Dutkowski, James CRJ 102-DED02 Assignment Four April 26, 2010 What are the principles that inform

Islamic law? There are four sources or principles that inform Islamic law which are the Koran, the teachings of the Prophet Muhammad, a consensus of the clergy in cases where neither the Koran nor the prophet directly address, and finally reason or logic. (Schmalleger, pg.619) How do these principles contribute to the structure and activities of the criminal justice systems of Muslim nations that follow Islamic law? Islamic law, in many Middle East countries, is based off of teachings of Islam and of the Prophet Muhammad. Muhammad enacted many laws to teach men how to live and what to do in order to achieve salvation. The principles created the structure as it is today based on duties and rituals. These were founded on legal and moral obligations. The Criminal justice system in the Arab philosophy has four aspects, according to Sam Souryal and his coauthors; 1.) A sacred trust, a duty imposed on humans to be discharged sincerely and honestly. 2.) A mutual respect of one human being by another. 3.) An aspect of the social bond that holds society together and transforms it into a brotherhood in which everyone becomes a keeper of everyone else and each is held accountable for the welfare of all. 4.) A command from God. Whoever violates Gods commands should be subject to strict punishments according to Islamic tradition and belief. (Schmalleger, pg. 619) Your opinion counts. 1. Compare the fundamentals of Islamic law to American law. 2. What are the major differences? 3. Could American society live under the principles of Islamic law?

American law and Islamic law vary fundamentally. Islamic law is based off of religion and teachings of the Prophet Muhammad and American law is based off of the constitution that a group of men wrote and the states voted on. American law can be changed with enough people thinking a certain way and a process to change it. If the Koran says one thing then it probably will not be changed in Islamic law. The two major differences that I will discuss here is how some minor crimes in our law is a major offence in Islamic law and how our laws allow for appeals while Islamic law rarely does. In American Law theft can be a very minor offence or a serious offence depending on what you steal. Punishment for theft could be a probation or fine to be paid up to jail time. In Islamic law the punishment could be jail time but also in accordance with the Koran a thief can have his hand amputated from the wrist. The Almighty Allah (S.w.T.) says in Surah al-Mida: And (as for) the man who steals and the woman who steals, cut off their hands as a punishment for what they have earned, an exemplary punishment from Allah, and Allah is Mighty. (qtd. Imamreza.net). This is similar to corporate punishment and early on in American law we practiced similar punishments. Though in Islamic law they are practicing this punishment because the Prophet Muhammad preached about it. Another crime that is a major difference in Islamic law and American law is adultery. In America adultery is way to common and is not punishable by law. Though I think there should be some sort of punishment in America because it has brought our society to think less of the bond of marriage. In Islamic law a person found guilty of Zina, or adultery, can be punished according to Shira law to death by stoning. This is not a common punishment in all Muslim countries but it still does happen. Some countries that practice strict Sharia law are Saudi Arabia, the United Arab Emirates, the Sudan, and some of the northern states of Nigeria in these countries you could possibly still see the practice of stoning to death for adultery. (religioustolerance.org) Something that Islamic law rarely allows while American law allows too much is the use of appeals. Though more Islamic countries are adopting and allowing more appeals it is still something that is not easy to get and is rare. In American law there rarely is a court case that does not end with some sort of appeal or multiple appeals. This is a controversial issue because some say that appeals waste the time of the courts while others say that it protects the innocent from spending time in prison for a crime they did not commit. The countries that practice Islamic law are changing to allow for more appeals but it is still a major difference then American law.

American Society would not be able to live under Islamic law because the majority of Americans are not Muslim, and technically we would not be charged under Islamic law. You are supposed to be exempt from the provisions of Sharia law if you are a non-Muslim or a Christian. (religioustolerance.org) As well our societies way of thinking is to separate state and church and we would not be able to accept something that not everyone believes in. If this were the case we would have a Christian type law. Would we be able to find a balance in our society to start allowing Sharia law to be only effective for Muslims? I still do not think so because then it would be unfair to nonMuslims because Muslims would be able to choose which legal system they want to fall under and depending on the charge they can choose the one that gives them a lesser degree of punishment. There are some major differences in Islamic law and American law but there is just to many to discuss and there is not one system of Islamic law in todays society. Most Muslim countries have their own version of Islamic law that is being practiced and to a varying degree.

Works Cited "Punishment for Adultery in Islam." ReligiousTolerance.org by the Ontario Consultants on Religious Tolerance. Web. 27 Apr. 2010. <http://www.religioustolerance.org/isl_adul2.htm>. "Punishment for Theft in the Islamic Laws || Imam Reza (A.S.) Network." Imam Reza (A.S.) Network Web. 27 Apr. 2010. <http://www.imamreza.net/eng/imamreza.php?id=7467>. Schmalleger, Frank. Criminal Justice Today: An Introductory Text for the 21st Century. New York: Custom. Print.