SCENARIO PAPER: ISLAM 1
Scenario Paper: Islam’s Criminal Justice System
Coral E. Flores Tolentino
Liberty University
CJUS 701: Comparative Criminal Justice
March 31, 2024
Abstract
SCENARIO PAPER: ISLAM 2
Different than other laws due to its religious affiliation, Islamic law is a strict religious structure.
Islamic law is based on the teachings of Mohammad and the teachings are written in the Quran.
In Islam, Muslims must view the Quran as the holy book, the book that tells them how to live
their lives. Right from wrong. While the western hemisphere regards the teachings of Islam as
extremist, that is not the case for every nation that partakes in Islamic law, although there are
things that they deem non-negotiable when it comes to behavior, etc. Islamic law is not centered
within one nation, it is practiced within multiple countries in the middle eastern. After 9/11, an
anti-Muslim attitude surfaced which caused a lot of prejudice and a strain in the relationship
between the western countries and those in which Muslims are the majority.
Scenario Paper: Islamic Law Criminal Justice System
SCENARIO PAPER: ISLAM 3
Different than other laws due to its religious affiliation, Islamic law is a strict religious
structure. Islamic law is based on the teachings of Mohammad and the teachings are written in
the Quran. In Islam, Muslims must view the Quran as the holy book, this book is sacred and it
questions the things written in other books, even books that support Islam law, the Quran
supersedes it (Purkon, 2022). Muslims also follow other principles outside of the Quran, these
principles that are taught by the prophet Mohammad and Muslims use them as guidance. The
two main categories that are used to describe the types of teaching in the Quran are haram and
the al-nahy (Purkon, 2022). The haram is regarded as the guidance’s from Allah and al-nahy is
the list of forbidden items. The Sharia serves as the legal aspect of the Islamic law.
Muslims support the idea of the adopting Sharia as their legal precedent; however, it is
very vague in nature. This was stated in a survey by Bell performed in 2013. There are different
groups in different areas that support Islam and their teachings. One example is the Moro Islamic
Liberation Front (MILF) which is in Mindanao, Philippines. This is a group of rebels that aims to
gain autonomy for Muslims in the Philippines (Podder, 2012). Even though this group is
supported in the Philippines, it has been noted that this group has had ties to terrorist groups to
include Al-Qaeda. As most people know, Al-Qaeda has caused major chaos around the globe
with their extremist views. The association between the Moro Islamic Liberation Front and the
Al-Qaeda is unfounded but it does not make for a good relationship between the United States
and countries that follow Islamic law because of the stereotype that groups like Al-Qaeda have
made easy to believe about Muslims and their beliefs. However, the MILF has brought autonomy
to their area of focus because they call for civilian support as part of their religious efforts.
SCENARIO PAPER: ISLAM 4
Saudi Arabia, Turkey and Iran are known for practicing Islamic law (Terrill, 2016). These
countries have a strong Muslim presence and are regarded in that way culturally in the middle
east. While these counties all hold strong Muslim values as their dominant religious law, they
differ in their economic and political power as well as their influence on the global market.
Islamic law is does not pertain or belong to one single nation, due to this it is important to
understand how the economy of different relations is affected due to its affiliation with Islamic
law. As stated before, the Muslim community is highly stereotyped, so countries that have a high
population of Muslim are sometimes disregarded by countries that view them negatively thus
impacting their trade relationships and abilities (Moustafa & Sachs, 2018).
Muslims have long been blamed with the terroristic attack that occurred on September
11, 2001, due to this the relationship between the United States and Muslims has been
controversial and negative. This event did not only change the relationship between the United
States and Muslim states, but it caused other countries around the globe to look at them
negatively as well due to this particular occurrence. After this, there was an increase in terroristic
attacks and those were claimed to have been performed under the guidance of Islamic Law
(Shaltut, 2013). Due to the negative connotations that these stereotypes have brought upon
Islamic traditions and many of the things associated with them, it has caused a strain between
those countries and the ones in the West, especially the United States. The stereotypes placed
upon them have caused Americans to view Muslims negatively. Due to Islamic law being more
commonly practiced in countries like Saudi Arabia, Iran, and Turkey (Terrill, 2016), there is a
similar view towards those nations and their relationship between them and the United States.
Iran and the United States have had a bad relationship for decades and their correlation to Al-
SCENARIO PAPER: ISLAM 5
Qaeda has not made those relationships any better. The relationship between certain Middle
Eastern countries and the United States is filled with conflict.
There are some key beliefs in Islamic law. Islamic law states that humas are only able to
carry out the rules that are listed in the Quran and they claim that Allah has sole authority to
justify, forbid and create laws that humans must follow. However, there are things that the Quran
does not address, which can have an effect on how Muslims practice Islamic law. The Sharia is
used as the legal foundation for Islamic law, but it is not considered to be one all be all due to
their culture shifts throughout time. Fiqh is an interpretation of justice which can be used when
Sharia fails to provide those guidelines, this is important in understanding how Islamic law
influences the criminal justice system of the nations that still practice it.
Islamic law falls under religious practice as it used the Quran to teach the sermons of the
prophet named Mohammad. There are other religions that follow the same premise of also being
the basis of their law system. Much like Roman law, Islamic law is jurist law and was not a result
of case law or a legislation like most law systems work. Both built their foundation on jurists
who rely on sacred texts, the Sharia, to govern themselves (Sabuj, 2021). There is no real set of
laws like in most western countries that have a well-established criminal justice system and its
laws have specific guidelines to follow and if not followed there are specific repercussions for
the breaking of those laws. In Islam, they follow rules based on their holy text. Sharia is based on
the Quran and the Sunna. Islamic law is not bound by geographical boundaries as are the laws of
the western countries. Each country in the west has its own set of original rules and laws in place
based on the needs of their area. However, some laws are similar among these countries due to
the similarities in governmental structures and their strong allegiance to withholding
democracies in which law and religion are separated. The Sharia states that Islamic law applies
SCENARIO PAPER: ISLAM 6
to any and all people regardless of their nationality or location (Allam, 2016). In western
countries, their law is the only authoritative power, whereas in Islamic law it is believed to be the
written word of Allah’s will be based on the teachings of Mohammad. Islamic law states that
mankind has no ability to create or change the law but can only carry out what is written in the
Sharia as part of their duties to uphold the law. This differs tremendously from the point of
Christianity as the bible states that God gave humanity the gift of choosing and it also stated that
the law of the land must be followed as well.
Islamic law is limited to family law in most countries in which there is a Muslim majority
and Islamic law is still practiced (Moustafa et al., 2018). In these countries, Islamic law is rarely
involved in criminal or constitutional matters. As previously stated, since it is not bound by
geographical location but rather by the basis of religion, how much of this law influences the
government and the criminal justice system of these nations is up to the local governments that
have precedence over the law. Islamic law can only be practiced in an arena where the
governments in these nations allow it to flourish. The nations that choose to follow this law are
rooted in the dated religious practices that Islamic law portray (Moustafa et al., 2018). The Quran
is the word of Allah, which was revealed to Mohammad, the prophet. The Sunnah also depicts
the teachings of Mohammad. The Sharia which translates to “God’s way” is the third layer of the
Islamic legal tradition system. In order for Islamic law to work it must have followers that accept
to operate within it on a religious and legal basis (Moustafa et al., 2018). However, there have
been many political and moral changes in these “Islamic states” which have made it difficult for
the Sharia to fully exist and be used in the modern state (Hallaq, 20214).
While visiting Saudi Arabia, for this scenario, I, a Muslim who practices Islamic law, was
found out to be committing the crime of homosexuality which is a huge no in Islamic law. Under
SCENARIO PAPER: ISLAM 7
the Sharia, same-sex relationships are strictly prohibited, and this is a crime that is punishable by
death. Homosexuality is wrong for both male and female offenders and both can be subjected to
the death penalty if they are found to be partaking in same-sex activities. Under Sharia law, the
death penalty is accepted but in recent events many have believed that the death penalty is too
harsh and have resulted to imprisonment and fines in lieu of the death penalty but this has only
been in the case in some of the Islamic law practicing countries, not all (Afshari, 2016). Every
Islamic law practicing nation will interpret the law as they see fit, so different countries may
have different outcomes in their punishment. Unbeknown to me, Saudi Arabia had five
executions regarding males who were found guilty of partaking in same-sex relations back in
2019 (Kabir et al., 2021). Due to this information, I became increasingly worried of what the
future held for me as it seems that I may be looking at death due to my sexual orientation. The
Sharia has been regarded as a set of laws with very traditional beginnings, thus women receive
stricter standards than their men counterparts. The Sharia is used to influence the government to
control women and place hard expectations on them (Pirmasari, 2021). They get to control their
appearance, how and when they may leave the house and overall, their behavior and place within
the family and overall societal system.
Since Saudi Arabia still holds true to the Sharia, I will be subjected to an unconventional
law system. I was confronted about my relationship with another woman, pictures within my
social media accounts were printed and presented to me. During this time, eyewitnesses were
also brought to speak about what they saw. Due to the pictures and the words of some peers,
Muslim leaders had enough to convict me of homosexuality. Unlike in traditional criminal justice
systems, like the one the United States has, there was no jury, there was no true judge, and I did
not receive a fair trial. I also had no rights in this scenario, and I was not allowed to really defend
SCENARIO PAPER: ISLAM 8
myself. The witnesses and the pictures were enough, and this process eliminated many steps that
would have otherwise been used in a western country where I would’ve been detained,
questioned, tried, and then sentenced. However, this incident is not a crime in most western
countries as it is legal to partake in those types of relationships, especially in the United States.
Due to the religious nature of their laws, Muslims disregard many of the professional articles and
journals regarding and supporting homosexuality and its normalcy; this is ignored by Muslim
leaders (Jahangir et al., 2016). Some Muslim leaders have associated homosexuality as an
illness, often as a mental health issue which may require aversion therapy (Jahangir et al., 2016).
In the holy texts, there are two types of crimes or umbrellas in which these crimes fall
under, hudud and quesas (Terrill, 2016). Hudud crimes are listed in the Sharia, these crimes are
followed by a punishment and these offenses are listed in their holy texts along with the
appropriate punishment thus they do not require a judge. This avoids judicial discretion which
could contradict what the holy texts state and Muslims believe in these texts to an extreme.
Quesas violate an individual’s rights (Terrill, 2016). Unfortunately for me, homosexuality falls
under a hudud offense because it is an act that is viewed as a threat to the structure of a
traditional family. Other offenses that fall in line with homosexuality are adultery and
fornication. Muslims, extreme conservative Muslims will follow their law and, in this case, did
sentence me to death because homosexuality is resolved with capital punishment, it is the had
punishment.
Homosexuality, according to the Quran, would be an offense against God, and therefore
would be an act against the public interest and the state would take criminal action (Terrill,
2016). My experience through the Islamic law criminal justice system was unjust in the eyes of
modern criminal justice systems. My personal life does not do any harm to those around me, and
SCENARIO PAPER: ISLAM 9
I do not bring any bad in engaging in a same-sex relationship. However, Muslims do believe in
honor and how behavior can affect the overall look of a family. The Sharia does not specifically
outline what criminal, investigative, or prosecutorial stages should look like, it just states that
justice must be done in the name of their beliefs and whatever is written in that text (Terrill,
2016). I was guilty the moment I was accused, and I was sentenced to death as soon as they saw
pictures in which I was too close to another female. My offense is deemed to be so offensive
towards their religious practices that instead of kicking me out of the country, they rather I die
over this. Terrill states that, the Quran preaches against unlawful searches and seizures,
contemporary law by modern governments allows for agents of the state to perform a search and
seizure if it is believed to help them determine the truth in a criminal case (Terrill, 2016).
Similarly, Islamic law allows individuals under interrogation to remain silent, to confess their
guilty, or to question the legitimacy of the evidence presented against them (Terrill, 2016).
During the trial phase, defendants are protected by rights that provide them counsel as they
experience a public trial. However, there are no attorneys, so there is no one helping me
represent myself, so that I may have the best opportunity to explain myself and remove myself
from such a horrible situation. Instead of attorneys there are agents of the state that act on behalf
of the Sharia to obtain the truth of the case. There are judges when it comes to cultural law based
on their customs but in my case, there was no need.
I was brought in for questioning when a picture of my same-sex relationship was
uploaded to my social media. There was undeniable evidence in my case, so I was interrogated,
and I was not able to deny the evidence put before me. I was given two options, I had to remain
silent or admit my guilt with the hopes of them having mercy on me. I admitted guilt, however,
that was not in my favor regardless of my attempt to ask for mercy due to the severity of my
SCENARIO PAPER: ISLAM
10
crime. I was not put to death immediately; I was sent to a correctional facility in which I had a
horrible time. Their prisons are barbaric and are nothing like what is seen out west. I lived in less
than deplorable conditions. They have a very eye for an eye type of criminal justice system.
Thieves would have a hand cut, etc. However, my crime was punishable by death which was to
be carried out in a stoning manner.
Islamic law comes across as inhumane. The death penalty is not only used in Islam, but it
is also part of the United States’ criminal justice system as a possible punishment for certain
crimes, but it is only applicable in certain states, and it is done with lethal injection to make it
less barbaric and less painful. Stoning a human is incredibly cruel as they would feel every single
stone and it would be a long ordeal until that person perishes. The United States is against “cruel
and unusual” punishment thus not partaking in the stoning practice. The electric chair was a
method of execution for many years, but this was also deemed cruel after several failed attempts
where the individual actually survived the electrocution, and this of course is extremely painful.
Islamic law could be commended for its belief of prioritizing the truth and limited the power of
humans since too much power in the wrong hands can be detrimental to society. However, the
United States Constitution has a checks and balances system so there is no one branch that is
more powerful than the other.
Christianity also has its view on homosexuality, and it even mentions it in the bible a few
times. However, due to the separation of religion and law, here in the United States, that sin
cannot be persecuted as a crime. In Leviticus 18:22, the bible states that homosexuality is a sin.
In Leviticus 20:13, it states that it is an abomination to lie with another man as one would with a
woman. Additionally, 1 Corinthians 6:9-10 lists homosexuality as a sin that will prevent someone
from entering the kingdom of God. However, Christianity preaches of a merciful God, one that
SCENARIO PAPER: ISLAM
11
saves and forgives, one that reminds us that we are not judge others as each person will have
their own day of judgement. James 2:13 reads, “for judgement is without mercy to one who has
shown no mercy. Mercy triumphs over judgement.” Matthew 5:7 reads, “blessed are the
merciful, for they shall receive mercy.” There is a lot of debate over homosexuality because the
bible also states we were made in his image, it also states that God is love and these individuals
are exhibiting their love for another person. So, there is a lot of confusion when it comes to this
topic, but we know that in the Islamic law, it is their way or no way at all.
SCENARIO PAPER: ISLAM
12
References
Afshari, R. (2016, August 3). LGBTs in the Islamic Republic of Iran. Human Rights Quarterly.
https://muse.jhu.edu/article/627636
Bell, James (2013) The World's Muslims: Religion, Politics and Society. Washington: Pew
Forum on Religion and Public Life.
Communalising homosexuality? (2013, Dec 21). Kashmir Monitor
http://ezproxy.liberty.edu/login?qurl=https%3A%2F%2Fwww.proquest.com%2Fnewspa
ers%2Fcommunalising-homosexuality%2Fdocview%2F1469723591%2Fse2%3Faccount
%3D12085
Green, T. H. (2015) The Fear of Islam: An Introduction to Islamophobia in the West.
Minneapolis: Fortress Publishers.
Hallaq, Wael (2014) The Impossible State: Islam, Politics, and Modernity's Moral Predicament.
New York: Columbia Univ. Press.
Jahangir, Junaid., & Abdul-latif, Hussein. (2016). Investigating the Islamic Perspective on
Homosexuality, Journal of Homosexuality, 63:7, 925- 954, DOI:
10.1080/00918369.2015.1116344
Kabir, A., & Brinsworth, J. (2021). Mental health symptoms and suicidality in Iranian gay men.
Psychological Medicine, 51(9), 1581-1586.
http://dx.doi.org.ezproxy.liberty.edu/10.1017/S0033291721001264
King James Bible. (2017). King James Bible Online. https://www.kingjamesbibleonline.org/
(Original work published 1769).
Moustafa, Tamir (2018) Constituting Religion: Islam, Liberal Rights, and the Malaysian State.
New York: Cambridge Univ. Press.
Moustafa, T., & Sachs, J. A. (2018). Law and society review special issue introduction: Islamic
law, society, and the state. Law & Society Review, 52(3), 560-573.
https://doi.org/10.1111/lasr.12360
Podder, S. (2012). Legitimacy, loyalty and civilian support for the moro islamic liberation front:
Changing dynamics in mindanao, philippines. Politics, Religion & Ideology, 13(4), 495-
512. https://doi.org/10.1080/21567689.2012.725663
Shaltut, Mahmoud. (2013). ‘The Qur’an and Combat’ in War and Peace in Islam: The Uses and
Abusesof Jihad, ed. Prince Ghazi bin Muhammad, Ibrahim Kalin and Mohammad
Hashim Kamali.
SCENARIO PAPER: ISLAM
13
References
Sabuj, Mohammad. (2021). Islamic international law: an emerging branch of law which answers
the contentious question of ‘authority to use force’ in Islamic law and politics, British
Journal of Middle Eastern Studies, 48:3, 388-404, DOI:
10.1080/13530194.2019.1609414.
Terrill, R. J. (2016). World Criminal Justice Systems: A comparative survey (9th ed.). Routledge.
