CJUS 701 Islamic_Paper.docx.pdf

Scenario Research Paper 4

Islamic law is spread over many countries not just in one county. There are three

countries that use Islamic law today, Saudi Arabia, Iran, and Turkey. There are various types of

criminal justice systems throughout the world, to maintain law and order, but also to keep peace

within the jurisdictional areas thus creating a social code of conduct. The criminal justice

systems are different depending on the setting and where their legislation was drafted from. Each

country may have a different take on the Islamic law, but Saudi Arabia is primality built off of the

religious beliefs, the untied practices, and statutory law that is defeated using the democratic

process.

Whereas Iran is more of a pluralistic legal system, which is combination of Islamic

CASE

You are visiting Iran and not sure of their laws. You are a woman who normally does not

wear a “Hijab” and do not even know what that is to be honest. You arrive in Iran with a group of

friends being both male and female as well. Iran is a country with respecting Islamic rules

including “Hijab” and they do not like the opposite being around each other all the time. You do

not know this going into the country. You have heard stories of women being beating for heading

with the opposite sex and being beating for no “hijab”. You decide that until you can find a “hijab”

you will just go without. You do not know what will happen if caught but you take the chance

anyway. You and your group friends have been walking around all day, just sightseeing and getting

to know the land. You and friend get stopped and asked why you are hanging around those guys

and where your “hijab” is and you state that you do not have one, and those are around our

friends. The police give you a look and state well, its look down upon to be out herewith “hijab”

and with the opposite sex. You state what is wrong with hanging out with friends when you are

on vacation. The officers get mad and take you in for not following Islamic Law.

Islamic Law is distinct from the criminal justice system. Criminal law or civil law is defied by

the codification of common law that leads to legal procedures. Where Islamic Law does not have

a classification of law, it is an awareness of binding legal precedents. Iran’s government has

continued to engage in systematic, ongoing, and egregious violations of religious freedoms.

Whereas Saudi Arabia is a non-constitutional monarchy with no separate and formal constitution.

the supreme authority at least in Saudi Arabia's legal system. There is a source of pardon and a

explain justice and how it is pursed within the Islamic criminal justice system. There are five

essential things that all person has, "religion, life, mind, posterity, and property" (Terrill, 2016,

p.591). The second principle is to do with legality and the issue of crime and punishment. The

third principle is to address the non-retroactivity of criminal law and how it is associated with the

principle of legality.

There are different types of crime like one is Hudud. Hudud is a punishment that is

imposed for those who threaten the social order and security of community believers. The Hudud

offenses are theft, banditry, and rebellion against legitimate authority. Where the Quesas are the

offenses that are deemed violations against the rights of an individual. These offenses often are

homicide, assaults, and other physical offenses to an individual, these involve retribution and

extensive. The Shurta investigate the crimes in the Sharia that are punishable by a fixed penalty

or hudud and have corporal penalties imposed. They carry out the retaliatory sanctions of quesas

offenses, like the death penalty, and they were authorized to identify acts that are considered

was not always bound. This kind of procedural flexibility leads to an enhanced degree of

discretion among police to determine the right sanction at the time. The primary purpose of

Islamic law is the have deterrence rather than retribution. The punishments that hudud and

quesas crimes show if, for a deterrent, the goal of light is the fact of the issue of everything be

carried out in the public.

In Saudi Arabia, there are two types of police Kingdom. The civil and the public security

police, the religious police. The Public Security police are the national law enforcement

accountable by the Ministry of Interior. They are responsible for the typical law enforcement and

order maintenance that comes with society. The Public Security Police also directorate the

Mabahith or secret police, who are responsible for the domestic security and counterintelligence

the threat of cultural and moral decay.

Courts

Ali (1985) states that Saudi Arabia's legal system consists of three main parts, Sharia

courts, Board of grievances, and government committees. The Sharia courts are the largest

from Sunnah (Bagbi, 2009). Islamic law imposes serve punishments to repeat offenders or

serious crimes. Saudi Arabia is among other countries that apply Sharia laws. Islamic law

presumes a person is guilty until they are proven innocent.

There are serval courts in Iran with many different degrees of judicial responsibility. The

top court is the Supreme Court, "which has the proper implementation of the law by the courts of

the law creating a uniform and binding judicial precedent and carrying out the responsibilities

assigned to it by law" (Terrill, 2016, p. 658). The president appoints who is serves the five-year

term. The public courts are divided into civil and criminal. There are first and second level courts

deal with a variety of noncriminal offense. Frist level courts deal with property disputes and

punitive damages, where the second level courts deal with minor civil disputes. There is a

found harming another person, the victim now has the right to do the same thing to that person.

The status of women is another issue within the criminal justice system. Women have been

sentenced to death. The amputation of a hand or foot for a less serious offense, and flogging

people for offenses in some cases. These are not even considered punishments in other countries.

be by the hudud, queasa and tazir. Or those can be more physical punishments. Iran has had

issues with unusual punishments like throwing acid in the eyes of people to make them blind. In

Iran, the death penalty is used for crimes like murder, rape, drug trafficking, drug possession,

armed robbery, espionage, sodomy, adultery, and apostasy (Terrill, 2016, p. 663). There are times

when the victim will get compensation and if that does not have then it goes to a policy of an eye

for an eye or tooth for a tooth. The concern in Iran is the harsh sanctions that juveniles face like

the death penalty. Children only face this is they have reached puberty. The common way for

carrying out a death sentence is by hanging the offender.

Biblical View

"Now these are the rules that you shall set before them. When you buy a Hebrew slave,

to the evil of this world. "You have heard that it was said, 'An eye for an eye and a tooth for a

tooth.' But I say to you, Do not resist the evil one. But if anyone slaps you on the right cheek,

for foot" (Exodus 21:24, 2001, ESV).

"When Jesus had spoken these words, he went out with his disciples across the Kidron

Valley, where there was a garden, which he and his disciples entered. Now Judas, who betrayed

him, also knew the place, for Jesus often met there with his disciples. So Judas, having procured

a band of soldiers and some officers from the chief priests and the Pharisees, went there with

lanterns and torches and weapons. Then Jesus, knowing all that would happen to him, came

forward and said to them, "Whom do you seek?" They answered him, "Jesus of Nazareth." Jesus

said to them. "I am he." Judas. who betrayed him, was standing with them….." (John 18:1-40.

2001, ESV). God calls us to follow him and not stray from and give in to the sin of the world.

Conclusion

Human Rights Act and universal rights.

Islamic law and institutions are adversely subject to non-Muslims to discrimination. The

human rights and religious freedom conditions have regressed to a point that was not seen since

there need to be some changes to give women rights and children do not have to face such harsh

laws.

References

Alt

Ali, B. E. D. (1985). Islamic law and crime: The case of Saudi Arabia. International Journal of

Comparative and Applied Criminal Justice, 9(1-2), 45-57.

Babgi, A. (2009). Legal issues in end-of-life care: perspectives from Saudi Arabia and the United

States. American Journal of Hospice and Palliative Medicine®, 26(2), 119-127.

Dammer, H. R., & Albanese, J. S. (2013). Comparative criminal justice systems. Cengage

Unknown, A. (n.d.). Iran Judicial System. Retrieved from

http://www.nationsencyclopedia.com/Asia-and-Oceania/Iran-JUDICIAL-SYSTEM.html

The United States. (n.d.). United States Commission on International Religious Freedom.

Retrieved from http://www.uscirf.gov/government-relations/other-advocacy-

Case:

My cousin had won a trip to Saudi Arabia and invited me to go along with him. I didn’t accept at

first because I knew there were very strict laws there. Once I decided to go, I did a lot of

research on what we can and cannot do or at least I thought I did. We flew into the King Khalid

International Airport which is located in the capital city Riyadh, Saudi Arabia. I made sure I was

covered as much as I had to be and didn’t have any issues throughout the airport. The next day,

we decide to take a self-guided tour of the historical Riyadh area. We went and got our map and

clearly just taken off my shawl to wipe it down, I didn’t believe I would be in any sort of trouble.

When police arrived they informed me that I was breaking the law in regards to public decency.

They asked for all of my identification documents and informed me that I was not going to be