Pursuing Justice- chapter 6
- Illinois State University
- Criminal Justice
- Criminal Justice 102
- Ralph Weisheit
- Pursuing Justice- chapter 6
Last Modified: 2011-07-12
Related Textbooks:Half the Sky: Turning Oppression into Opportunity for Women Worldwide
Related Textbooks:Pursuing Justice
- When and where was Islam formed?
- It can be traced to the city of Mecca, Arabia, where the word God was revealed to the prophet Muhammed in the early 600s A.D.
- What are the Shari’a and what does the term mean?
- The laws of Islam, and it means “the path to follow”
- Qur’an: Muslim holy book
- Sunnah: Customs sanctioned by Muhammad
- Consensus: Agreement among members of the Muslim community Analogical Reasoning: Applying existing rules to a new situation that is similar to an existing situation
- Under Islamic law who can be considered a victim?
- What are the three categories of crime under Islamic law?
- Hudad; offenses against God and the public good. Qur’an
- Quesas; offenses against individuals, either resulting in death or in serious physical harm. Qur’an and Sunnah
- Ta’zir; offenses that harm society or individuals but for which the punishments are not specified in the Qur’an or Sunnah. Religious authorities decide these offenses and a judge decides their corresponding punishments
- What offenses are considered Hudud offenses?
- Those for which the offense and the penalty are explicitly defined in the Qur’an
- How does the Islamic law approach to murder differ from that in common law or civil law traditions?
- The victims family may choose among death to the offender, financial compensation, or a complete pardon
- Killing of a female who has harmed the family name by having sex outside of marriage or by marrying a man unacceptable to the father or male guardian. It is considered a tribal custom, so it is technically illegal, but authorities choose to look the other way
- What is the purpose of punishment for ta’zir offenses?
- A strong sense of privacy, authorities must obtain a search warrant based on probable cause or they must obtain consent from the owner
- The accused is innocent until proven guilty
- The right to a fair and impartial trail, to present a defense, to have an attorney to assist in his defense, and to appear before a competent judge Everyone is treated equally, regardless of their income or if they are muslim or non-muslim
- What are some of the basic principles that guide Islamic law?
- All law ultimately flows from the Qur’an and the Sunnah and must be consistent with the teachings of Muhammad
- Although many passages in the Qur’an and Sunnah spell out offenses and punishments, these documents also emphasize compassion and forgiveness Under Islamic criminal law, when judges are allowed discretion in sentencing, they must give the greatest weight to punishments that consider the general public interest
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