The Islamic Criminal Justice System

Paper Summary:

This paper explains that, unlike other ?law-centered? societies, Islamic law is neither a remnant of history nor ancient origins revisited, but rather an intricate, multi-threaded cluster of thoughts and actions, which the Islamic persons shaped and customized as they opposed and accepted Euro-American colonial endeavors. The author points out that, in Islamic systems, religion plays a vital part so that these countries are categorized as theocratic states; whereas, the majority of English-speaking nations, such as the U.S., England, Australia, and New Zealand, are characterized by a tough antagonistic structure, wherein lawyers deduce, and judicial functionaries are compelled by example. The paper relates that Islamic law, called Shariah law, is all-pervading in governing a person in almost every aspect of daily life.

From the Paper:

"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."

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