Term Paper: Islamic Criminal Justice System

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[. . .] The integration within the western society mostly go beyond the national systems which parallel between the civil law and the common law are much more important than the practical disparities. For instance, Quebec civil law is identical to the French law that have similarity of ideas with British law and the traditional absurdities of 19th Century regulations; to put it differently, the encoding and severity of the rule of model are two alleviating observation of the industrial period that goes parallel. 9

Eighty percent of the people in the world are administered either by the common law or civil law. Bijuralism indicates to a proclamation of facts in the Canadian perspective. Canada is grateful to its history and together with the harmonizing correlation that fasten the civil law to the common law, both due to the affluence as well as wonderful distinctiveness of Canadian Bijuralism. By implementing procedures and logical system resultant of various legal systems, Canadian Bijuralism permits novel answers in consonance with the needs of a continuously developing world. Bijuralism, as followed in Canada in general and the Department of Justice in particular, is primarily the communication between the common and the civil law. 10

Islamic legal system is not a legal system, like the Korean or Indonesian legal system, but instead a legal custom, akin to the common or civil law custom. A legal tradition is a package of identical beliefs, attitudes, and practices relating to the required segments of a legal system, inclusive of the extent and rationale of the law, the way in which regulations are built or explored, the characteristics and function of legal performer and the way in which the law is imbibed, executed, developed and modified. Similar to the common law and civil law traditions, Islamic law does not subsist in a clean form anywhere, but impacts in varying quantities in diverse manner several domestic legal systems of the world.

The extent of applicability of the Islamic Law is wider than the common law or civil law. Apart from main legal principles covering the family, faults, method and business transactions, Islamic law also comprise detailed regulations governing religious ceremonies and social etiquette. With regard to the application or anticipated application of the "Islamic Law" or "Shariah, they often submit to the enforcement of the state regarding the societal traditions in place of the legal principles which are stern. In Islamic law, the law of inheritance is stated elaborately in the original sources than most other topics. Due to this, the principles propounded during the dawn of Islam have been more resistant to advancement and transformation than some other doctrinal areas. 11

To comprehend the Islamic law, one should primarily appreciate the supposition of Islam and the fundamental doctrine of the faith. 'Islam' signifies obedience or acquiescence to Allah's wishes. Hence, Mohammedans must primarily abide by and surrender to Allah's wishes. Prophet Mohammad according to Muslims was instructed by God to decode verses from the Angel Gabriel to constitute the vital book in Islam, the Qur'an. The Islamic religion controls, governs and is kept in harmony by the Islamic religion. The theocracy governs all public and private issues. Government, the legal system and religion are regarded as single. There are different measures of this idea in many countries, but every law, government and civil authority is dependent on it and it forms a component of Islamic religion. 12

Civil laws exists in Muslim nations for Muslim and non-Muslim population. Shariah applies exclusively to Muslims. Majority of the Americans and others educated in Common Law have many problems with that notion. The U.S. Constitution debars the government from instituting a religion. It has been decided that by the U.S. Supreme Court in many cases that the U.S. Government cannot support a religion over another. That idea is understood as many U.S. legal researchers and a lot of academicians consider that any combination of church and state is intrinsically malevolent and has many troubles. They discard all concepts of a combination or religion and government. 13

Islamic law is called Shariah Law, and Shariah denotes the course to pursue the law of The Almighty. Shariah Law is all pervading or diverse in its approach in leading a person in almost every aspects of daily life. Islamic Law classifies crimes into three important categories. They are: Firstly there are the Hadd crimes which are the most grave. Secondly there are the Tazir Crimes which are lowest in seriousness. Thirdly are the Qesas Crimes. Hadd crimes are the most severe under Islamic Law, and Tazir crime constitutes the lowest in seriousness. Hadd crimes are liable for punishment by a pre-determined punishment stated in the Qu'ran. Qu'ran has the accurate mention to a particular act corresponding to the most gruesome crimes and prescribes a specific reprimand for that misdeed. There is no scope for a negotiated appeal or lessening the punishment for a Hadd crime. 14

No maximum or minimum punishment is stipulated for committing Hadd crimes. The system of punishment is analogous to the absolute condemnation forced by certain judges in the U.S. If you happen to commit a crime, you will know about your punishment. No relaxation exists in the U.S. definitive model or in the punishment for Hadd crimes under Islamic Law. Punishments can neither be altered nor lessened for these severe crimes. Hadd crimes have set punishments as they are fixed by God and are established in the Qur'an. Hadd crimes are those that are against God's law and Tazir crimes are crimes against society. Certain defense exists for Hadd crimes which a lot in the mass media do not state. People in the media merely state that punishment for pilfering is getting your hands chopped off. 15

The Islamic judge should visualize at an increased stage of proof and causes that led the person to commit the crime. The judge only in cases can inflict Hadd punishment when the accused owns up the crime or sufficient onlookers confirm it. There is a very lofty point of proof for the most severe crime and punishments. In cases of uncertainty regarding the culpability of a Hadd crime, the judge should consider the crime as a less important Tazir crime. When no confession is present or there aren't sufficient witnesses to a crime, Hadd crime is punished as a Tazir crime as required by Islamic law. 16

Modern Islamic Society has transformed very much since the period of Prophet. Current Shar'iah Law is available in written type and is legal in character. Islamic notions of justice are that an individual must have the knowledge about the crime and its potential punishment. Tazir crimes are less severe than the Hadd crimes found in the Qu'ran. Tazir punishments differ as per the situations. They alter from period to period and from location to location. They vary as per the seriousness of the crime and the degree of the criminal temperament of the offender. Tazir crimes are acts that attract punishment as the criminal violate God's law and word. Tazir crimes could be punished if they hurt the interest of the society. Shar'iah Law stresses on the interest of the society or public. 17

The supposition is made that a larger "malevolence" can be avoided in the future if you punish this criminal at the moment. Traditionally, Tazir crimes were unwritten. This enabled every head of the state to enjoy enormous freedom in announcing punishments. Unlike common law, the judge under Islamic Law is not compelled by precedents, regulations or earlier decisions. Judges enjoy complete liberty to prefer from any amount of punishments which they consider will assist an individual criminal. The sole guiding theory for judges under Shar'iah Law is that they should respond to Allah and also the larger community of Muslims. 18

There is a further type of crime under Islamic Law that general law countries don't have which is Qesas crimes. Qesas crime constitutes revenge. If you perform a Qesas offence, the sufferer has a right to search for reprisal and vengeance. The precise punishment for every Qesas crime is stated in the Qur'an. Qesas crime stands upon the criminological supposition of reprisal. Qesas crime is mere reprisal: if anybody commits an offence he should be familiar with the nature of punishment. Qesas law unites the procedure of criminal and civil proceedings in a single one, like the "civil law" is functional in a lot of nations of the globe. Qesas crimes are counterbalanced as reimbursement under both common and civil law. The Qesas crime entails compensation for every crime committed. 19

Every nation lay down the dent prior to the offence and the judge thereafter fixes the right Diya. One more notion of the Qesas crimes… [END OF PREVIEW]

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Islamic Criminal Justice System.  (2004, May 20).  Retrieved March 24, 2019, from https://www.essaytown.com/subjects/paper/islamic-criminal-justice-system/8175955

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