Islam: Crime and Punishment Justice
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Women and Islamic Law Christie S
College of William & Mary Law School William & Mary Law School Scholarship Repository Faculty Publications Faculty and Deans 2008 Lifting the Veil: Women and Islamic Law Christie S. Warren William & Mary Law School, [email protected] Repository Citation Warren, Christie S., "Lifting the Veil: Women and Islamic Law" (2008). Faculty Publications. 99. https://scholarship.law.wm.edu/facpubs/99 Copyright c 2008 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/facpubs LIFTING THE VEIL: WOMEN AND ISLAMIC LAW CHRISTIES. WARREN * "Treat your women well and be kind to them for they are your partners and committed helpers." From the Farewell Address of the Holy Prophet Muhammad1 I. INTRODUCTION By the end of February 632 and at the age of sixty-three, the Prophet Muhammad believed that his days on earth were coming to an end.2 He announced to his followers that he would lead the hajj, the annual pilgrimage to Mecca, himself that year.3 On March 3, the Prophet delivered his farewell sermon near Mount Arafat.4 Among the limited number of topics he chose to include in his last public speech, he encouraged his followers to deal justly with one another and treat women well. 5 In the modem era, the rights of women under Islamic law have come under heightened scrutiny. Some commentators find the Prophet's farewell speech to be inconsistent with the way women are treated in some areas of the Muslim world. In Saudi Arabia, for example, women may neither drive nor vote. -
Classic Arguments for and Against the Death Penalty
\\server05\productn\E\ELO\1-1\ELO105.txt unknown Seq: 1 25-NOV-09 10:39 INTRODUCTORY ESSAY CLASSIC ARGUMENTS FOR AND AGAINST THE DEATH PENALTY ©VICTOR STREIB* This death penalty symposium issue is an academic exploration of a wide variety of complex legal issues surrounding capital punishment law. It follows, then, that the authors of the articles examine these issues as academics, regardless of the political fallout from their find- ings. What this symposium issue is not, therefore, is a pro and con debate about the death penalty’s morality, legality, or effectiveness. The organizers of this symposium assume, however, that at least some of our audience at the symposium and the readers of this symposium issue would appreciate having a primer on the classic arguments for and against the death penalty.1 This is that primer, complete with ref- erences to guide readers to more complete information if they choose to pursue it.2 * Professor, Ohio Northern University College of Law; Senior Lecturing Fellow, Duke University School of Law. These materials are taken primarily from VICTOR STREIB, DEATH PENALTY IN A NUTSHELL 9-26 (3d ed. 2008). 1 Symposium attendees did benefit considerably from the oral presentation by Pro- fessor Arnold Loewy entitled The Death Penalty and Innocence, Elon Law Review Death Penalty Symposium (Nov. 21, 2008), based upon his previously published article, Police, Citizens, the Constitution, and Ignorance: The Systematic Value of Citizen Ignorance in Solving Crime, 39 TEX. TECH L. REV. 1077 (2007). 2 An excellent summary of these issues also can be found at LINDA E. -
Exodus an Eye for an Eye Lesson 32 Exodus 21:12-36 120620
Exodus An Eye for an Eye Lesson 32 Exodus 21:12-36 120620 Introduction 1 Two weeks ago we jumped back into our study in the book of Exodus right where we left off three years ago. a The Israelites had been miraculously freed from Egypt, led through the Red Sea and brought out into the dessert where God called them to be his people and formed them into his nation. b As a new nation under God they would need laws to govern them. And so God directly gave them ten timeless commandments to live before Him … and we took those up in great detail. 2 Now, three years later we are turning our attention to the next section of Exodus which Scripture itself calls the Book of the Covenant. a It comprises about three chapters and was given by God to teach his people how to apply the Ten Commandments to specific situations in a way the promoted love of God and neighbor. b And while these laws could never address every possible situation that might arise, they provided the basic spiritual and legal principles for the Israelites to live as the people of God. 3 As I mentioned last week this section of scripture is not written directly to us but it is written for us. a There is something to be learned from these verses because all scripture is God-breathed and useful for our instruction (2 Tim 3:16). The mistake often made regarding these laws is to either completely toss them or try to implement them at our next city council meeting. -
Muslim American's Understanding of Women's
California State University, San Bernardino CSUSB ScholarWorks Electronic Theses, Projects, and Dissertations Office of aduateGr Studies 6-2018 MUSLIM AMERICAN’S UNDERSTANDING OF WOMEN’S RIGHTS IN ACCORDANCE TO THE ISLAMIC TRADITIONS Riba Khaleda Eshanzada Follow this and additional works at: https://scholarworks.lib.csusb.edu/etd Part of the Social Work Commons Recommended Citation Eshanzada, Riba Khaleda, "MUSLIM AMERICAN’S UNDERSTANDING OF WOMEN’S RIGHTS IN ACCORDANCE TO THE ISLAMIC TRADITIONS" (2018). Electronic Theses, Projects, and Dissertations. 637. https://scholarworks.lib.csusb.edu/etd/637 This Project is brought to you for free and open access by the Office of aduateGr Studies at CSUSB ScholarWorks. It has been accepted for inclusion in Electronic Theses, Projects, and Dissertations by an authorized administrator of CSUSB ScholarWorks. For more information, please contact [email protected]. MUSLIM AMERICAN’S UNDERSTANDING OF WOMEN’S RIGHTS IN ACCORDANCE TO THE ISLAMIC TRADITIONS A Project Presented to the Faculty of California State University, San Bernardino In Partial Fulfillment of the Requirements for the Degree Master in Social Work by Riba Khaleda Eshanzada June 2018 MUSLIM AMERICAN’S UNDERSTANDING OF WOMEN’S RIGHTS IN ACCORDANCE TO THE ISLAMIC TRADITIONS A Project Presented to the Faculty of California State University, San Bernardino by Riba Khaleda Eshanzada June 2018 Approved by: Dr. Erica Lizano, Research Project Supervisor Dr. Janet Chang, M.S.W. Research Coordinator © 2018 Riba Khaleda Eshanzada ABSTRACT Islam is the most misrepresented, misunderstood, and the subject for much controversy in the United States of America especially with the women’s rights issue. This study presents interviews with Muslim Americans on their narrative and perspective of their understanding of women’s rights in accordance to the Islamic traditions. -
The Punishment of Islamic Sex Crimes in a Modern Legal System the Islamic Qanun of Aceh, Indonesia
CAMMACK.FINAL3 (DO NOT DELETE) 6/1/2016 5:02 PM THE PUNISHMENT OF ISLAMIC SEX CRIMES IN A MODERN LEGAL SYSTEM THE ISLAMIC QANUN OF ACEH, INDONESIA Mark Cammack The role of Islamic law as state law was significantly reduced over the course of the nineteenth and twentieth centuries. This decline in the importance of Islamic doctrine has been attributed primarily to the spread of European colonialism. The western powers that ruled Muslim lands replaced much of the existing law in colonized territories with laws modeled after those applied in the home country. The trend toward a narrower role for Islamic law reversed itself in the latter part of the twentieth century. Since the 1970s, a number of majority Muslim states have passed laws prescribing the application of a form of Islamic law on matters that had long been governed exclusively by laws derived from the western legal tradition. A central objective of many of these Islamization programs has been to implement Islamic criminal law, and a large share of the new Islamic crimes that have been passed relate to sex offenses. This paper looks at the enactment and enforcement of recent criminal legislation involving sexual morality in the Indonesian province of Aceh. In the early 2000s, the provincial legislature for Aceh passed a series of laws prescribing punishments for Islamic crimes, the first such legislation in the country’s history. The first piece of legislation, enacted in 2002, authorizes punishment in the form of imprisonment, fine, or caning for acts defined as violating Islamic orthodoxy or religious practice.1 The 2002 statute also established an Islamic police force called the Wilayatul Hisbah charged 1. -
Islamic Law Across Cultural Borders: the Involvement of Western Nationals in Saudi Murder Trials
Denver Journal of International Law & Policy Volume 28 Number 2 Spring Article 3 May 2020 Islamic Law across Cultural Borders: The Involvement of Western Nationals in Saudi Murder Trials Hossin Esmaeili Jeremy Gans Follow this and additional works at: https://digitalcommons.du.edu/djilp Recommended Citation Hossin Esmaeili & Jeremy Gans, Islamic Law across Cultural Borders: The Involvement of Western Nationals in Saudi Murder Trials, 28 Denv. J. Int'l L. & Pol'y 145 (2000). This Article is brought to you for free and open access by Digital Commons @ DU. It has been accepted for inclusion in Denver Journal of International Law & Policy by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],[email protected]. ISLAMIC LAW ACROSS CULTURAL BORDERS: THE INVOLVEMENT OF WESTERN NATIONALS IN SAUDI MURDER TRIALS HOSSEIN ESMAEILI AND JEREMY GANS* I. INTRODUCTION On 11 December 1996, a 51-year-old Australian nurse, Yvonne Gil- ford was found dead in her room in the King Fahd Military Medical Complex in Dhahran, Saudi Arabia.! Within days, two British nurses, Deborah Parry and Lucille McLauchlin, were detained by Saudi au- thorities and later tried and convicted for Gilford's murder.2 These in- cidents spawned a familiar tale of international diplomacy: two gov- ernments, facing conflicting domestic pressures when the nationals of one country are subjected to the laws of another, solve their problem at the executive level once the criminal justice system proceeds to the pu- nitive stage. This culminated in the release of both nurses and their deportation to Britain on May 19 1998.s However, the outcome of the Gilford trial also turned on an unusual legal circumstance: the eventual resolution was dependant on a decision by a citizen of a third country, Frank Gilford, a resident of Australia, whose only connection to the events was that he was the victim's * Dr. -
The Christian Executioner: Reconciling “An Eye for an Eye” with “Turn the Other Cheek”
Pepperdine Law Review Volume 27 Issue 1 Article 4 12-15-1999 The Christian Executioner: Reconciling “An Eye for an Eye” with “Turn the Other Cheek” Jill Jones Follow this and additional works at: https://digitalcommons.pepperdine.edu/plr Part of the Criminal Law Commons, Judges Commons, and the Religion Law Commons Recommended Citation Jill Jones The Christian Executioner: Reconciling “An Eye for an Eye” with “Turn the Other Cheek”, 27 Pepp. L. Rev. Iss. 1 (2000) Available at: https://digitalcommons.pepperdine.edu/plr/vol27/iss1/4 This Comment is brought to you for free and open access by the Caruso School of Law at Pepperdine Digital Commons. It has been accepted for inclusion in Pepperdine Law Review by an authorized editor of Pepperdine Digital Commons. For more information, please contact [email protected], [email protected], [email protected]. The Christian Executioner: Reconciling "An Eye for an Eye" with "Turn the Other Cheek" God quit you in his mercy! Hear your sentence.... Touching our person seek we no revenge; But we our kingdom's safety must so tender, whose ruin you have sought, that to her laws we do deliver you. Get you therefore hence, poor miserable wretches, to your death: The taste whereof, God his mercy give you patience to endure, and true repentance of all your dear offences! Bear them hence. King Henry V, WILLLAM SHAKESPEARE, KING HENRY V act 2, sc. 2. I am going face to face with Jesus now. I love all of you very much. I will see you all when you get there. -
WJ&MM HS Study Guide.Pages
Where Justice and Mercy Meet: Catholic Opposition to the Death Penalty By David Matzko McCarthy, Trudy D. Conway, and Vicki Schieber, Editors Forward by Sister Helen Prejean, CSJ 6 SESSION/LESSON STUDY GUIDE SESSION 1: “The Death Penalty Today” [Text Chapters 1-3] AIM: To familiarize students with the reality of the death penalty today: how it works (or doesn’t), its application in the United States and around the world, and (in general terms) the U.S. legal/court system. Summary of the Readings: Chapter 1 “Facing the Truth” (pp. 3-15) Chapter 1 may be an uncomfortable piece for many to read. As explained by editors Vicki Schieber, Trudy D. Conway, and David Matzko McCarthy, “This opening chapter asks us to deal with what actually occurs in execution chambers across our country.” (p. 3) It challenges us to “face the realties of what American citizens ask prison officers to do in their [our] names.” (p. 3) Chapter 2 “Seeing Ourselves from an International Perspective” (pp. 16-30) Chapter 2 offers a broad overview of the current international response to the death penalty and its historical background. (p. 17) Students may be surprised (even shocked) to learn that the United States is the only Western democracy in the world to retain the death penalty, and joins with the likes of China, Iran, North Korea, and Yemen in executing more people than any other countries. As the editors note: “On the issue of capital punishment, our country seems to be inconsistent with its broader role in the world.” (p. 18) Chapter 3 “Trying to Get it Right” (pp. -
Parashat Mishpatim 5778
And These Are the Layers – Parashat Mishpatim 5778 Rabbi Michael Safra I’m not sure how good a story can be if I have to explain it first, but for this one it helps to know that the Shulkhan Arukh is a legal code from the 16th century, written by Rabbi Joseph Karo. In traditional circles, it was essentially the test for rabbinic ordination. It is divided into four sections – Orah Hayyim on rituals related to services and holidays; Yoreh Deah on ritual matters like Kashrut and tzedakkkah; Even Haezer on women and marriage; and Hoshen Mishpat on civil law. And it is printed like most rabbinic books, with the text occupying a small portion of the page and layers of interpretation all around. So it once happened that a young scholar approached the 18th-century Rabbi Barukh Frankel- Teomim and asked to be considered for ordination. The rabbi tested the young man and found his scholarship to be impeccable. He was baki, he knew well the complicated details of all four sections of the Shulkhan Arukh. Rabbi Frankel ordained him, and then he suggested: “Before you can be chosen as the rabbi of a community, you must first learn the fifth section of the Shulkhan Arukh.” “The fifth section?!?” The young scholar didn’t understand. “Everyone knows that there are only four sections of the Shulkhan Arukh.” “Yes,” the rabbi explained. “But for rabbis there is a fifth section that you must learn. And that is the etiquette of how to deal with people.” After some time, this young scholar, now the rabbi of a community, came back to Rabbi Frankel. -
Sterner Response Toward Rape in Line with Islamic Law: Special Reference to Pakistan
Indonesian Journal of Advocacy and Legal Services ISSN: 2686-Sterner2085 (Print) Response Toward ISSN: Rape in 2686 line -with2611(Online) Islamic Law Vol. 3 No. 1 (2021): 51-90 DOI: 10.15294/ijals.v3i1.45597 Submitted: 11 January 2021 Revised: 11 February 2021 Accepted:30 April 2021 Sterner Response Toward Rape in line with Islamic Law: Special Reference to Pakistan Shahzeb Shahid1* 1 Punjab University, Pakistan *Corresponding Email: [email protected] Abstract: This paper tends to examine the nature of rape crime under Islamic law in order to take sterner action against this crime in line with Islamic law. As the Holy Quran does not directly deal with rape crime, for this reason, there is a wide range of disagreement among jurists regarding the issue of rape crime. Rape is not a single dimension issue, therefore, this paper is meant to shed light on issues related to rape such as whether or not rape is a separate crime? When does sexual intercourse amount to rape? What does Islam prescribe punishment for a person who is coerced to commit rape? Does Islam permit abortion for raped women? Why marital rape does not exist in Islam? Whether rapist may be awarded punishment of lashes, Imprisonment or death as t‘azir or syasah? This paper finds out what Zina (fornication) is under Islamic law because in Islamic jurisprudence only coerced zina is regarded as rape. Thus, this paper is classifying rape in the same category as Zina. By classifying rape as a subset of Zina can only sort out the juridical issues that are emanating from coerced Zina. -
Is Diya a Form of Clemency?
\\jciprod01\productn\B\BIN\34-1\BIN104.txt unknown Seq: 1 15-FEB-16 10:53 IS DIYA A FORM OF CLEMENCY? Daniel Pascoe* INTRODUCTION ................................................... 150 R I. BACKGROUND ON DIYA ................................... 152 R A. Diya as a Pre-Islamic Tribal Tradition ................. 152 R B. Diya in Classical Islamic Law ......................... 154 R II. THE CONTEMPORARY PRACTICE OF DIYA ................. 157 R A. The Relevant Countries ................................ 157 R B. Trends in Modern Diya Practice ....................... 158 R III. DEFINING “CLEMENCY” AND “PARDON” GRANTS ......... 162 R A. Brief Background to the Clemency Power ............. 162 R B. Types of Clemency .................................... 163 R IV. VARIETIES OF DECISION-MAKERS BEHIND CLEMENCY OR PARDONS ................................................. 166 R V. DISCUSSION: DIFFERENCES AND SIMILARITIES ............. 167 R A. Differences between Diya and Clemency and Pardons . 167 R B. Similarities between Diya and Clemency and Pardons . 169 R CONCLUSION: IMPLICATIONS FOR HUMAN RIGHTS LAW AND SCHOLARLY DISCOURSE ................................... 176 R ABSTRACT Under Islamic Sharia Law, diya is the payment of “blood money” to compensate for death or injury caused by a serious offense against a person and to provide the perpetrator relief from retaliation in kind. The question of whether diya in a murder case constitutes a form of clemency or pardon — that is, a final non-judicial relief against a death sentence, commonly granted by the executive — is an important issue that has not been sufficiently addressed by scholars of Islamic Law or by scholars of capital punishment. In this Article, I argue that while diya may bear many conceptual similarities to clemency and pardon as understood in secular common law systems, diya should not be exclusively considered through this lens for the purposes of the interpretation of international human rights law and for the future * Assistant Professor, School of Law, City University of Hong Kong. -
Natural Law, the Lex Talionis, and the Power of the Sword
Liberty University Law Review Volume 2 Issue 3 Article 14 March 2008 Natural Law, the Lex Talionis, and the Power of the Sword David VanDrunen Follow this and additional works at: https://digitalcommons.liberty.edu/lu_law_review Recommended Citation VanDrunen, David (2008) "Natural Law, the Lex Talionis, and the Power of the Sword," Liberty University Law Review: Vol. 2 : Iss. 3 , Article 14. Available at: https://digitalcommons.liberty.edu/lu_law_review/vol2/iss3/14 This Article is brought to you for free and open access by the Liberty University School of Law at Scholars Crossing. It has been accepted for inclusion in Liberty University Law Review by an authorized editor of Scholars Crossing. For more information, please contact [email protected]. NATURAL LAW, THE LEX TALIONIS, AND THE POWER OF THE SWORD t David VanDrunen I. INTRODUCTION The idea of the lex talionis-aneye for an eye, a tooth for a tooth-seems to take us back to the murky origins of legal history, to the raw, primitive, and violent impulses of not-yet-fully civilized humanity. The idea evokes the specter of villages filled with one-eyed men consumed by the violent demands of honor cultures and tribal feuds. The lex talionis is easily dismissed as unworthy of humane civilization and especially of a legal order historically influenced by Christianity. Jesus himself revoked the lex talionis in his Sermon on the Mount and no longer would we imagine that maiming is a fitting way to resolve torts cases. Yet such a facile dismissal of the so-called law of retribution is both legally and theologically hasty.