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NCJRS Abstract

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NCJ Number: 135675 Find in a Library
Title: Islamic Criminal Justice System -- Legislation and Application (From Resource Material Series No. 36, P 227-234, 1989 -- See NCJ-135660)
Author(s): H El-Sa'aty
Date Published: 1989
Page Count: 8
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders
Tokyo, Japan
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders
26-1 Harumi-Cho, Fuchu
Tokyo,
Japan

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Document: PDF
Type: Legislation/Policy Description
Language: English
Country: Japan
Annotation: Ethical doctrines in Islam are closely associated with the law, and the Islamic concept of justice in Saudi Arabia is based on fair dealing and equity.
Abstract: Islamic legislation in Saudi Arabia views meting out punishments for crimes as one of God's prerogatives to protect humanity from evil and to attain peace and security. Crimes are sanctioned by fixed punishments (adultery, defamation, alcohol use, theft, highway robbery, apostasy from Islam, and attempting a coup d'etat), by retaliation and blood money (premeditated murder, semipremeditated murder, murder by error, premeditated offense against human life short of murder, and offense by error against human life short of murder), and by discretionary punishments (crimes not previously mentioned). Islamic law is intended to deter and discourage crime, to punish the criminal, and to rehabilitate the criminal. Criminal responsibility is based on two principles: (1) punishment is a social necessity imposed to protect society and safeguard public interests and (2) punishment is inflicted on persons who are sane and able to discern and exercise their own free will. Islamic law emphasizes crime prevention which can be achieved through moral education and upbringing. With regard to evidence, any testimony not given within a prescribed time period is considered null and void. Islamic courts are independent, and judicial selection is based on high standards, capability, and loyalty. There are courts to handle criminal matters as well as courts of summary jurisdiction, courts of first instance, courts of appeal, and a supreme court. In Saudi Arabia, the accused is innocent until proven guilty.
Main Term(s): Foreign criminal justice systems; Islamic law
Index Term(s): Criminal responsibility; Foreign courts; Punishment; Rules of evidence; Saudi Arabia
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=135675

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