THE ISLAMIC STATES 1
The Islamic States Criminal Justice System
Christopher Martin
Helms School of Government, Liberty University
Author Note
Christopher Martin
I have no known conflict of interest to disclose.
Correspondence concerning this article should be addressed to Christopher Martin.
Email: cmartin80@liberty.edu
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Abstract
The Islamic governments have very harsh laws and a rigorous criminal justice system, which are
all based on the teachings of their sacred scriptures. The states place a high importance on their
religion and culture, and even little actions that reflect contempt for their culture are penalized
under the law. This study depicts the population of Islamic countries, as well as their culture,
religion, economic condition, and legal systems. An examination of Miss Karen's offense while
in the Islamic state, as well as the whole procedure leading up to her arrest and confinement, will
be conducted. This study will examine the detention procedure and Miss Karen's arrest, as well
as the efficacy of the state's criminal justice system and how successful it was during Miss
Karen's case, among other things. In order to determine if the criminal justice system was
efficient from a Biblical perspective, a Biblical comparison of the system will be conducted.
Keywords: Detention, Sharia Law, Arrest, Deportation, Quran
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Islamic Criminal Justice System
There are a large number of Islamic nations, particularly in Asia. The major religious and
cultural traditions of a state, as well as the form of its administration, define it as Islamic. If a
nation's administration is in accordance with Islamic law, which is derived from Islamic sacred
writings such as the Quran, Hadith, and Ijam, the country is considered Islamic. In Islam, there are
numerous actions that are considered prohibited or haram, and its criminal justice system, in the
majority of circumstances, shows little empathy for those who make such errors. The United States
has one of the most stringent criminal justice systems in the world. When a person commits a
crime, the Islamic State believes that they must not only face the law and endure punishment but
that they will also face judgment on the day of judgment.
Country Analysis
Most of the time, the term Islamic state was used to refer to the Islamic State of Iraq, which
existed from 2006 until 2013. Between 2013 and 2014, it was appropriate to refer to the Islamic
State of Iraq and Sham (ISIS/ISIL). Since 2014, the Islam state has proven to be an effective way
of referring to the Caliphate. The predominant language spoken in the Islamic state is Arabic, and
the religion practiced there is Islam. The Islamic State has a population of around 100 million
people. Today's culture is altering the way Islamic nations run, and there is a steady increase in the
number of new laws and characteristics emerging in the country. A breach of the demands would
result in punishment for the criminal since the Islamic state regards human rights as sacred
(Azeem, Rana, & Siddique, 2019). As a result, Islamic governments have strong rules and
regulations that guide every individual in the state, ensuring that they adhere to the laws and
maintain public order.
The Society and People
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Culture and religion are intricately intertwined in Islamic civilization, making the whole
community complicated. Because of the severe religious traditions followed by the members of the
Islam civilization, they are very well-behaved. It is required that both women and men dress
modestly according to their workplace. When it comes to Islam, men are considered the head of the
household; thus, every choice affecting a woman must be approved by a male figure such as her
husband, uncle, father, or brother. An unmarried woman is not permitted to make choices for
herself. Each gender has distinct functions in Islam society, which are markedly different from one
another. When it comes to decisions in Islam, men are in charge. They control the family's money,
choose the direction it should go, provide for the family, and ensure that the whole family is on the
same page. A woman is seen as the primary breadwinner and care of the household (Badawi, n.d.).
In Islam, heaven is said to be found at the soles of a woman's feet, which means that a home is
considered complete unless a woman is present. In Islamic culture, a woman is not permitted to
own any property; for example, if she marries into a wealthy family, all of her family's assets are
often transferred to her husband's account. Females are expected to be subservient to men and
adhere to their assigned positions in society in Islamic culture.
Economy
Despite the fact that the Islamic State's primary source of funding is unclear, the
organization boasts a thriving economy. The state derives money from a variety of sources,
including oil revenues, penalties, fees, and taxes (Heißner, Neumann, Holland-McCowan, and
Basra, 2017), as well as other sources. Christians and immigrants are required to pay Jizya in
addition to taxes, or they may face severe consequences if they do not do so. Non-Muslims and
immigrants pay taxes and pay extortion to the state, which is its primary source of funding
(Ibrahim, 2015). There is a lot of accumulated money in the Islamic state, and the source of this
riches is not specified for many individuals in the Islamic state.
Transnational Issues
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Terrorism is the most prevalent international concern, and the state suffers enormously as a
result of it. It has been an issue for years, and joint efforts with the United States to combat
terrorism in the state have been fruitless since new terrorists and terrorist organizations are always
emerging. The country's ability to change as a result of terrorism is diminishing, and it will have an
impact on adjacent nations and those on other continents (Brown, 2017). Because of globalization
and technological advancement, terrorism has grown in recent years, with new technology assisting
in the production of nuclear weapons and the processing of radioactive materials from their
sources.
Relationship with the US
Because of terrorism, the United States and the Islamic State have maintained an open and honest
connection. Both circumstances have worked together to put a stop to terrorism, but without
success. The removal of non-believers from the state's territory has resulted in an upsurge in
terrorism in the country. It had been agreed that the United States and the Taliban would work
together to put a stop to terrorism inside the Islamic state. Despite the fact that they occasionally
work together to battle terrorists, the organization has been battling the American coalition against
the Islamic State from the state level (Cullison, 2021). As a result, the relationship between the
United States and the Islamic state is equitable, owing to the heightened risk that Islamic
circumstances provide to the globe and the United States' economy via terrorism.
Government Structure
Because the state requires everyone to adhere to Islamic law, the Islamic state government
structure is shaped by the Islamic law. Consequently, A unique feature of the Sultanate's
government structure is its relationship with the Ulama, which is not typical in many other criminal
justice systems. By adhering to Islamic law, the Ulama guarantees that the political administration
is able to accept accountability. As a result, the laws stipulate that all government procedures must
THE ISLAMIC STATES 6
adhere to their spiritual traditions and norms. As long as the political government adheres to
Islamic law, the Ulama may ensure that it will be held accountable. Therefore, all government
operations must be in accordance with their spiritual traditions and standards, as stipulated by the
laws of the land.
Basis of the Law
The Islamic State has established a legal framework known as Sharia, which controls the
whole state. Observing the life principles of Muslims, the Sharia requires that people adhere to
contribution practices, fasting, prayer practices, and following the regulations, amongst other
things. People may conduct their lives in harmony with Allah's will if they are based on this
foundation of law, the Islamic society. In general, Islamic governments have a wide range of legal
systems, all of which must function in unity with Islamic principles.
Elements of the Criminal Justice System
Even while it has similarities with other countries, the criminal justice system of an Islamic
state is not the same as that in the United States. The police force, the court system, and punitive
criminal justice, all of which are based on Islamic law, are the three primary components of the
Islamic criminal justice system. The criminal justice system guarantees that all offenders get a
punishment that is proportionate to the seriousness of their error and does not show compassion for
them.
The Crime
For the last several months, Miss Karen had been living in the Islamic state, and she had
become lonely and bored, particularly since she had to work between school, her employment, and
the home where she lived. In order to avoid breaking the state's rules and getting into trouble,
Karen avoided going out altogether. Besides regulations pertaining to sex, Miss Karen was well-
versed in the numerous other restrictions that existed in the nation. As a result, she persuaded her
neighbor's spouse into having sexual relations with her, but the man's wife discovered them while
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they were in their home. Miss Karen was thrown outside by the lady, who was enraged by what she
had seen. In the event that she was ever seen in their complex or around her husband again, she
vowed to murder her. Miss Karen received a visit from police officials who asked that she be
arrested for invading and adultery after a few days of forgetting about the event and her job and
school. It was decided that she should be taken to the police station to record her statement and
begin the process of establishing her case.
Specific Laws
The Islamic State maintains very stringent regulations against adultery and infringing on
other people's property. Extramarital sex is deemed unlawful by the state, and those who engage in
it must face severe penalties. Adultery, fornication, and homosexuality are all termed Zina (Mir-
Hosseini, 2011). Due to the fact that sexual crimes are considered legal crimes in this situation, a
defendant found guilty of sexual crimes will be prosecuted as such. Respect for people's properties
is also demanded by the state, which ensures that nobody enters another person's house without
their permission or invitation. When Miss Karen went to her neighbor's home without her
permission, she made the situation much more awkward by wooing the husband of the neighbor's
wife. She was the one who encouraged the guy to commit adultery, and she was also about to
engage in fornication.
Involvement with Law Enforcement
When Miss Karen was detained, the police officers took her by the shoulders and explained
her faults to her as they loaded her into the police car. As soon as she arrived at the police station,
the policemen wanted to know what she had done and if the claims against her were accurate.
However, the cops requested that things be unpleasant for her if she did not tell what had transpired
until she had had legal representation. After pressing for an answer, they would repeat the same
statement again and over "In this country, do you have any idea what it's like to be a woman? Yours
is not a patriarchal society in which women are in control." The truth had to be revealed, and Miss
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Karen pleaded for an attorney before anything further could be done. In the end, they left Miss
Karen alone in the interview room without saying anything, and it took four to five hours before
they agreed to her request for a legal representative in her case.
Detention Procedure
Miss Karen did not have a good experience throughout her confinement since her conduct
was a shame to women, and she was a foreigner who had disobeyed Muslim laws. Other women
bullied her while she was in detention, and the judge refused her release until the conclusion of her
case. The police researched her immigration status and criminal history in the United States during
the time between the two procedures to see whether she had a history of the same kind of behavior
that she was found guilty of in the Islamic Republic of Iran. Although she did not have diplomatic
immunity, they determined that her immigration records were clean. It meant that she would face
the full force of the law for her crimes against the Islamic State and that she would not be excused
for her errors. Karen was summoned before a court, who sentenced her to 100 strokes of the cane
in jail. Because of this, she would get five strokes every day until the hundred strokes were
completed. In this particular instance, the length of her sentence was determined by the number of
strokes she suffered.
Incarceration Method
Miss Karen's punishment method consisted of receiving five strokes per day until she had
received 100 strokes. Immigrants in an Islamic state are never fortunate since they face harsh
punishment and an arduous detention procedure that is never straightforward. During her sentence,
Miss Karen was also responsible for cleaning the prison bathrooms on a daily basis. It was the
most heinous punishment, particularly considering how little bathing they got. In jail, she had a
difficult period during which she contracted diseases on many occasions that were left untreated.
She was deported back to the United States after completing her penalty and was barred from
returning to the Islamic state.
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Effectiveness
If you are an immigrant in an Islamic state, you will find that the criminal justice system in
that country is not as fair as in other nations. Because they have a difficult time ensuring that their
arguments are heard, immigrants are the most unfortunate persons who end themselves in difficulty
(Reliefweb, 2021). According to the United States, at least, they also face a more severe penalty
than they did for the error they committed. It is clear, for example, that the criminal justice system
is fair in the case of a New York man who was sentenced to 30 years in prison for several errors he
committed over his life (Justice, 2021). The penalty, on the other hand, is effective according to
their rules, which are based on their sacred scriptures. A major goal of the criminal justice system
is to promote peaceful cohabitation between immigrants and Americans, as well as to ensure
justice is delivered when the law is breached by either party.
Human Rights Perspective
The human rights viewpoint in an Islamic state is that Miss Karen's treatment guaranteed
that her neighbors were given equal protection under the law. They also made certain that they
received the appropriate penalty in accordance with religious precepts. Those who live in the state
will only get proper treatment if they obey all of the Quran's commandments and abide by societal
standards in this situation. As a result, Miss Karen received the punishment she deserved in
accordance with Islamic law, despite the fact that this goes against the recommendations of many
other nations regarding the criminal justice system. So, the Islamic state prioritizes justice,
equality, the protection of its residents, and human dignity over the welfare of an immigrant
criminal, as shown by the following: Her human rights were violated because the detention center
ignored Karen's health, even though she was a convicted felon, despite her illness.
Biblical Worldview
Fornication and other sexual crimes are explicitly condemned in the Bible, which contains
several lessons and cautions regarding adultery, fornication, and other sexual sins. In Hebrews
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13:4, “Marriage should be honored by all, and the marriage bed kept pure, for God will judge the
adulterer and all the sexually immoral” (NIV, 2011). It demonstrates that any attempts to end a
marriage because of adultery are illegal and punishable by law. Adultery is punishable by death in
the Old Testament, despite the fact that the New Testament commands that adulterous persons be
stoned until they die. The adulterous individual would nonetheless die as a result of the stoning,
regardless of the method used. Even though the consequences for adultery and fornication are
different, the criminal justice system is consistent with what the Bible teaches about these crimes.
However, another verse, Leviticus 20:10 says, “If a man commits adultery with another man’s wife
—with the wife of his neighbor—both the adulterer and the adulteress are to be put to death” (NIV,
2011). So, looking at this not just one person is committing a crime in this case there are two.
Conclusion
To summarize, the Islamic State has stringent regulations that are entirely based on the
Quran. Those who do not adhere to the norms of the Islamic state face severe punishment without
any leniency, which is particularly harsh for foreigners. The criminal justice system differs from
other systems in that it has a distinct structure; nonetheless, it has virtually the same rules and
applies them in the same way. It is critical to understand that the Islamic state's criminal justice
system carefully adheres to its religious rules, which means that any faults are punished harshly
and without regard for the victim's feelings. It is clear from Miss Karen’s case that the nation does
not play games with its laws and that all sexual claims are taken very seriously in this country. The
state's criminal justice system is not totally functional since it should enable inmates to get medical
treatment even if their faults were significant and serious, which is not the case. We may claim that
Miss Pauline received heavy punishment, perhaps even more than she warranted, however, the
Islamic state does have its own set of standards for assessing and punishing its citizens.
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