Suchergebnisse

The nature of Islamic international law -- Principles of Islamic international law -- Islamic philosophy of law in relation to Islamic international law -- Sources of Islamic public international law -- Islamic international law within municipal law -- International status of state sovereignty -- Subjects of the law -- Human rights law -- The discipline of Islamic international criminal law -- Aggression -- War crimes -- Unlawful use of weaponss -- Crimes against humanity -- Slavery -- Genocide -- Apartheid -- Torture -- Crimes against internationally protected persons -- Taking of hostages -- Drug offences -- Trafficking in persons and pornography -- Crimes against natural environments -- Crimes against foodstuffs -- Piracy -- Limitations of hostilities in the conduct of states -- Institution of protections -- Humanitarian protections of prisoners of war -- Islamic criminal jurisdiction within the ICC -- The mechanisms of the trial -- Rights of the accused -- Basis of criminal accountability -- Punishments.

Law code in the holy Qur'an Tahir Mahmood -- Criminal law in Islam: basic sources and general principles Mohammad ibn Ibrahim ibn Jubair -- Crimes and punishments under various schools of Shariʻah: a comparative overview Safia M. Safwat -- Ethics of punishment: Islamic and Western dispensations Fateh M. Sandeela -- Philosophy and basic principles of Islamic penal jurisprudence: a comparative view G. Saqlain Masoodi -- Islamic criminal law and social defense: an outsider's appraisal N.R. Madhava Menon -- Murder and homicide in Islamic criminal law: textual foundations Mohammad ibn Ibrahim al-Hewesh -- Suicide and euthanasia: Islamic viewpoint Jalaluddin Umri & Badar Durrez Ahmed -- Theft and robbery in Islamic criminal law: textual foundations Omar ibn Abdul Aziz al-Mutrak -- Islamic law and the crime of theft: an introduction David F. Forte -- Sexual offences in Islamic criminal law: textual foundations Omar ibn Abdul Aziz al-Mutrak -- Adultery and fornication in Islamic criminal law: a debate S.A.H. Rizvi, G.S. Masoodi & T. Mahmood -- Offence of adultery under Islamic and some other laws: a comparison Faizan Mustafa -- Judiciary and rights of the accused in Islamic criminal law Taha Jabir al-Alwani -- Criminal procedure at the Shariʻah law as seen by modern scholars: a review Tahir Mahmood -- Criminal law reform in Muslim countries: glimpses of traditional and modern legislation Tahir Mahmood -- Impact of Islamic penal law on crime situation in Saudi Arabia: findings of a research study Farouk Abdul Rahman Mourad & Hassan al-Saʻaty -- Administration of criminal justice in Saudi Arabia: a brief account Mohammad al-Saʻad al-Rasheed & Mohammad ibn Ibrahim al-Hewesh -- Legal system of modern Libya: enforcement of Islamic penal laws Tahir Mahmood -- Libyan legislation in defense of Arabo-Islamic sexual mores Ann Elizabeth Mayer -- Reform of the Indian penal code in Pakistan to enforce Islamic criminal law Tahir Mahmood -- Appendix: Text of Pakistan's Hudud ordinances

"In 'The Codification of Islamic Criminal Law in the Sudan', Olaf Köndgen offers an in-depth analysis of the Sudan's Islamized penal codes of 1983 and 1991, their historical, political, and juridical context, their interpretation in the case law of the Supreme Court, and their practical application. He examines issues that arise in sharia criminal law, including homicide, bodily harm, unlawful sexual intercourse (zina, liwat), rape, unfounded accusation of unlawful sexual intercourse (qadhf), highway robbery (hiraba), apostasy (ridda), and alcohol consumption. Drawing on a wide range of primary and secondary sources, a large number of previously untapped Supreme Court cases, and interviews with judges and politicians, Köndgen convincingly explains the multiple contradictions and often surprising aspects of one of the Arab world's longest lasting applications of codified sharia criminal law"--Back cover

It has been established that harsh Islamic punishments are practically not applied due to the high burden of proof and the need to involve an exhaustive number of witnesses. It has been proven that the Islamic criminal justice system provides the accused with basic guarantees. It is noted that according to Sharia, Islamic crimes are divided into three categories: Hadd, Qisas and Tazir. It is noted that Islamic criminal law provides that the accused is not guilty if his guilt is not proven. It is noted that equality before the law is one of the main legal principles of the Islamic criminal model, as all persons are equal before the law and are condemned equally regardless of religious or economic status (lack of immunity). There are four main principles aimed at protecting human rights in Islamic criminal law: the principle of legality (irreversible action), the principle of presumption of innocence, the principle of equality and the principle of ultimate proof. In addition, the Islamic criminal justice system provides defendants with many safeguards, which are always followed during detention, investigation, trial and after trial. It is established that such rights are: 1) the right of every person to the protection of life, honor, freedom and property; 2) the right to due process of law; 3) the right to a fair and open trial before an impartial judge; 4) freedom from coercion to self-disclosure; 5) protection against arbitrary arrest and detention; 6) immediate court proceedings; 7) the right to appeal. It is noted that if a person is charged, he/she has many remedies It is noted that the trial must be fair, in which the qadi (judge) plays an important role. It has been established that, in addition to the procedural guarantees, the qualifications and character of the qadi, as well as the strict requirements of Islamic rules of proof, are intended to ensure a fair trial in the case of the accused. Adherence to these principles has been shown to indicate that the rights of the accused are fully guaranteed under Islamic criminal law.

Mohammad Kamali considers problems associated with and proposals for reform of the hudud punishments prescribed by Islamic criminal law, and other topics related to crime and punishment in Shariah. He examines what the Qur'an and hadith say about hudud punishments, as well as just retaliation (qisas), and discretionary punishments (ta'zir), and looks at modern-day applications of Islamic criminal law in 15 Muslim countries. Particular attention is given to developments in Malaysia, a multi-religious society, federal state, and self-described democracy, where a lively debate about hudud has been on-going for the last three decades.