Islamic Law 1
Comparative Criminal Justice Systems: Islamic Law
Reverend Traci Lee Goebel
Helms School of Government, Liberty University
Islamic Law 2
Abstract
The globe has become rich in diversity, religions and spiritualities, cultures and ways of life,
commonalties, and differences, and perhaps, rich in the different types of governments and
criminal justice systems that exist in the modern era. Systems should be designed to adapt and
change as cultures, eras, and growth in all industries change, that way the laws and policies
reflect the current times. However, there are criminal justice systems that struggle to adapt and
change, and others struggle with adapting and changing, while keeping their culture and religious
beliefs embedded into their systems. Some countries blend religion into their government and
criminal justice systems, whereas many countries do not and instead have a separation of church
and state. This paper will provide a discussion on what Islamic Law is, and what components
exist within the Islamic Law, and how this impacts the criminal justice systems in countries
where Islamic Law is in effect.
This paper will also provide a discussion on Islamic Law and how it has been developed
in Indonesia, Morocco and Malaysia, and the challenges that the systems in these countries face
by blending Islamic Law into criminal justice systems. There are challenges dealing with legal
pluralism, challenges with the penal code, and even challenges to adapt these systems into
modern times. There are also human rights concerns coming from the international community
regarding Islamic Law, what it entails, and how it is implemented. Lastly, this paper will also
provide a discussion on the Islamic Law relations with the U.S. and the western countries.
Keywords: Islamic Law, Islam, Criminal Justice, Comparative Criminal Justice, United
States, Human Rights, Police, Corrections, Judicial, Religion, Progressive, Morocco, Indonesia
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BACKGROUND OF ISLAMIC LAW
Islamic Law is found in several different countries on the globe. Indonesia, Malaysia,
Turkey, Iran, and even Saudi Arabia are a few of the countries that have Islamic Law in place.
The setting, culture, and government structures often influence how the criminal justice system is
designed and then implemented within a country. Islamic Law has the uniqueness that each
country that has is, has a different perspective, belief, or approach to Islamic Law, how it affects
their government systems, and how it’s implemented. No two countries are the same that have
Islamic Law.
Islamic Law can have components for customary law and statutory law, as well as
religious law to an extent. Yet, at the same time, some countries will have democratic practices
or systems, with Islamic Law blended into them, or kept entirely separate from them. The
simplest way to describe Islamic Law is that Islam is a religion, as well as a guide on how to live
by a moral code (Terrill, 2013/2016, pg. 568). When many people state it’s “God’s will”,
whether it be in reaction to a situation or suffering, Islam is God’s will (Terrill, 2013/2016, pg.
568), therefore submitting to Islamic Law can be seen as submitting to God’s will. Given that
Islamic Law incorporates religion into it, it is no secret that Christianity, Judaism, and Islam are
considered to share the commonality of being monotheistic, and each being the three largest
religions in the world (Terrill, 2013/2016, pg. 568).
Specifically, research states that Christianity has 2.1 billion followers and Islam having
1.3 billion followers. These faiths are all also considered to generally be Abrahamic faiths as
well, thus making them more ancient as they tend to go far back in history. However, in Western
states like the U.S., there is a separation of church and date afforded by a constitution, whereas in
countries with Islamic Law, religion and law are often blended together, and in some instances,
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together but separate. In Malaysia, Islamic Law is only applicable to Muslims and in certain
areas, Morocco has a more democratic, social, and constitutional system with Islamic Law, and
Indonesia is culturally and ethnically diverse, and has the philosophy of Pancasila alongside
Islamic Law.
Regarding criminal justice systems, Islamic Law is very distinct in comparison to the
systems in Western countries. In Islamic Law, it seems to possess legal precedents, with a
balance of religious beliefs. This mixture appears to be a combination of a way of life, equally as
much as it is a legal system and God’s will. For example, according to research, Malaysia is a
country where Islamic Law only applies to Muslims, while their civil law is applicable to all
citizens in the country (Muhammad and Shafy, 2020, pg. 334). Secondly, the Syariah legal
system in Malaysia is known to be kept in check by the federal legal system, which can override
any decision in the Syariah court (Muhammad and Shafy, 2020, pg. 334).
Malaysia seems to have a unique system created for Islamic Law, as unlike other
countries, the federal court has ultimate authority over it and can change it’s decisions, and that
their Islamic Law is also only applicable to Muslims, not the entire population. This is unique as
in other countries that have Islamic Law, Islamic Law is generally applicable to all citizens in
another country, not just Muslims. Morocco is a country known to have a larger presence
regarding Islamic Law, as research demonstrates they have helped the “spread of Islam in North
Africa” and has also helped create a “gateway for the entry of Islam into Spain, and Europe”
(Ridwan. Et. al., 2021, pg. 16). Morocco is also considered to be a modern Islamic State, which
is influenced by Alal al-Fasi, and they have a large population of Marabbut and Sufis (Ridwan et.
al., 2021, pg. 17).
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Lastly, Indonesia is a country that has a government system based off of their 1945
constitution, and also holds strong ties to the philosophy of Pancasila (Ismail, et. al., 2021, pg.
548). One difference between Indonesia, Morocco, and Malaysia, is that Indonesia generally
does not consider themselves to be an Islamic State. Research provides two vital facts regarding
Islamic Law and Islamic States, and these vital facts are the following:
1. “As long as the law does not contradict the arguments of the Qur’an and the Hadith”,
the applications of Islamic can be applied differently.
2. “The application of Islamic Law can have different patterns and systems from one
country to another, which is an impact of the openness of Islam in the formulation of
Laws while not contradicting the arguments that come from the Qu’ran and Hadiths”
(Ismail, 2021, pg. 549).
Each of these countries has applied Islamic Law differently, and two are considered
Islamic States, while one does not consider themselves to be this. However, in Indonesia, Islamic
law has been applied in Civil law in the form of Muamalah Law, and has sanctions that can be
given towards individuals. Islamic Law is also something that has helped shape this country, is a
historical part of this country, and has helped shaped legal system and lives of those living here
(Yani and Barthos, 2020, pg. 160). One way to help describe Islamic Law in simplest terms, is to
begin with how the Islamic teachings come from the Qur’an and Sunnah (Yani and Barthos,
2020, pg. 160). Secondly, it is also known to be a set of both rules and norms that regulate
human behavior, of which are able to experience growth and development through society,
and/or provisions that are established by the authorities within the given country (Yani and
Barthos, 2020, pg. 160).
The normative components of Islamic Law generally are related to social sanctions,
while the formal side of Islamic Law involves legal laws and regulations. Secondly, it is also
generally known that there are provisions within Islamic Law that may not require being
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legalized, even when implemented. Thirdly, looking at the components of how Islamic Law has
developed, Islamic Law possesses a strong emphasis on justice, humanity, and even benefit.
When looking at Indonesia, Islamic Law is seen to be equal in comparison to all other types of
law present within the country (Yani and Barthos, 2020, pg. 163). According to research, when
Indonesia converted Islamic Law into their national law, is became equal to all other forms of
law in the country (Yani and Barthos, 2020, pg. 163).
Islamic Law overall incorporates legal topics for family, inheritance, person, and
property. This form of law demands justice in the forms of appropriate justice, and even
discussed when seeking justice is appropriate, as God commands justice in the Qu’ran (Terrill,
2013/2016, pg. 591). This is valid as the beliefs within this system often state the essential things
each person has are “religion, life, mind, posterity, and property” (Terrill, 2013/2016, pg. 591).
Lastly, Islamic Law has it’s own principles for crime and punishment, as well as principles for
legality itself. As research will demonstrate, Islamic Law is outlined by Allah, in written texts
both implicitly and explicitly (Yani and Barthos, 2020, pg. 164).
Within the Islamic Law, there are different types of crimes, and each category of crimes
will come with its own types of punishment. At times, the severity and type of punishment will
vary amongst the different types of crimes. One example is the Hudud, which is a type of crime
involving individuals committing acts that threaten the social order in their community, and the
security of the believers within their community. Generally, these crimes can consist of theft,
bandits, or simply rebelling against the established authorities in their country. The next category
are Quesas crimes, which involve committing acts against another person, and violating the
rights of another person.
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Crimes in this category generally include but are not limited to assault, murder, etc., and
these incidents can also be products of retribution or even compensation. Lastly, there is the
category of Tazir, which is instead a rationale behind working towards deterrence for those who
commit the crimes in the two categories mentioned above. This rationale is in effect because it is
meant to help rehabilitate individuals who commit these crimes, and to help prevent recidivism.
GOVERNMENT
In countries that considered themselves to be Islamic States, Islamic Law is integrated
into their government structure. Additionally, in countries that are not an Islamic State yet have
Islamic Law, it is often separate from the government systems and considered equal to the
government systems. The Moroccan government can help individuals better understand how a
government develops with Islamic Law developing alongside it. Specifically, the Moroccan
government “adheres to a democratic, social and constitutional monarchy system” (Ridwan, et.
al., 2021, pg. 14). This particular government oversees all who live in Morocco, which has
become a rather diverse country.
Morocco also claims to lineage to a previous royal ruler in the Alawiyah dynasty.
Specifically, they have a general claim towards lineage to the last Prophet and to the Maliki
School of Islam (Ridwan et. al., 2021, pg. 14). Government wise, Morocco does have a
president, and the constitution in the country limits the power of the president. While there is no
specific language stating that Islamic Law is incorporated into the constitution, it is known that it
has influenced it. The institution with the most authority is the Majlis Representative Majlis an-
Nuwab, and there is also an advisory council, the Majlis al-Mushtashar.
Additionally, private law in Morocco is dealt with via Islamic Law. Specifically, Islamic
Law follows the Maliki School of Law regarding private matters. It is a formal law and upheld
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within the Sharia Court system. Between the legal and Islamic Law systems, Morocco shares the
commonality with the U.S. regarding how they allow abortions in the case of both rape and
incest cases. Yet, a difference with Morocco and the U.S. is that polygamy is legal, but it is not
legal within the U.S.
Legally, individuals in the U.S. can be in a romantic or sexual relationship with whomever
they choose to and can have 2 or more partners if they so choose. However, legality wise, they
cannot marry more than one person. The 1958 Family Law, Article 30 enables Moroccan
citizens to have multiple wives, however, if there is injustice between the wives, the government
will not allow that individual to have more than one wife (Ridwan et. al., 2021, pg. 20).
Secondly, another aspect if that if the man cannot be equal and treat his wives equally, he is
legally made to be monogamous. It seems that within Morocco, the federal government has the
highest authority and authority over the Islamic Law, as one can see how each affect and works
alongside the other.
POLICE
Research that has been gathered demonstrates that there are police forces in the countries
that are either Islamic States or implement Islamic Law, and that there are also religious officers
as well. Police officers are also known for being morality officers, due to how they implement
Islamic Law in maintaining order in both society and their immediate communities. Often called
Mortality Police Officers, these officers generally focus more religious and cultural practices,
such as consumption of alcohol, mixing of women and men, observance of faith for men and
women, etc., while leaving actual crime such as murder, robbery, theft, etc., to the other police
forces that exist in the country. This differs from the U.S. and western countries, as these
locations do not have “morality police” nor “religious police” forces. In Morocco, there is the
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National Police force, and they answer directly to the Ministry of Interior and Gendarmerie
Nationale.
According to research, police officers in this force only carry a firearm while on duty and
in uniform, and they are not to carry one when they are not on duty and not in uniform (The Law
on Police Use of Force, 2021). However, there are some concerns about the use of firearms
utilized by police, particularly human rights concerns. According to Article 61 of the 1958 law
related to the Gendarmerie, there are three instances when police officers in Morocco may utilize
their firearms. The following three instances are the following:
1. When violence or assault is carried out against them, or when they are threatened by
armed individuals.
2. When they cannot otherwise defend the ground they occupy, the post, or persons
entrusted to them, or if the resistance is so strong it cannot be defeated otherwise.
3. When they have repeated called individuals to “halte gendarmerie” outloud, and people
do not listen, or seek to escape an investigation or their guards; and they cannot be
stopped nor constrained without use of weapons; or when particular elements establish
they are almost certain to participate in a crime or serious offense (The Law on Police
Use of Force, 2021).
In brief, Morocco also has the Urban Corps, Judiciary Police, Intervention Companies,
and Internal Security Service that also fall under the Directorate for National Security as well.
Indonesia shares the commonality of possessing a National Police Force as well,
however, their police force is seen as a Ministry it itself, where it answers directly to the
president of the country (Interpol, 2023). One difference that sets this police force apart from
other Islamic States and even Western Countries is that the National Police in Indonesia
historically have always been a part of their military force. According to the Human Rights
Report (2023) for Indonesia, the Indonesian military is known to provide operational support to
the national police, especially when there are cases of counterterrorism, the need to for additional
assistance in maintaining public order and dealing with communal conflicts (pg. 1). However,
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with the capability of military and police being one organization and assisting each other, this
type of unique combination does come with its own sets of challenges and concerns.
As for Islamic Law there is no set police organization, as Islamic Law often has Morality
Police in lieu of traditional police. One such group is known as the Shurta, which has traditional
police duties, but is also tasked with carrying out the duties that are assigned to Morality Police.
Shutra are seen in Iran and a few other Islamic States have their own version of Morality Police
as well. Given that Islamic Law does not necessarily provide a prosecutor, nor procedural law,
the morality police became extensive in the countries that have them. This force handles
situations involving hudud crimes, those with corporal punishments, and at times those that
contain fixed penalties.
Those who rise in the ranks and become senior officers, these individuals generally are
given the opportunity to lead investigations and execute actual sentences, which is different from
Western and U.S. police, as western police officers are not known to carry out actual sentencing.
In the Western Countries and the U.S., often it is the Judiciary systems determining the
sentencing, and then a correctional system and correctional staff carrying out the sentencing and
punishments. In Iran, this is generally a result of Sharia law, and what Sharia law dictates. Given
that Islamic Law has an emphasis on deterrence, whether it be Morality Police or Shurta Police,
this system focuses on the right punishment at the right time, instead of rushing into decisions.
And also, the punishments are often carried out in view of the public, so the individuals
community is aware of what crime was committed, and also are aware of the punishment that he
or she is now enduring.
ISLAMIC STATE(S) – U.S. RELATIONS
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According to Mohamed (2021), Americans who are not Muslim but are friends with
someone who is, do not see Islam as encouraging violence; whereas those who are not and do not
know anyone who is Muslim, often have polarizing views, and believe Islam encourages
violence. Therefore, the relations between countries that are Islamic, and the U.S. are volatile,
polarizing, and experience frequent tensions. Islamic countries that have positive relationships or
treaties with the U.S., they are often seen fighting together to fight against and dismantle
extremist and terrorist groups who attempt to justify their violence towards others through the
Qu’ran teachings. This has caused both American citizens and the political field in the U.S. to
remain divided on their perspectives regarding the Islamic countries, Islamic State, and Islamic
Law. According to Mohamed (2021), “over the last 20 years, the American public has been
divided on whether Islam is more likely than other religions to encourage violence, and a notable
partisan divide on this question has emerged”.
The divide of perspective and belief in the U.S. is understandable when one takes into
consideration the 9/11 attacks, the acts of violence committed by terrorist groups, and by those
who have been exposed and manipulated by propaganda of these organizations, whose ideology
is to destroy the Western countries and beliefs; and to justify their acts of violence in the name of
God, and in the teachings of the Qu’ran. This alone is what is polarizing and creating tensions
within the relations between the U.S. and Islam. In brief, extremist and terrorist groups have
contributed towards the negative impressions of Muslims through their acts of violence, their
justifications for their violence, and because their ideology has alienated most of the Muslim
communities (Blanchard and Humud, 2017, pg. 5). They have alienated the Muslim
communities, Islam, and this faith, because they claim their ideology and acts of violence are
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justified from God, and justified within the Qu’ran, yet the majority of these communities
disagree with this.
Yet, at the same time, these groups are threatening the Islamic countries, allied countries of
the U.S., and U.S. matters in middle eastern countries, in attempt to drive out Western influence
and Western presence in any and all Islamic countries. Which has left the relations and situation
overall to be “uncertain at best” (Blanchard and Humud, 2017, pg. 16). Another reason that
relations between Islam and the U.S. are polarizing and unpredictable, is because individuals
from other religions living in Muslim countries are often mistreated, abused, and even tortured.
According to the research, “religious minority communities living in Islamic State territory have
faced expulsion, the destruction or seizure of their property, forced conversion, kidnapping,
assault, sexual slavery, and death.” (Blanchard and Humud, 2017, pg. 29).
Very few countries like Morocco and Indonesia will have modern laws and systems where
all citizens in an Islamic Law country can co-habitat and exist together peacefully, because the
many whether they support terrorist organization or not, heavily discriminate and attack other
minority faith groups in their countries. This treatment is justified through “selective reference of
the Qu’ran and Islamic Legal traditions”(Blanchard and Humud, 2017, pg. 29), and is always
applied to those who are non-Muslim. It has become that those who are Jewish or Christian have
become the enemy, and because they are see this way in Islamic States, these organizations use
this to justify committing acts of violence against them.
JUDICIARY
The Islamic Law system does differ from other systems around the world due to the
judicial precedents that are practiced within civil law (Alotaibi, 2021, pg. 1). The judiciary
systems in Islamic States are often considered positive law states, where it is required to have
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credible testimony, witnesses, and even credible evidence (Alotaibi, 2021, pg. 2). However, the
judicial system for Islamic Law only has three categories of crimes that are punishable in court.
The first group of crimes are Hudud, which come with a set penalty and are considered to be
crimes committed against the Law of God (Alotaibi, 2021, pg. 5). Generally, punishments for
these crimes are set through God’s teachings, and these punishments are known to be found in
the Qu’ran.
The next set of crimes are Qisas, and these crimes are listed in the Qu’ran, but are not
derived from it (Alotaibi, 2021, pg. 5). Generally, these crimes are considered to come forward
once judicial and administrative systems were created alongside Islamic Law systems. Crimes in
this category are crimes committed against another individual, and in Western countries, these
crimes are often handled by the more traditional criminal justice systems in the country (i.e.,
police, court, correctional systems). The crimes generally consist of murder, assault, theft, etc.,
and these crimes can carry punishments of retaliation, compensation, or sentencing can be
required. Lastly, there are Ta’azir crimes, which in Islamic Law judiciary systems, these crimes
carry a punishment that is not seen in the Qu’ran.
These particular crimes are likely to be non-violent in nature, and can be lying under oath,
embezzlement, and even bribery (Alotaibi, 2021, pg. 5). The U.S. does have actual legal
consequences for those who lie under oath, which is a similarity they share with the Islamic
States. However, one difference between the Islamic States and Western Countries is that “civil
cases in the American and European legal systems are considered criminal under Islamic Sharia
Laws” (Alotaibi, 2021, pg. 5). In the judiciary system, the Office of the Khadi Is known to be the
highest-level court in Islamic Law. Saudi Arabia is an Islamic State utilized in research to help
demonstrate how this judicial system operates.
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In Saudi Arabia, all officers of the court are appointed by the Caliph, which in Islamic
States, the Caliph is generally the executive arm of the government. Saudi Arabia also upholds
all principles within the Qu’ran, making it a traditional Islamic State (Alotaibi, 2021, pg. 5). In
this country you will see that they have a monarch, Sharia court, and government tribunals. In
brief, the Sharia courts handle both criminal and civil matters, while the tribunals are known to
deal with royal decrees and matters related to them. At the same time, research demonstrates that
in the Islamic Judiciary system there is also a special court that exists to handle terrorism cases.
Under Islamic Law and in court, “judges and characters’ credentials are critical and strict
upon physical evidence or trustworthy witnesses’ testimony and to confirm that the defendant
receives an impartial and fair trial” (Alotaibi, 2021, pg. 8). Judges can be male or female, and
they generally have to possess wisdom, intelligence and what is known as adala in order to be a
judge. Any judicial procedures applicable to public welfare will fall under the traditional
criminal justice systems in a country, as the Islamic Law judiciary does not handle these cases,
even if there are Islamic Law roots in these situations. Further, pre-trial detention and release is
often not recognized in Islamic Law, as Islamic Law prefers to have individuals maintain their
freedom of movement prior to their trial (Alotaibi, 2021, pg. 8). Torture and inhumane treatment
are also not allowed under Islamic Law, whereas in several countries this treatment is still known
to occur.
Another component of the judiciary in Islamic Law, is that all people are equal before the
law, regardless of their gender, religious status, and of their economic status. At times, in
Western Countries (U.S. included), even if this equality is guaranteed, it is not always upheld or
practiced. Thus, under Islamic Law, when individuals commit a crime, they will face the same
punishment, instead of punishment varying from person to person. Islamic Law often operates
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within legal dualism, as in many Islamic States, such as Indonesia, Islamic Law operates
alongside more traditional police, judicial, and correctional systems. Generally, the federal
government and the high courts in Indonesia can override decisions and punishments that are
made by the Islamic Law judiciary system.
Lastly, for example, the Syar’iyah Court in Indonesia is known to handle “legal cases that
touch the concept of Jinayah/Islamic Criminal Law” (Razi and Mokhtar, 2020, pg. 207). Any
crimes that fall under the Islamic Criminal Law this court will handle, and often these cases
involve “alcohol, gambling, being alone with someone of the opposite sex who is not a spouse
not or relative; committing intimacy outside of marriage, adultery, sexual harassment; rape;
falsely accusing someone of adultery; homosexual, and lesbian acts” (Razi and Mokhtar, 2020,
pg. 207). While some of these situations are crimes in western states, not all of them would be
considered criminal matters. This court also only had the authority to enforce Ta’zir and Hudud
sentences regarding these crimes.
PRISON SYSTEM
According to Terrill (2013/2016), “Saudi Arabia’s criminal justice system is more than any
other, it encompasses the truth philosophy of an eye for an eye and tooth for a tooth” (pg. 643).
How does this apply to the prison systems that are a part of Islamic Law? Specifically, this
means that if an individual is caught harming another, the other person is given the opportunity
to do to that person, what was done to them. In simplest terms, if an individual is harmed, the
individual harmed has the right to harm the person who hurt them in return for what was done.
Any sentences set forth by the court are carried out in public, and they are often severe. Women
have experienced the death penalty, flogging, and even amputation as punishments, and these
punishments range from minor to severe.
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Saudi Arabia is often known for utilizing the death penalty generally for murder and drug
related cases. Whereas in Iran, individuals would face the punishments determined by Islamic
Law that applies to Hudud, Ta’zir, and Queasa, just as Indonesia and Morocco would follow
Hudud and Ta’zir. Iran utilizes the death penalty as well, but Iran utilizes this punishment for
“murder, rape, drug trafficking, drug possession, armed robbery, espionage, sodomy, adultery,
and apostasy” (Terrill, 2013/2016, pg. 663). Under Islamic Law, if punishments of some kind are
not agreed upon by the courts, then in many Islamic States individuals have a right to then act
upon an eye for an eye and a tooth for a tooth. However, research does not indicate any type of
traditional prison system existing within Islamic Law.
CASE SCENARIO
A woman, who is a citizen of the U.S., arrives in an Islamic country, and upon arrival she
realizes that she will have to alter her attire while there. She does not know what a “Hijab” is,
does not know why women are required to wear it, and does not even know the meaning behind
what it actually is. While Indonesia has cultural and ethnic diversity, those who are Muslims are
held to the Islamic Law system. Her friends arrive shortly after she arrives, both male and
female, all unaware of the laws pertaining to how men and women can and cannot interact.
Within the Muslim communities, it is not allowed for the opposite genders to spend a great deal
of time together, and women wearing the hijab is expected.
All this woman and her friends have known is what is portrayed in the media regarding
the 9/11 attacks and other terrorist attacks, but they have no knowledge of the actual culture, and
law that many follow when they live in a country that has Islamic Law. Until she, as well as her
female friends can find hijab’s to buy and wear, they decide to go out into public and explore the
city they are in, which they do not realize can be seen as a crime. They spend their time
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sightseeing, searching for local activities, and spend time trying the different local, ethnic foods.
Many citizens look at them with worried expressions on their faces, keep engagements short, and
appear to keep looking around as if police will suddenly show up. Suddenly, a few police
officers come around a corner and immediately begin walking towards the group.
The police state to the group that the women cannot be in public without a hijab on, and
that the time spent with the opposite sex is not allowed, and that this cannot continue for the rest
of the day. They ask the women who the males are with them, and they state that they are friends
with these men, and they are all on vacation here together. They state they haven’t done anything
wrong, however, the police officers state that they are in violation of Islamic Law and then are
taking into custody by the police officers.
HUMAN RIGHTS PERSPECTIVE
Whether it be Morocco, Malaysia, Indonesia, or any other Islamic country, there are human
rights concerns and perspectives that concern Islamic Law. Each of these countries does have its
own constitution, however, they do not always abide by what is written within them. One
perspective from human rights is the plurality of laws. For example, according to Shuaib (2018),
the “existence of plurality of laws in particular personal laws, laws that depend on status of an
individual – for instance religious and ethnic legal identity” are one concern (pg. 290). When a
country has it’s laws and constitution, and then has the Islamic Law system as well, either both
apply to all citizens, or all laws pertain to all citizens, but Islamic Law only applies to Muslims.
Human Rights affects the whole globe, and each country has it’s own share of human
rights concerns that need to be addressed. According to Shuaib (2018), universality of human
rights is defined as a “universal quality or global acceptance of the human rights idea”, just as
universalism is described as being the “interpretation and application of the human rights idea”
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(pg. 297). From the Islamic perspective, Islamic Law does claim to have basic human rights
within their system. For example, according to Abroo (2016), the Islamic perspective grants
human rights regarding equality, dignity, and respect for humankind (pg. 21). While many may
focus on Islamic Laws that may appear to be inappropriate or even illegal regarding human
rights, Islamic Law does place a strong emphasis on including human rights into their system.
However, the human rights perspective here is that the human rights under Islamic Law
are generally those that are given by God. This is quite different from international human rights
laws, and human rights laws that would be seen in government and criminal justice systems that
would be seen in the Western countries. The human rights taught regard “all men are equal, but
they are not necessarily identical. There are differences of abilities, potentials, ambitions, wealth,
and so on” (Abroo, 2016, pg. 21). Which means laws are applied equally to both men and
women, as are punishments for committing crimes, but the human rights also recognize the
differences between each person that exist. Therefore, it is natural that international human rights
laws would differ from what Islamic Law considers to be human rights.
Another perspective involves how generally, many religious leaders have been found to
ignore human rights laws, and even ignore fundamental human rights. Research asserts that it is
the governments within Islamic countries that have lost sight of human rights, and have caused
human rights concerns by the violations they consistently participate in. According to research,
the lack of human rights stems from “the fact the governments have abandoned those human
rights, the rights enshrined in Sharia law that citizens expected to enjoy” (Muhammad, 2020, pg.
28). Each country is essentially obligated to guarantee that it’s citizens have their basic human
rights met, and the security to ensure they are protected. When governments walk away from
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securing human rights and begin violating them, it often violates enough of them that they no
longer seem to exist.
CONCERNS AND CHALLENGES
Research unfortunately provides diversity in the challenges and concerns regarding Islamic
Law, the Islamic State, and the countries that have developed and implemented Islamic Law
either into or beside their other government systems and laws. Many of these concerns and
challenges regarding human rights laws, as many of these countries still implement torture and
abuse, and even oppression, despite the fact that Islamic law has an emphasis that all of this is
illegal and not allowed. Terrorism has unfortunately painted a negative image of Islamic Law,
and of Muslims, simply because these acts have given the impression that all Muslims want to
destroy Western Countries and wester cultures. These acts have portrayed the beliefs and laws of
this culture in a way that is not accurate, and because of this, many people around the world have
a negative perception if Islamic Law, and of Muslims in general.
A pressing concern is that discrimination against Muslims continues to build because of
the Islamic State consistently turning the Qu’ran and Islamic Law into something it is not to
justify the acts of violence that they commit. Secondly, it is a concern because these groups are
targeting any Islamic countries that have treaties or relations with the U.S. and are attempting to
now recruit from these countries as well. At the same time, with governments in these countries
violating human rights and acting as though they do not exist, this only strengthens the concern
and challenges that the global leadership is confronted with. According to the Human Rights
Report (2022) for Indonesia for example, this report lists a long list of violations of human rights
that are seen within countries (Indonesia included) that has Islamic Law.
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In brief a few of the many specific concerns involve “unlawful or arbitrary killings by
government security forces, torture by police, harsh and life-threatening prison conditions,
physical abuses, threats of violence against LGBTQIA communities, serious government
corruptions, etc.” (pg. 1). It is easy to see how these concerns, among the many others listed are
easily in violation of human rights laws, and this demonstrates how easily it is for those in these
governments and systems to simply ignore human rights laws and ignoring even part of their
faith at the same time. For example, the rampant judicial corruption prevents individuals from
having fair trials in Indonesia, just as it also promotes those outside businesses, politicians, etc.,
can influence judges on which way cases will go (Human Rights Report, 2022, pg. 9). And while
human rights have outlawed torture and abuse globally, physical abuse, torture, and punishments
are still seen in Indonesia as well.
For example, those who are not Papuans, have been forced to leave where this population
lives, and if they refuse methods of social media violence, and even torture is utilized to make
them leave. Lastly, there is also the concern that with rampant corruption throughout these
governments, that the policies and laws meant to help combat said corruption are rarely acted
upon. In Indonesia for example, according to the Human Rights Report (2022), even with arrests
and convictions of “many high-profile and high-ranking officials, including multiple district
heads and heads of State” (pg. 26), widespread corruption still remained rampant within the
government. It appears that even if an attempt is made to combat corruption such as this, it does
little to actually impact the rampant corruption that Islamic countries seem to keep experiencing
in the modern times.
BIBILICAL WORLDVIEW
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Matthew 5:38-39, “You have heard that it was said, ‘eye for an eye, and tooth for a tooth’.
But I tell you, do not resist an evil person” (New International Version, 1973/2011, pg. 1229). In
some Islamic countries, eye for an eye and tooth for a tooth is taken literally, where if justice is
not seen in court, individuals are then allowed to do to the offender what was done to them. In
modern times, this can be seen as serious human rights violations, as it condones and justifies
hurting another in this type of culture and system. The Old Testament does support this way, as
the scriptures and times during the Old Testament were often to be more supportive of these
types of punishments. Yet, God utilizes this as a lesson, as He does not want us giving into evil,
nor into the temptation of evil.
The old way of punishment is a way of giving into evil, and once one gives into it, it
becomes easier to keep committing acts of evil such as these. It simply gets to the point where it
becomes easy to manipulate one’s beliefs and ideology into the justification for giving into these
evils of an eye for an eye, and a tooth for a tooth. We lose track of God, of our faith, of who we
are once we begin walking down this path of darkness. And at times, not everyone can turn
around and come back from it, obtain redemption, and change into a better person; and some
simply choose to live a life of evil.
1 Corinthians 15:33-34, “Do not be misled: ‘Bad company corrupts good character’.
Come back to your senses as you ought and stop sinning; for there are some who are ignorant of
God – I say this to your shame” (New International Version, 1973/2011, pg. 1461). If individuals
associate with those who commit acts of evil, it can influence them to start committing those
acts, thus corrupting the good character they once possessed. We should realize that we can stop
our sins, come back to God, begin anew, and redeem ourselves. We can be forgiven by God for
the acts we commit, if we take the steps that we need to take to receive that forgiveness.
Islamic Law 22
However, when good behavior is corrupted, not all will listen to God and make their way back to
him.
Isaiah 44:22, “I have swept away your offenses like a cloud, your sins like the morning
mist. Return to me, for I have redeemed you” (New International Version, 1973/2011, pg. 924).
Redemption can be sought and within our grasp, if we want it, and if we are willing to take the
steps we need to take in order to achieve it. God redeems us, He erases our sins, He gives us the
opportunity to start anew every morning we wake up. It is Him whose judgement we all face
when called to our eternal lives, the question is, do we want to have to explain our life of sin and
evil, or demonstrate to Him that His redemption of us was indeed successful? For those living in
the Islamic countries that have Islamic law, it is the individuals decision if they want to walk the
path of light, or if they want to walk the path of darkness and evil.
Psalms 107:2, “Let the redeemed of the LORD tell their story – those he redeemed from
the hand of the foe” (New International Version, 1973/2011, pg. 769).
Conclusion
Islamic Law has both its advantages and disadvantages, similar to any other government
and criminal justice system see around the globe. While the emphasis of Islamic Law stems from
the Qu’ran and religious teachings, these teachings have natural teachings and laws for equality
and basic human rights, which are guaranteed to all. The disadvantages include the negative
influence that terrorism has taken on Islamic Law and the Muslim culture, and that these
organizations are meddling with U.S. affairs related to Islamic Countries that have good relations
with the U.S. This is similar to how China and Russia attempt to meddle with U.S. Affairs, and
attempt to destroy relations the U.S. has with allied countries, all in attempt to control the future
global world order, and to enhance the power their countries have over others.
Islamic Law 23
Islamic Law is often peaceful, just as the Qu’ran as a holy and religious text often
promotes nonviolence over violence. Terrorism, rampant corruption, and violent ideologies have
destroyed any of the positivity and nonviolence associated with this legal system, religion, and
culture. While Indonesia, Morocco, and even Malaysia are more modern Islamic countries, they
still present with rampant corruption in their governments, which has led to many human rights
concerns and abuses being committed. Additionally, it has led to many Muslims within the U.S.
and other countries being assaulted or discriminated against, as the disadvantages portray the
culture, religion, and legal system as being volatile and violent, when in many areas it is not.
The punishments in Islamic Law are often successful as a deterrent as they are more
severe, and many often follow an eye for an eye and a tooth for a tooth. Yet, these exact
punishments often violate human rights, and even universal rights that countries are held to.
Islamic Law can be harsh upon women and children, often greatly restricting their rights in all
aspects of life, whereas men seem to have more freedoms. There is also a great deal of religious
freedom that is not allowed, and discrimination against those who are non-Muslims, and those
who refuse to convert.
Islamic Law is attempting to modernize and grow in the modern times, where there are
many factors and mitigating situations that are preventing it from doing so. Just as the
disadvantage’s, the rampant corruption, and terrorism acts are painting a picture of how violent
and dark this system can become when manipulated by false ideologies. Thus, this leads to
tensions in any country for those who are Muslim, leads to discrimination, and difficulties with
building a peaceful life in another country, whether one is a good person or a bad person. It’s as
if the peaceful and good people who are Muslims are being penalized and misjudged for the
actions of the Muslims who are corrupt, and who choose to participate in terrorist organizations.
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If Islamic Law can find a way to combat corruption, terrorism, and violating human rights, then
redemption and a positive path forward could present itself, and help remind those of the peace
within this system and set of beliefs.
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