A society needs a justice system to prevail discipline such that people should follow it and hence rules and regulations are to be implemented accordingly. Implementation of rules and justice is not something adapted by communities from their own will but it has to be implemented by the state forcefully, or else the system might collapse and the week would surrender to the unjust of the powerful lot of the society. Without the law establishment, every individual would need to uphold the laws around them. This, obviously, raises numerous issues, for example, contrasting understandings of laws, individual predispositions, settling on enthusiastic choices and the physically powerless being defenseless against the powerful groups of the society.
This has been a piece of the development of society as individuals unite as one for security from outlaws and alternate advantages of human progress a framework was expected to the powers, every individual to ensure that everything is genuinely taken care of. In the absence of law and justice we have a circumstance while law implementation is sorted out and very much prepared constrain with the objective of securing every human being similarly under the umbrella of the same law. Such that we can see that there are different kinds of laws and systems that exist around the world, some of them are created according to the culture of the present society or some societies follow their traditional laws which might be implemented by their religion. Such is the case of Muslims who follow their Islamic law which might have a lot of different protocols and law prevailing codes than the common laws that are implemented by states. Even amongst a lot of Muslim states, it is not important that they follow their Islamic law. Considering several examples, like in the middle east, Muslim countries follow their state law which in their case might be derived from Islamic law. (Mumisa, Michael)
In many Islamic states which still practice the execution of people in certain situations, this practice has become a myth. According to the scholars and law enforcement institutes do claim that death penalty is not a compulsory action that needs to be taken in certain situations.
The confusions about Sharia law is the conviction that there is a reasonable and doubtful proclamation of what the disciplines are for specific offenses. Actually, there are a few distinct sources alluding to the consequences, also, unique schools of Sharia law give distinctive identity to these claims in the light of a certain situation. Islamic laws states discipline for various offenses that may result int he punishment of death penalty and the diverse perspectives about every, demonstrating that Sharia law does not expressly constrain Muslim states to apply capital punishment. It looks at the acts and sometimes punishments like prison prerequisites that are implied in the situation of death penalty under Islamic law, though they can be confined to certain situations but to the point that they make it practically inconceivable to force such a discipline. (Mumisa, Michael)
In the understanding of moderate thinkers who have a connection with Islamic law, they do believe in going to the root cause of the situation that causes someone to perform such acts. Basically they drive this practice from their Islamic leaders in the early centuries. Thus, according to moderate thinkers and scholars, death penalty might not be the punishment to the offenses that are conducted by an individual, which are applicable in the surroundings where Islamic law is imposed. Saying that, there is this restriction where the laws can be implied and where it has to be handled from the common law because certain people of different nationalities might not come under the implications of Islamic law but they might be residing in their territory. Sometimes foreigners do live in certain places where laws are not applicable on them and they can demand immunity from that law. Islamic law is accepted to cover all parts of a Muslim’s life.
For Muslims, it is the ‘celestial direction’ which, among different things, envelops the ethical code and religious law of Islam. Sharia oversees numerous territories of a Muslim’s conduct, including those identifying with wrongdoing, governmental issues, charges, legacy, marriage, separate, cleanliness, abstain from food, supplication, fasting and journey. It can be portrayed as a framework which is intended to guide how Muslims act in society and their interrelationship with those inside the Muslim confidence and those outside of it. (Mumisa, Michael)
Most of the Islamic law is perceived from the teachings of Quran and the words and activities of their Prophet Muhammad. Though Islamic law depends on situations, for example, equity and process, the universal group for the most part comprehends Islamic law to be an absurd and irrelevant way of providing justice, portrayed by severe disciplines and shameless treatment of litigants and the individuals who are indicted. Large portions of these impressions depend on generally advanced occasions in nations that have embraced Islamic law as a reason for their wrong doings law frameworks, for example, a woman in Nigeria was punished for adultery, who faced death penalty. (Peiffer, Elizabeth)
Basically, the Sariah law is directly based on the core principles of Islam and it practices which are decided upon the consent of Islamic jurists, including the significance of death penalty under certain circumstances. Muslims, paying little respect to their concepts accepts, have continuously trusted Quran was not some established book available as a whole content, yet that Quran was revealed in parts in the form of verses and was uncovered with regards to specific issues or events more than twenty-three years of the lifetime of Prophet Muhammad. This, it is accepted, was on account of the Quran came to answer and unravel the strong issues of an always showing the signs of change society. The evidences of Islamic law for every class of wrongdoing fluctuate regularly, various sect differences of law must be consolidated to finish the meaning of a given wrongdoing, recognize its components and build up its basic prerequisites. The schools who varies in sects have different way contrast as to a portion of the components of the violations contained in these classifications and there believes prerequisites, making their concentrate all the more difficult. Considering the fact that Islam does consist of a lot of sects and their leaders have different ways to deal with different types of wrong doings. Considering that even the punishment of death penalty varies accordingly, their fore one cannot say that theirs a particular way of dealing with any certain punishment. (Peiffer, Elizabeth)
As for considering the common law of United States penalty of death is viewed in a different way. Considering the opinion of Warden Rob, The burden of capital punishment for the wrongdoing of murder has a long history of acknowledgment both in the States and around Europe. The precedent-based law run the show forced a compulsory capital punishment on all indicted killers. What’s more, the punishment kept on being utilized by the mid twentieth century by most American States, despite the fact that the broadness of the precedent-based law control was lessened, at first by narrowing the class of homicides to be rebuffed by death and consequently by across the board selection of laws explicitly allowing juries the attentiveness to suggest kindness. The vast majority of the state laws in regards to capital punishment took after the lead of the supreme Court in endeavoring to restrain, however not take out, the attentiveness of a jury by unmistakably posting the sorts of killings which would give rise to a capital indictment. An ordinary illustration is the statutory plan in the Condition of Indiana. There, capital punishment is accessible for murder just if the indictment can demonstrate the presence of no less than one of the ‘exasperating conditions’ forced by the state lawmaking body. On the off chance that the respondent was sentenced to death at trial and a second technique takes after to decide the punishment. (Warden, Rob)
Considering situations around the world where common law is practiced, it can be observed that there are different ways of finding someone guilty to death penalty. It depends on the consequences and the situation, how the jury decides. Thus, it is up to the law makers and practitioners of law such as advocates that how well they defend or prosecutes the case and seeing all this, the jury of 12 people in the court is to decide whether the person is a convicted felon or not. Even in death penalties, in common law there are different types. It might be the case whether the person should serve sometime in the prison cell, or he must be immediately sentenced to death, depending on the situation. Be that as it may, arranging the states as homogeneous promoters of law followers, does not precisely represent the structure of politics and justice of the country.
Inside the limitations of confinement characterized by the Constitution, every State applies its own particular criminal law, and the national government is intrinsically banned from requiring the administrations of the States in applying the law which may include other punishments and death penalty in certain cases. Numerous observers in the States, have analyzed criminal equity framework have remarked on the extreme cases by giving well equipped legal advisors in genuine cases. There have been various cases archived of legal advisors with overpowering caseloads, legal advisors who were totally caught off guard for trial, and legal advisors who had no or inadequate involvement in taking care of complex matters. In capital cases particularly, the worries have been exceptional, with various cases at last being toppled because of the gross inadequacy of protection legal advisors designated to speak to poor respondents. (Warden, Rob)
Considering the Seven different Hadud offenses that Islam emphasizes upon are merely the main and core things that are considered to be the most important. Illegal affairs against the commandments of Islam and the orders of God, in correctional framework are called Hudud. Hudud wrongdoings are infringement of “normal law” as deciphered inside the particular societies of the Islamic State. Hudud wrongdoings as infringement of God’s rights must legitimacy divine disappointment. Revelation of war against an Islamic state is deciphered as making war against Allah and his delivery person. This is unmistakably expressed in the Holy book of Muslims, Quran. The main reward of the individuals who make war upon Allah and his detachment and make progress toward defilement in the land will be that they will be murdered or executed. The Seven offenses that Islam declares as the most punishable acts are as Murder, Apostasy from Islam – making war upon Allah and his messengers, Theft, Adultery, Defamation – false accusation of adultery or fornication, Robbery, Alcohol-drinking. (Okon, Etim E)
It is additionally an express and unequivocal educating for humankind and accordingly, ties the Muslims, its uncountable activates ads up to a greater sin. It calls people to the life of excellence, ethical quality, lawfulness. In various states where Islam is polished, the Syariah Criminal Establishment of Kelantan and the Syariah Criminal Authorization of Terengganu, permits the use of hudud laws in specific conditions of Malaysia. Considering one of the biggest sins in Hadud offenses, adultery, accordingly it makes impossible for the people who are involved in this act to be left without any punishment and yet as it’s a part of the seven basic Hadud offenses, Islam does punishes the actor who is involved in this. (Ali Ali Mohamed, Ashgar)
In our society the most common offenses that takes place massively, Rape, Robbery, Murder, parents under the influence of Alcohol mistreating their children and many others. As for the mentioned crimes, Rape is one of the biggest offence in states that is happening in huge ratio and comparing that the Sharia law does abide the consequences of someone involved in such activities. Though it might not result into death penalty but there are other punishments, which was decided by the jury of Islamic leaders and hence it was mentioned in the Quran. Certain other crimes that are mentioned in the Holy book of Quran also mention the punishments and have categorized the offenses in certain categories, such that the person who is about to commit such a crime should know what he would be convicted of, if he is found guilty. Certain examples of these categories “Had crimes” in which all the serious matters are dealt. Crimes such as adultery, rape, and one of the biggest offenses in Islam which is Shirk, assuming someone in parallel to God. Certain offenses do come under the category of “Had Crimes”.
Another type is “Tazir Crimes” in which all the crimes of least concerned are dealt like robbery, misbehavior etc and the “Qiyas crimes” are the one in which revenge type crimes are dealt with such as if someone has injured someone or killed some ones relative. A few journalists in the broad communications have scrutinized the prospect of revenge as brutal. They named the practice as undemocratic and harsh. Qiyas violations are based upon the criminal exercises presumption of revenge. The idea of retaliation was found in the primary statutory which is clearly mentioned in the Code of Hammurabi and in the law “tit for tat.” Though Muslims do believe that yet it is ideal to pardon. (Ali Ali Mohamed, Ashgar)
The prominence of any human being can be judged and based on his religion unless we are comparing the humans on the material bases. Religion is the only thing in this world that can become any person’s identity and for that we should have known in which religion we rely ourselves and what do we believe in it? In order to completely understand which religion is better than the other we had to go for a deep comparison between the two most basic and prominent religions of the world which are Islam and Christianism and the rules which every religion is following especially in the field of justice. There are many limitations in Islamic law system as compared to the United States law system. The American judicial establishment is grounded on antimonarchism traditional tolerance and federalism. While the U.S law allows you to exercise any religious conviction given that it is non-violent. (Edwards, Tito)
The Islamic judiciary law follows the Sharia which had its strong base depending on laws being implemented for a long history. The Prophet Muhammad SAW is the person who can be considered as the source of knowledge about all the justice laws being governed even now in the Muslim countries and wherever the Muslim community is resident, the Islamic laws had been followed but when it comes to judiciary system then it may depend on the country where the person is living. The Sharia law is the core ingredient of Islamic Judiciary made by Allah system where all aspects of Islam must have to be followed while in American judiciary system all the rules and regulation have been made by the normal human beings like advocates and judges. For example, in Islamic Judiciary System, the women have been given half place as considered to men when it comes to give testimony in any justice purpose.
While they had an equal right in American judiciary system. Another basic and most important difference is in the division of property from the parents where women hold half the share in assets as compared to his male sibling. In Islamic law system, if a man doesn’t want to live with her wife then he can divorce her in no time by just saying the words (Talak) three times but if women doesn’t want to live with her husband then she had to take a judiciary procedure known as “Khula” while in American system its quite a lawful procedure where women got equal rights for deciding. Also there is not concept of money given after divorce to women from their husbands if they are separated. In Islamic law system, a non-Muslim person cannot give witness in Sharia court, not even on his own behalf. There is no such thing in the U.S law system to pay tax if you are Muslim. Recently, on June 26, 2015, a rule was passed for same sex marriage by the U.S government while two cannot be married as per Islamic rules and regulations. (“Commonly Requested U.S. Laws And Regulations | Usagov”)
In Islamic states there is a rule by following which all the Christians and Jews have to pay the non-Muslim tax known as “Jizya” for being eligible to have dhimmi status and keep performing their religious acts and not become Muslim. And when it comes to insurance circumstances (blood money), the Jewish community and Christian men have lower value (half) than a Muslim man. When it comes to a theft, then in Islamic justice and law system the arm or hand of the thief must cut down as this tradition had been coming from the starting of Islamic religion. But in today’s world the Islamic countries had been imposing another system in which the thief had to return all the items or money equivalent for it and goes to prison. At this point, the Islamic and U.S law coordinates with each other to some extent. There are some cases where both law seems straight forward and coherent such as the case where oral testimony and an oath is considered the most promising confession of any person in the Islamic constitution of Law and judiciary. In a Sharia court, written proof is only allowable with the confirmations of numerous, witnesses believed dependable by the judge. (Edwards, Tito)
To conclude the discussion, one can say that the current state of the Islamic laws and regulations are characterized majorly due to stereotypical assumptions of Radical Muslims. Media has played a huge role in shaping perspectives of people as they wanted by taking critical views of a few radicalistic Muslims into accord and spread them as opinions of Muslims at large. This is entirely unjust on part of all Muslims and has molded their image as terrorist and slaves of intolerant religion. However, researchers have established that fixed punishment for all corruptions and law breakings are basis of Islamic Shar’iah. Researchers and writers also infer that Islamic juries are devoid of freedom of choice in their verdicts of perpetrators in the Shar’iah Court System. But, studies show there are 4 Hadd misconducts that do have permanent penalties (as prescribed in the Qur’an), however, all Hadd crimes are not fixated to get a punishment as a compulsion.
While Islamic Law is entirely variated from English Common Law or the European Civil Law customs however, the aim of both remains to ensure justice and wellbeing of people. Muslims, by their religion are to explicitly follow the lessons and code of conduct prescribed by the last Prophet Mohammad, the every same interpretation of which is given by Allah in the Qur’an. Muslims are to abide by the Shar’iah Law at all sorts of verdicts in their life, but non-Muslims are not restricted to follow the customary (orders from Allah). However, Muslims and non-Muslims are both to live is a harmonious way where they have to abide by regulations legislated by the various forms of government such as tax commandments, traffic rules, crimes of business, and theft etc. to create an atmosphere for peace and prosperity regardless of any disparities. (Wiechman, Denis J. et al.)
References
“Commonly Requested U.S. Laws And Regulations | Usagov”. Usa.Gov, 2016, https://www.usa.gov/laws-and-regulations.
Ali Ali Mohamed, Ashgar. “Implementation Of Hudud (Or Limits Ordained By Allah For Serious Crimes) In Malaysia”. Ijhssnet.Com, 2012, http://www.ijhssnet.com/journals/Vol_2_No_3_February_2012/32.pdf.
Edwards, Tito. “Sharia Law And The U.S. Constitution – The American Catholic”. The-American-Catholic.Com, 2010, http://the-american-catholic.com/2010/06/25/sharia-law-and-the-u-s-constitution/.
Mumisa, Michael. “Sharia Law And The Death Penalty Would Abolition Of The Death Penalty Be Unfaithful To The Message Of Islam?”. https://www.penalreform.org/wp-content/uploads/2015/07/Sharia-law-and-the-death-penalty.pdf.
Okon, Etim E. “Hudud punishments in Islamic criminal law.” European Scientific Journal 10.14 (2014).
Peiffer, Elizabeth. “The Death Penalty In Traditional Islamic Law And As Interpreted In Saudi Arabia And Nigeria”. Scholarship.Law.Wm.Edu, 2005, http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1132&context=wmjowl.
Warden, Rob. “Reflections On Capital Punishment”. Scholarlycommons.Law.Northwestern.Edu, 2009, http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1040&context=njlsp.
Wiechman, Denis J. et al. “Islamic Law: Myths And Realities”. Muslimcanada.Org, http://muslimcanada.org/Islam_myths.htm.
