Islamic Justice Is The Penalty Of Hand Amputation Essay

The modern day legal system has caused a curious discourse regarding the separation of violence and the implementation of the law. Robert Cover proposes that the legal interpretation of the law, coercion, and violence, are not as separate as many might believe. In fact, he argues that they overlap to the point where they become indistinguishable from one another. I will briefly discuss the relationship between law and violence according to Robert Cover to show that he does not believe the two concepts are mutually exclusive. I will then address the idea of capital punishment as both a physical and legal violence done by the law and will continue by discussing sites of legal violence with the problem of mass incarceration. Legal violence is

“Who so sheddeth man’s blood, by man shall his blood be shed.” (Genesis 9:6) There is an ancient tradition going back to biblical times that a fitting punishment for murder is the execution of the murderer. In this paper I will critically explain Pojman 's “Defense of the Death Penalty”. I will go over what his opinion on the death penalty and the deontologists and consequentialists point of views.

Muslim Hands is an international NGO working directly and indirectly with children under the age of 18. Muslim Hands Child Protection Policy is intended to demonstrate commitment in safeguarding from harm and creating a safe and positive environment for children. It applies to all staff, volunteers, interns and contractors of the organisation who have direct or indirect contact with children

Notably, as Muhammed standardized the Five Pillars of Islam for the “umma,’’ or community of faithful, multiplying followers stayed true to his legal doctrines. Ever since early Islam, the ‘’Sharia’’ stabilized the cults law, even if it combated Greek, Persian, and Indian nations. Along with cultural topics, the Sharia gave

Islamic laws can controversial at a times due to ambiguity of Qur’an. When Muslims are not sure about Sharia law they usually ask a Mufti. Mufti, after considering the issue, then issue a Fatwa, “a legal answer to a question a Mufti was asked to address” (Hallaq, 9). For example, theft is committed when something is taken from its appropriate safe place. One might ask what is considered a “safe place” and Muftis will issue a Fatwa identifying what qualifies as a safe place. Muftis determines punishment for Hudud based on the Qur’an (citation). For example, the punishment for theft is the cutting off of one’s hand, which raises the question of what is considered a hand. Is it up to one’s wrist, up to one’s elbow, or up to one’s shoulder? Given the vagueness of the Qur’an, Muftis will study it thoroughly before issuing a Fatwa. While Muftis place much emphasis on textual analysis of the

Since Ahmad Baba points out that Islamic law permitted a Muslim to raid and enslave non-Muslims, do you think that the non-Mulsim Mandinka (Mandingos) would have considered it justifiable to enslave Ayuba, since he was a Muslim?

Even though America’s prisons are illustrated as a credible approach for individuals and institutions to bring justice, it has done a poor job to properly convict people for criminal acts and instances of violence, and to provide victim’s with satisfaction for due justice. Karakatsanis further evaluates upon the process of convictions in America. For instance, he examines the techniques that help support a court verdict, when he writes, “For many decades, American courts have allowed criminal convictions based on policing and forensic techniques that lack a scientific basis. Even after these methods were formally exposed as unscientific by the most prestigious collection of American scientists, police, prosecutors, and courts continued to use them every day nonetheless” (Karakatsanis (265). In accordance with Karakatsanis, the process for criminal convictions are largely flawed. In particular, eyewitness testimonies from police and evidence from forensic lack a significant scientific groundwork, and such approaches have been heavily scrutinized and criticized by the scientific community. Even with such criticism, there have been a lack of an institutional reform to rectify these imperfections. Subsequently, the methods for criminal convictions are often unreliable. Subsequently, plausible consequence may include how criminal suspects may be wrongful convicted of a crime that they were never involved in, and the victim’s or the victim’s family’s desire for justice may never

Yet, the punishment of life sentence allows criminal to maintain social interaction and inflicts much less pain on his acquaintances. In terms of consciousness and happiness, the capital punishment deprives criminal of his perception and sensation, two essential abilities of human beings, and permanently excludes him from all beauty and enjoyments in the world. Although retentionists might say that the long-term imprisonment is more painful since it evokes an endless feeling of tediousness and suffering, it is undeniable that the capital punishment irreversibly eradicates the possibility of feeling happiness. Literally a denial of life, capital punishment is incomparable to other punishment in depth and severity, while at the same time it is the harshest punishment that has no crime deserving it because an individual’s humanity can be denied under no circumstance.

Throughout this chapter I discovered many aspects that peaked my interests. The first of these was the way Islam chooses to punish criminals. In this chapter I was able to see how harsh Islam punishes criminals, which came as somewhat of a surprise to me. Some examples of punishment included, theft could result in the criminal getting their hand chopped off, for committing adultery one could be stoned to death, and for corrupting the earth the punishment is death by sword or fire. These punishments certainly interested me due to them being so harsh and inhumane, unlike the United State punishments which are typically just prison time or probation.

“Islam’s original principle is the common or joint possession of property amongst the slaves of God, so that each one takes according to his needs, the basic needs of a traveler (passing through this life to the next true and lasting life)” (Taha, 138), it is also important to note that this statement is made in a section titled “Capitalism Is Not An Original Precept In Islam”. Taha references Muslims as ‘slaves of God’, or submitters, who should have their needs met and then contribute to the needs of others. Much of this communal nature is attributed to the tribal history of many Islamic peoples, and the descendants of these people still have an egalitarian outlook on the world in which they live (Kanna, 109).

Sharia law is an ancient compilation of religious rules that most Muslim nations seek reference in governing their people. Also defined as Islamic law, the essence of sharia laws emanated from the life of Prophet Mohammed known as the hadiths as well as the Quran teachings. The hadiths entail the vocal expressions of prophet Muhammad on divine life and his condemnation of immoral behavior that undermine the acceptable way of life. The teachings are accepted by the Muslim community who affirm that Muhammad’s teachings supplement the functionality of the Quran. On the other hand, the Quran, which forms the core reference on Muslim beliefs and regulations provides moral and spiritual guidance among the Muslims. It also dictates how the Muslims should interact with the non-Muslim community without contravening on the sharia doctrines (Hallaq 20-25).

The different types of crime which happen in an Islamic country depend on the cruel and unusual punishment. Hudad crimes (apostasy, revolt against the ruler, theft, highway robbery, adultery, slander and drinking alcohol) carry mandatory penalties such as the amputation of the hands and feet, flogging and even death. Quesas crimes (murder, voluntary and involuntary killing, and intentional and unintentional physical injury) involve sanctions of retaliation or compensation for the victim or his/her family. If any other offenses have been committed and there is not a penalty, they are in the category of Ta’azir and the judge is then given the discretion to determine the penalty of such offenses (Bassiouni, 1982).

In society there many things that are debated among the people based on their beliefs, morals, and values. For this paper chose the death penalty because it is one of the highly debated topics in not only today’s society but also in the past. The death penalty, also known as capital punishment, it used as a procedure of retaliation against those who commit violent crimes such as murder and other capital crimes. There are many forms of this punishment, for instance, the electric chair, lethal injections, and the firing squad. There are many feelings and arguments in relation to capital punishment. Some people believe that the death penalty is moral because they deserve it and it provides protection to the society. However, in this paper I will argue that capital punishment is totally immoral because it is not fair, is it unnecessary, and unethical.

The world’s fastest growing religion that originated in the Middle East may have a lot more in common with a philosopher from Ancient Greece than many may think. Although Islam came many years after Plato, and originated in a completely different part of the world, they have major key similarities. Some of these similarities include both of their views on the soul, Plato’s philosophy and Sharia (Islamic Law), and their view on the concept of moral absolutism. The astounding similarities will be discussed further in the following paragraphs.

Capital punishment is beneficial to the community. It provides the society with a sense of security. The death penalty contains a positive influence on the future. A heavily debated topic is, “Does capital punishment deter people more than a life sentence to prison?” An explanation on why will be covered later. An issues many people have with capital punishment, is when it is just or not just. This is a topic many stray away from, because it is difficult to decide. Finding the right consequence for an action is difficult. While this paper is for the use of capital punishment, it is clearly not needed for every crime, or even every murder. Overusing capital punishment, such as using it for every murder, will negatively impact the country, and not using it has the same effect.