NCJ Number
113746
Date Published
1988
Length
192 pages
Annotation
This text provides a conscise introduction to criminal procedure and punishment in Islamic law, or Shari'a, and its role in the 20th century.
Abstract
The history and spread of Islam are surveyed, with attention to its major divisions. The book then outlines the origins of Islamic law, its sources, and the various schools of jurisprudence -- Sunni, Kharijism, Murji'ism, Shi'a, and Sufism. While establishment of the Shari'a signified a progressive step in the development of legal practice, Islamic law still differs from common and civil codes due to its virtually unchangeable, religious nature. The text defines criminal acts and criminal responsibility in Islamic law, as well as procedures governing pretrial detention and interrogation, defense rights, search and seizure, rules of evidence, eyewitnesses, oaths, and confessions. A chapter on punishment covers the concept of punishment in pre-Islamic thought, justifications, and characteristics of Koranic punishment. After discussing the secularization of Islamic justice in the 19th and 20th centuries and the recent revival of Islamic laws in Iran and Pakistan, the book identifies issues that merit additional study. Footnotes, a glossary, and annotated bibliography, and an index.