Sharia Law Essay

In the United States there are four main goals when it comes to punishment which are retribution, deterrence, incapacitation, and rehabilitation (DeJong, 2016, p. 288). The main goals for these punishments are to maintain order over society and to prevent recidivism (DeJong, 2016, p. 288). This ties into the Ecology perspective. By maintaining order over society and preventing recidivism, it ties into all of the issues regarding the Ecology perspective which requires for each issue to address the individual, family, community and society. Maintaining order over society and preventing recidivism strives toward making a safer environment for the individual, family, community and society. There is no universal agreement for making the severity of punishment just or fair (DeJong, 2016, p. 288). When it comes to retribution the person who is getting punished deserves the punishment (DeJong, 2016, p. 289). Retribution refers to when an individual commits a certain crime then that person must receive a punishment proportionate to that crime or suffering that they may have caused towards the victim (DeJong, 2016, p. 289). Regarding deterrence there are two types, general deterrence and specific deterrence (DeJong, 2016, p. 289). General deterrence focuses on the society in general and wants to scare everyone away from committing crimes (DeJong, 2016, p. 289). Specific deterrence focuses on criminals that have already been convicted and wants to prevent them from

It is believed that punishment works to protect people from their criminals as it used to be seen as a fear in people’s mind to avoid inappropriate behaviour against other people, harming other people in certain ways and breaking the laws set by society or government. Punishment is a common view of human beings and they choose to behave appropriately towards their duty to follow rules set out by government laws to avoid fines or sentences. Sentencing is categorised n various degrees depending on the type and severity of crime committed, and imprisonment is considered as most common way to protect communities from its offenders and deterrent to re-offending all over the world. As Murray (1997) claims that punishment reduces crime

When a defendant is found guilty of a crime, it is the court’s role to decide upon a sentence that should be given to the offender. Typically, Magistrates and Judges are the main people that decide on sentences in the legal system. During the sentencing phase, there are specific rules by government that have to be followed when deciding on penalties and sentences. Every crime is given a maximum sentence, which is set based upon the type of crime committed. The four categories of sentencing are: custodial sentences, community sentences, fines and probation. There are also noncustodial sentences set in place as well. Furthermore, I will go into depth about the different sentencing that is used by the

　　Punishment is a necessary evil, it is required to deter criminals from committing crimes and to serve as an example to other potential criminals

First deterrence, society has learned that when a criminal act is committed, there is a price to be paid. They understand that the criminal justice system is serious in its commitment to punish anyone who perpetuates a crime against another person or society is going to be held accountable for that crime. Second we come to retribution. Once a crime has been committed there must be a cost incurred. Criminals understanding that they will be held accountable for their actions, and they will have to pay a price for their actions and that price will be enforce. Third is incapacitation, which is the most common type of punishment used within the criminal justice system. People understand that their freedom will be taken away and they will be forced to live in a very closed and restrictive environment. The last word is rehabilitation which can take many forms; some of the most common are aiding prisoners in acquiring their GED, attending drug programs, training in job programs and anger managements groups. The hopes

Any crime that is committed must have a punishment linked to it to avoid a repeat of the offense. Serious crimes, for example, those that involve a murder obviously need the jail sentence that comes along with them. Nonviolent crimes, such as theft or littering could receive cheap and personal punishments with the implementation of shaming.

These four types of laws are civil law, common law, Islamic law, and socialist law. Civil law has five basic features. The first one being civil law is written and has codes of conduct. By the codes being written they create conduct in civil law. The second one being they don’t officially identify precedent meaning law is not binding. The third being it is an inquisitorial system that seeks finding the truth making sure innocent people don’t go to trial. The fourth one being civil law they don’t tpyically use injuries and their jurors don’t have the same role as other laws have. Finally, the fifth one being civil law uses judicial law lightly. There are also five basic features of common law. The first one being common law is unwritten and stresses rule of law. The second one being common law looks to the precedent for wisdom and respects them. The third one being it is adversarial and uses a defense mechanism. The fourth one is it uses a grand petit juries meaning indictment by grand jury is known here. Finally, the fifth one being it uses judicial review where the judiciary’s examination is important. Islamic law has two basic features. The first one being Islamic law is written and contains ideas from Qur’an. Finally, the second one being is that it is both inquisitorial adversarial system, precedent doesn’t exist, and no use of injuries meaning the judge hears cases here. Socialist law has two basic features.

Today punishment is the most dominant correctional goal of both the state and federal government in response to criminality. The purpose of punishment is to protect society, rehabilitate criminal offenders, and reduce recidivism. In both the state and federal correctional institutions, their objectives are to use punishment as form deterrence while

1) Identify specific financial statements auditing concepts and procedures that could be applied in determining whether an Islamic bank has been Shari’a compliant during a given financial reporting period?

In addition it is usually the fear of being caught that is more of a deterrent and that while crime detection rates are low, the threat of an unpleasant penalty, if caught, seems to be remote. The value of general deterrence is even more doubtful as potential offenders are rarely deterred by severe penalties passed on others. The main aim of rehabilitation is to reform the offender and rehabilitate him into society. It is a forward-looking aim, with the hopes that the offender’s behaviour will be altered by the penalty imposed, so that he or she will not re-offend in the future (it aims to reduce crime this way)

The Quran tenets encompass various life aspects that include God’s teachings, the way of harmonious living in the community, moral virtues, the regulations on financial matters, and specific obligations among Muslims males and females. In general, the sharia law is an extended platform that provides guidance on family affairs, criminal judgment, political perception, and economic factors. The law thrives on the precepts of religious attributions to God. Since the emergence of sharia law, various Islamic nations have endorsed most or parts of the

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).

Crime is considered to be some breech or violation of behaviors which stand in opposition of rules or norms instituted by some governing body. Some actions are considered to be crimes throughout most societies in history; murder or physical abuse can serve as an example as an example. However, the majorities of things that are considered crimes are more of a subjective nature and vary widely in different societies. In many societies it is a crime to be an atheist or to be homosexual for example, while in other societies these items are tolerated and in some cases are considered social norms. Furthermore, when an individual is considered to have committed a crime, the punishments for these crimes also can vary widely depending on the culture, the social norms, the position of the authority figure, as well as a plethora of other factors. This paper will analyze some of the different forms of crime and they develop and how they are treated in different societies.

Sharia – law believed to have originated from the “Koran, hadith, ijam, and qiyas” (Dictionary)

Rule of law in simplest terms means law rules, that is, law is supreme. The term “Rule of law‟ is derived from the French phrase “la principle de legalite” (the principle of legality) which means a government on principle of law and not of men. Rule of Law is a viable and dynamic concept and, like many other concepts, is not capable of any exact definition. It is used in contradistinction to rule of man. Sir Edward Coke, the Chief Justice in King James I‟s reign is said to be the originator of this principle. However, concrete shape was given to it by Professor A.V. Dicey, for the first time in his book “Law of the Constitution” (1885) in the form of three principles.