Death Penalty in Islamic Countries and effec of International law
Author(s)
Nayef abdeleljalil elhamaideh , Mohamed Alawabdeh ,
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Abstract
Human beings are capable of extreme vices. With the birth of society, competition for the limited natural resources has become a daily routine where the strongest survive while the weakest perish. In a bid to ensure that a person acquires the best out of the natural resources, human beings go to the extreme to make sure that they protect what they have acquired or in other cases fight for what is left of the natural resources. This kind of struggle is not an easy one. Where a person does anything to protect their assets it is expected that disorder or chaos to be the order of the day. This has manifested itself through the various crimes committed in the society. While other people utilize the law to enhance their protection, other take the law into their own hands and execute their own form of justice. With rising forms of complicated crimes, many governments have set out criminal offences punishable through various methods. For the most heinous crimes, capital punishment or the death penalty was always preferred as a means of deterrence. This form of punishment was utilized till its objection by some jurisdiction during the late 20th century(Hood & Hoyle, 2008). What exactly is capital punishment? It can be termed as a legal way or process of executing a person by the state, which in essence is a form of punishment for a particular type of crime. A death sentence is the judicial decree setting out the punishment while the process involved in killing the perpetrator is referred to as an execution. In addition, all those crimes that attract the death penalty are referred to as capital offences or capital crimes. It is evident that this form of punishment is gruesome and most jurisdictions are distancing their mode of punishment from it. Therefore, it is safe to state that the debate around the death penalty is one filled with controversy. The perception of the punishment varies with the ideologies of a society. These ideologies include political, social and cultural ideologies.
Keywords
Death Penalty, Islamic Countries, International law
References
i. Al-Thakeb, F., & Scott, J. E. (1981). Islamic law: An Examination of its Revitalization. Brit. J. Criminology, 21, 58.
ii. Badinter, R. (2004). Preface-Moving Towards Universal Abolition of the Death Penalty. The Death Penalty: Beyond Abolition.
iii. Bielefeldt, H. (1995). Muslim Voices in the Human Rights Debate. Human Rights Quarterly, 17(4), 587-617.
iv. Coulson, N. J. (1957). The State and the Individual in Islamic law. International and Comparative Law Quarterly, 6(Part 1).
v. David, F. (1999). Forte, Studies in Islamic Law: Classical and Contemporary Application. N.P.
vi. El-Awa, M. S. (1981). Punishment in Islamic Law. American Trust Pub.
vii. Gravelle, K. B. (1998). Islamic Law in Sudan: A Comparative Analysis. ILSA J. Int'l & Comp. L., 5, 1. Gallahue, P., & Lines, R. (2010). The Death Penalty for Drug Offences: Global overview 2010. London: International Harm Reduction Association.
viii. Hood, R. G., & Hoyle, C. (2008). The Death Penalty: A Worldwide Perspective. Oxford University Press, USA.
ix. Jordan, D. A. (2003). Dark Ages of Islam: Jihad, Apostasy, and Human Rights in Contemporary Islamic Jurisprudence, The. Wash. & Lee Race & Ethnic Anc. LJ, 9, 55.
x. Khan, I. (1999). Islamic Human Rights: Islamic Law and International Human Rights Standards. Appeal: Rev. Current L. & L. Reform, 5, 74.
xi. Lippman, M. (1989). Islamic Criminal Law and Procedure: Religious Fundamentalism v. Modern Law. BC Int'l & Comp. L. Rev., 12, 29.
xii. Hosni, N. (1987).La Peine de Mort en Droit Egyptien et en Droit Islamique. Revue Internationale De Droit Pinal, 58 (407), 416.
xiii. Nanda, V. P. (1993, March). Islam and International Human Rights Law: Selected Aspects. In Proceedings of the Annual Meeting (American Society of International Law) (Vol. 87, pp. 327-331). American Society of International Law.
xiv. Neumayer, E. (2008) a. Death Penalty Abolition and the Ratification of the Second Optional Protocol. International Journal of Human Rights, 12(1), 3-21.
xv. Neumayer, E. (2008) b. Death Penalty: The Political Foundations of the Global Trend towards Abolition. Human rights review, 9(2), 241-268.
xvi. Peiffer, E. (2004). Death Penalty in Traditional Islamic Law and as Interpreted in Saudi Arabia and Nigeria, The. Wm. & Mary J. Women & L., 11, 507.
xvii. Reichel, P. L. (2002). Comparative Criminal Justice Systems: A Topical Approach. Upper Saddle River: Prentice Hall.
xviii. Robert P. (2002). Towards an Islamic Critique of Capital Punishment. Ucla J. Islamic &near e.l., 1(269), 285.
xix. Schabas, W. A. (1997). International Law and Abolition of the Death Penalty: Recent Developments. ILSA J. Int'l & Comp. L., 4, 535.
xx. Schabas, W. A. (2000). Islam and the Death Penalty. Wm. & Mary Bill Rts. J., 9, 223.
xxi. Schabas, W. A. (2002). The Abolition of the Death Penalty in International Law. Cambridge University Press.
xxii. Schmidt, M. G. (1996). Universality of Human Rights and the Death Penalty-The Approach of the Human Rights Committee. ILSA J. Int'l & Comp. L., 3, 477.
xxiii. Scott, P.(2000). Despite Islamic Law Yemen Bans Teen Death Penalty. Christian Sci. Monitor.
xxiv. Sidahmed, A. S. (2001). Problems in Contemporary Applications of Islamic Criminal Sanctions: The Penalty for Adultery in Relation to Women. British Journal of Middle Eastern Studies, 28(2), 187-204.
xxv. Steiner, S. (2002). Sharia law. Guardian Unlimited, 20.
xxvi. Wiechman, D., et al. (1989). The Death Penalty: An International View. The Howard Journal of Criminal Justice, 28(2), 124-137.
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