NCJ Number
162606
Journal
International Journal of Comparative and Applied Criminal Justice Volume: 19 Issue: 1 Dated: (Spring 1995) Pages: 33-46
Date Published
1995
Length
14 pages
Annotation
This paper examines Islamic Criminal Law and Procedure.
Abstract
There are some differences among Islamic states but these differences are relatively minor. Muslims are tried in Sharia Courts for offenses found in the Koran; non-Muslims cannot be held to the same standard (Apostasy). All people are subject to the jurisdiction of Mazalim Courts which handle taxation, traffic, and other administrative functions. Islamic Law has three major divisions of crime: Hadith Crimes (most serious); Quesa Crimes and Diya (restitution); and Tazir Crimes (least serious). Islamic Law has many defenses to crime similar to the Common Law nations. They use puberty of a juvenile as the age of accountability. Police must obtain a search warrant for property. Punishment philosophies are similar to western views in theory, but they are applied in much different ways. Many punishments are public and intended as deterrents. Islamic judges have more freedom for sentencing options than western judges. They have mandatory sentences for only a few of the most serious Hadith Crimes. Some in the popular media point to the harshness of Islamic Law, and conclude that it must be wrong. However, countries under the rule of Islamic law have very low crime rates and few social problems. The authors conclude that Islamic Law is not wrong, only different. References