NCJ Number
87479
Editor(s)
M E Bassiouni
Date Published
1982
Length
259 pages
Annotation
A series of essays on the Islamic criminal justice system deals with the criminal process, the protection of individual rights, criminal responsibility, crimes, and punishment.
Abstract
In guaranteeing due process and individual justice, Islamic law conforms to international conventions on the protection of human rights, although it differs in some cases with interpretations of what constitutes cruel and unusual punishment (Islam provides for flogging and the amputation of hands and feet). The right of the individual to personal security under Islamic law is guaranteed in theories of incrimination and penology, criminal procedure, and the principle of legality, which provides that no offense or punishment can occur unless specified by law at the time of the behavior in question. Principles of evidence provide that evidence must be persuasive enough to overcome the presumption of innocence, and the primary modes for receiving evidence are witness testimony and the accused in the investigative stage of a case bear upon the right of defense, restrictions on preventive detention, searches and eavesdropping, and the right to speak or remain silent. Criminal responsibility requires that a person be of the age of discretion, be able to exercise choice, and be at fault (have criminal intent or contribute to the offense through a mistake). Hudad crimes (apostasy, revolt against the ruler, theft, highway robbery, adultery, slander, and drinking alcohol) carry mandatory penalties that include the amputation of hands and feet, flogging, and death. Quesas crimes (murder, voluntary and involuntary killing, and intentional and unintentional physical injury) involve the sanctions of retaliation or compensation for the victim or his/her family. All offenses for which the law does not prescribe a penalty are in the category of Ta'azir, and the judge is given the discretion to determine the penalty for such offenses. Provision is made for protecting the rights of the offender under the threat of and implementation of punishment. Appended is a summary report of the First International Conference on the Protection of Human Rights in the Islamic Criminal Justice System, a list of conference participants, and the final resolution adopted by the conference. Forty-four bibliographic listings are provided. For individual entries, see NCJ 87480-90.