries and the role of its radical elements in transnational incidents of violence and terrorism. The specific identification of the radical Deobandi and Salafi identity of militants is useful to isolate them from the majority of peaceful Sunni and Shia Muslims. Such identification provides direction to governmental resources so they focus on those outfits, mosques, madrassas, charities, media and social medial channels that are associated with these ideologies. This book comes along at a time when there is a dire need for alternative and contextual discourses on terrorism.
