Impact of Islamic Ethics in Criminal Justice and Peace-making (67784)

Session Information: Ethics
Session Chair: David Matas

Saturday, 1 April 2023 14:30
Session: Session 3
Room: Room 708
Presentation Type:Oral Presentation

All presentation times are UTC + 9 (Asia/Tokyo)

Islamic law does not set forth any detailed system of criminal justice procedures, and there is no mandate in any source of Islamic Law emphasizing the existence of an investigation and prosecution stages in the Islamic criminal justice system. The historical precedents do not indicate clearly that the stage of criminal investigation was available in solving criminal cases. Methods of the criminal justice administration in Islam are a matter of politics and not of sharia. Consequently, Islamic countries have the right to organize and maintain criminal procedural systems congruent with the particular circumstances of time and place. Therefore, Islamic criminal justice system functions, component and procedures are almost similar to the contemporary criminal justice system. Islamic countries have adopted criminal justice systems following rules and guidelines adopted by the United Nations. This paper attempts to highlight Islamic justice theory, system, rules and values governing evidence and proof through three chapters: 1. Islamic criminal Justice 2. Islamic criminal justice system 3. Sharia Rules and values governing evidence and proof. 4. Impact of Islamic values on criminal justice Such rules and Islamic values governing evidence and proof may be a point of critical debate for contemporary criminal justice scholars, because each type of crime in Islamic law requires certain amount of proof. There are three categories of crimes defined by Sharia, known as Hudood, Quissas and Taazir. Evidence in Islamic criminal justice system is of seven types: 1. Testimony (Shahada) 2. Confession (iqurrar) 3. Circumstantial evidence (Qarina) 4. Oath by 50

Mohamed Elamin Elnasri, E mirates Academy for Identity & Citizenship, United Arab Emirates

About the Presenter(s)
Professor Mohamed Elamin ELNASRI is a University Professor/Principal Lecturer at E mirates Academy for Identity & Citizenship, Abu Dhabi, UAE in United Arab Emirates

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Posted by Clive Staples Lewis

Last updated: 2023-02-23 23:45:00