Comparative Criminal Justice
Comparative Criminal Justice System
Criminal Law has and will continue to be a fluid and ever-changing aspect of humanity, and yet the distinctive base of religious belief is still a foundation for a variety of laws today. While the separation of church and state is in effect, history states a wide range of laws have been established based on religious beliefs and ideals, the Bible for one, and currently the Qur’an, which is the basis for Islamic Law. It is the only true form of law in the present time that is not backed by a Government because it is a form of law based completely on religion. The two primary sources of the Islamic Law stem from the Shari’s and the Sunnah, the Shari is the law defined by God, or Allah, and told directly to Gods’ prophet on Earth, Muhammad. The Sunnah, the second factor in Islamic Law deals with the issues not addressed in the Qur’an, yet is still in the word of the Prophet. “In a few Islamic countries, including Iran, Saudi Arabia, Pakistan, and Sudan, it is proclaimed as the basis for all law, including the harsh Islamic criminal law based on the ideal of retribution” (Fairchild & Dammer 2001 P. 61). Also stated in the text Comparative Criminal Justice Systems by Fairchild and Danner is the four distinct types of schools in the belief of Islamic Law:
“There are four major schools of Islamic Law, derived from religious leaders living in different areas and facing different problems in the two centuries following the death of Muhammad. These schools are Hanafi, Hanbali, Maliki, and Shafi’i. The main differences between these schools are in matters of emphasis, whether on tradition, judicial reasoning, or the elaboration of the Qur’an” (2001 P.62).
Therefore in the following paper the objective will be to describe the countries currently an Islamic Law, the key characteristics and the advantages and disadvantages that the system provides, furthermore, the paper will address one particular country and discuss the policies
Criminal Law has and will continue to be a fluid and ever-changing aspect of humanity, and yet the distinctive base of religious belief is still a foundation for a variety of laws today. While the separation of church and state is in effect, history states a wide range of laws have been established based on religious beliefs and ideals, the Bible for one, and currently the Qur’an, which is the basis for Islamic Law. It is the only true form of law in the present time that is not backed by a Government because it is a form of law based completely on religion. The two primary sources of the Islamic Law stem from the Shari’s and the Sunnah, the Shari is the law defined by God, or Allah, and told directly to Gods’ prophet on Earth, Muhammad. The Sunnah, the second factor in Islamic Law deals with the issues not addressed in the Qur’an, yet is still in the word of the Prophet. “In a few Islamic countries, including Iran, Saudi Arabia, Pakistan, and Sudan, it is proclaimed as the basis for all law, including the harsh Islamic criminal law based on the ideal of retribution” (Fairchild & Dammer 2001 P. 61). Also stated in the text Comparative Criminal Justice Systems by Fairchild and Danner is the four distinct types of schools in the belief of Islamic Law:
“There are four major schools of Islamic Law, derived from religious leaders living in different areas and facing different problems in the two centuries following the death of Muhammad. These schools are Hanafi, Hanbali, Maliki, and Shafi’i. The main differences between these schools are in matters of emphasis, whether on tradition, judicial reasoning, or the elaboration of the Qur’an” (2001 P.62).
Therefore in the following paper the objective will be to describe the countries currently an Islamic Law, the key characteristics and the advantages and disadvantages that the system provides, furthermore, the paper will address one particular country and discuss the policies
References: Dammer,Harry R. & Fairrchild, Erika. (2001). Comparative Criminal Justice Systems. (2nd Ed.) Wadsworth/Thomson. Lau, Martin. (2008). Islamic Law and the Afghan legal System. Retrieved on December 12, 2008 From: http://unpan1.un.org/intradoc/groups/public/documents/APCITY/UNPAN018244.pdf Reiber, Ney. (2008). Islamic Law, Shariah. Retrieved on December 12, 2008 from: http://www.bible.ca/islam/islam-kills-islamic-law-shariah.htm