CJUS 701 The_Islamic_States____Criminal_Justice_System_2.docx.pdf

THE ISLAMIC STATES’ CRIMINAL JUSTICE SYSTEM

The Islamic States’ Criminal Justice System

Tion Q. Fambro

Department of Criminal Justice, Liberty University

Author Note

Tion Q. Fambro

I have no known conflict of interest to disclose.

Correspondence concerning this article should be addressed to Tion Q. Fambro,

Department of Criminal Justice, Liberty University, 1971 University Blvd,

THE ISLAMIC STATES’ CRIMINAL JUSTICE SYSTEM

The Quran is available to anybody who has a religious disposition, the desire to learn it, and the

aptitude to do so, not just those of the Islamic faith. The Quran is composed of 114 chapters

(surah, singular) and 6,342 verses called ayas (ayah, singular). Islamic law isn't assessed in

respect to any particular nation because Islam isn't a country; instead, it's considered in light of

the impact it has on the legal systems of the countries that have a cultural affinity with Islam.

Islam and Islamic law are covered in more detail in this essay. This essay also examines the

offense of apostasy in Islam and its associated penalties.

Key Terms: Islam, Quran, Theory of Protected Interests, Surats (surah, singular), Ayas (ayah,

singular), Sunna, Hadith, Siyar or Sirah, Pillars of Islam: shahada (testimony), salat (ritual

prayer), sawm (the obligatory fasting), hajj (pilgrimage), Kaba

THE ISLAMIC STATES’ CRIMINAL JUSTICE SYSTEM

ultimate objective of establishing a theocratic society, has been the religion's most significant

association from its inception. Islam, which has more than 1.3 billion adherents, is currently the

second most popular religion in the world. Only Christianity has more adherents than there are

Muslims, with more than 2.1 billion.

The Quran

The Prophet Muhammad (570–632) intended to modernize the monotheistic religion

(Terrill, 2016, p. 601). The Quran (2004 translation) declares:

We followed in their footsteps by sending Jesus, the son of Mary, to confirm the Torah

that had been sent before him. We gave him the Gospel, which provided direction,

illumination, and confirmation of the Torah that had already been revealed—a lesson and

a guide for those who pay attention to God. Let the Gospel's adherents evaluate it in light

of what God has revealed therein. Lawbreakers are those who do not judge in accordance

with what God has revealed.

Judge between them in accordance with what God has revealed (5:46–48). We sent the

Scriptures to you [Muhammad] with the truth, confirming the Scriptures that came before

it and having final authority over them.

Islam's holy book, the Quran, is the main repository for the divine Word (Terrill, 2016, p.

THE ISLAMIC STATES’ CRIMINAL JUSTICE SYSTEM

and unrestricted polygamy. Others established sanctions with which to enforce the changes the

Qur'an had made. However, generally speaking, the Qur'an supported and validated the already-

existing institutions and practices of Arab society and only provided changes that were judged

appropriate (Terrill, 2016, p. 602, Kamali, 1989). Additionally, the Quran has around 30 verses

that discuss crimes and the associated punishments, as well as 30 verses that address issues

related to justice, equality, and the rights and obligations of Muslims.

M.A.S. Abdel Haleem made the following points in order to understand the Quran:

All Islamic sciences have their origins in the Qur'an: Arabic grammar was created to

serve the Qur'an, Arabic phonetics was investigated to ascertain the precise pronunciation

of Qur'anic words, Arabic rhetoric was developed to describe the characteristics of the

unique style of the Qur'an, Arabic calligraphy was developed by writing down the Qur'an,

and the Qur'an is the foundation of Islamic law and theology.

The Quran is seen by Muslims as a model of morality and ethics for a civilized society that

applies not only to followers of Islam but also to those who do not (Terrill, 2016, p. 602).

Anyone with a pious temperament, the desire to learn, and the ability to study the Quran is

welcome to do so. Those who read and interpret the Quran will discover and comprehend the

significance of compassion, fairness, honesty, and justice as the Quran lays out.

THE ISLAMIC STATES’ CRIMINAL JUSTICE SYSTEM

teachings of the Prophet Muhammad, are part of the verbal strategy. The Prophet's deeds are part

of the practical approach. The approved Prophet Companions' deeds or words constitute the

approved strategy. The Sunna, on the other hand, comprises the memories of those who saw a

hadith from the Prophet that was either verbal, practical, or accepted.

For a number of reasons, the Sunna is a crucial aspect of Islam's tradition. The Sunna

summarizes the principles and laws revealed in the Quran. Another important tool for

deciphering obscure or ambiguous verses in the Quran is the Sunna. In the end, the Sunna

clarifies the verses where the Quran omitted to include them.

The Pillars of Islam

The five behaviors that God-fearing Muslims adhere to in The Pillars of Islam represent the core

Islamic values that unify the umma (Terrill, 2016, p. 603). The shahada (testimony), which states

that "There is no god but God and Muhammad is His messenger," is the first tenet of Islam. The

salat (ritual prayer), which is performed five times a day—dawn, noon, afternoon, sunset, and

evening—is the second tenet of Islam. Sawm (the required fasting), which takes place during the

month of Ramadan, is the third tenet of Islam (Terrill, 2016, p. 604). During the month of

Ramadan, Muslims who practice faith fasting refrain from eating, drinking, and engaging in

sexual activity, with the exception of the elderly, the sick, and those who are on the road. The

THE ISLAMIC STATES’ CRIMINAL JUSTICE SYSTEM

the legal systems of the nations that it is linked with (Terrill, 2016, p. 607). The Arabic word for

Islamic international law, siyar, or sirah in its plural form, is a technical phrase that relates to the

Prophet's life whereas siyar, the plural form, refers to legal affairs (Mohammad, 2021). Siyar, or

Islamic law, is based on the customs of the Caliphs and other early Muslim leaders. They failed

to find any conditions with international legal standing, nevertheless. After the Prophet moved

the Islamic community to Medina in 622 CE, this is where Islamic international law first

emerged.

Shia Muslims argue that the Quran establishes the Islamic legal theory and that it is

reflected in Islamic law (Terrill, 2016, p. 620). Regarding Islamic Law, Sunni Islam upholds the

Caliphate theory. The definition of Islamic law is "be a community that calls for what is good,

urges what is right, and bans what is wrong: those who do this are the successful ones." It was

designed to lay down the principles of Islam and to clarify what behavior is appropriate among

Muslims (3:104).

Islamic law covers legal issues related to people, property, families, and inheritance

(Terrill, 2016, p. 623). Islamic law was developed to build a just society that would ensure the

THE ISLAMIC STATES’ CRIMINAL JUSTICE SYSTEM

safeguard all of them (Terrill, 2016, p. 623). Islamic law defines crimes in Islam as crimes

against life (murder or assault), property (stealing), lineage (fornication and false allegations of

adultery), reason (using intoxicants), religion (apostasy), and crimes against all of these

fundamental necessities (highway robbery).

The Quran establishes a general rule that: "If you [believers] have to respond to an attack,

make your response proportionate" while considering punishment. As stated in 16:126 and

42:40, "Let damage be required by an equal harm, but anybody who forgives and puts things

right will receive his reward from God Himself—He does not like people who commit evil"

(Terrill, 2016, p. 625). Highway robbery or unlawful insurrection will result in "a shame for them

in this life, and later a dreadful punishment in the Hereafter" for the offender (5:33).

Apostasy is the crime under investigation in this assignment. Hudud offenses, which

include apostasy, rebellion against the ruler, theft, armed robbery, adultery, defamation, and

drinking alcohol, are punishable by death, amputation of hands and feet, and public whipping

under Islamic law (Mansour, 1982). Apostasy, which is the rejection of Islam through speech,

action, or omission, must result in repentance within a certain period of time or it will result in

the death penalty.

According to a recent report from Humanists International, apostates are subject to death

THE ISLAMIC STATES’ CRIMINAL JUSTICE SYSTEM

Brunei, Iran, Mauritania, Nigeria, Pakistan, and Saudi Arabia—retain the death penalty for both

apostasy and blasphemy. Sudan, whose civilian-led transitional administration adopted the

Miscellaneous Amendments Act in July 2020, which included measures abolishing the crime of

apostasy, is the most recent country to be removed off the list of countries that impose the death

penalty for apostasy (The Death Penalty for Apostasy & Blasphemy).

While working in Saudi Arabia, A Saudi court sentenced an American man to 15 years in

prison for apostasy, based on comments made via two anonymous Twitter accounts. Iran, Iraq,

Afghanistan, Malaysia, Mauritania, Maldives, Pakistan, Nigeria, Qatar, Saudi Arabia, Somalia,

Sudan, United Arab Emirates, and Yemen are among the thirteen nations that impose the death

penalty for apostasy. Other nations have used various types of punishment. For instance, all

citizens in the Maldives are required to practice Islam, and those who do not forfeit their

citizenship. After the anti-apostasy laws were repealed in 2017, Moroccan citizens can finally

use their right to freedom of religion (Kiprop, 2018).

Three Quranic concepts that describe how justice is pursued in Islamic States are the

foundation upon which Islamic law as it relates to the criminal justice system is established.

Criminal responsibility is the fundamental tenet on which Islamic law is based (Terrill, 2016, p.

THE ISLAMIC STATES’ CRIMINAL JUSTICE SYSTEM

accountable for deeds that they personally performed and not for crimes that other people may

have committed.

Islamic law's second tenet relates to legality (Terrill, 2016, p. 624). "No soul will bear

another's burden, nor do We punish unless We have sent a message," the Quran says in reference

to the topic of crime and punishment (17:15). The Quran also states that one cannot be punished

for deeds that were not unlawful when they were done, citing verses like "They were messengers

bearing good news and warning, so that mankind would have no excuse before God, once the

messengers had been sent: God is almighty and all wise" (4:165) and "This Qur'an was revealed

for me to warn you [people] and everyone it reaches" (6:19).

Only offenses explicitly mentioned by God, the lawgiver, and those enacted by properly

elected lawmakers of a government, according to the text of Islamic States, have the authority of

law. The concept of legality was developed to safeguard an individual's security from the

government's arbitrary, capricious, and discriminating intrusions, much as the concepts of

criminal responsibility found in the Quran. "Those who judge not after the revelation of God are

lawbreakers" (5:47) (Terrill, 2016, p. 625).

The third tenet of Islamic law, which is related to the legality tenet, focuses on the

nonretroactivity of criminal law (Terrill, 2016, p. 625). This third rule was developed to