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Full-Text Articles in Religion Law
Due Process In Islamic Criminal Law, Sadiq Reza
Due Process In Islamic Criminal Law, Sadiq Reza
Faculty Scholarship
Rules and principles of due process in criminal law--how to, and how not to, investigate crime and criminal suspects, prosecute the accused, adjudicate criminal cases, and punish the convicted--appear in the traditional sources of Islamic law: the Quran, the Sunna, and classical jurisprudence. But few of these rules and principles are followed in the modern-day practice of Islamic criminal law. Rather, states that claim to practice Islamic criminal law today mostly follow laws and practices of criminal procedure that were adopted from European nations in the twentieth century, without reference to the constraints and protections of Islamic law itself. To …
Punishment, Guilt, And Shame In Biblical Thought, George P. Fletcher
Punishment, Guilt, And Shame In Biblical Thought, George P. Fletcher
Faculty Scholarship
The centrality of guilt in the criminal law provides puzzling perspective in the perennial debate on the nature and purpose of punishment. Why is it that all legal systems use this highly charged moral term to refer to an essential component of liability to punishment? This question is not easily answered. The reliance on the concept of guilt in the criminal law is suffused with paradox and mystery.