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1 1 ([1975])

handle is hein.llcr/locafti0001 and id is 1 raw text is: ISLAMIC CRIMINAL SYSTEM By Dr. G. . Vafai, Senior Legal Specialist Near Eastern and African Law Division. Law Library of Congress *, The resurgence of fundamentalism in Islamic countries of the world and a tendency to apply the Islamic legal system known as Shari'ah in some of the Islamic countries and in particular introduction of Islamic criminal law in certain Islamic countries, have, in general, drawn the attention of the legal researchers and criminologists to search and re-evalutate the merits of the Islamic criminal system. This is particularly true of the jurists of the countries with constitutions based on the principle of separation of religion and the state. The penal system of these countries is based on the strict observance of due process of law , giving too much weight to the cause of the defense rather than the victim of the crime. To some of the jurists the penal system in such countries has failed to achieve the very purpose for which it was originally created, i.e., to provide security and order in the society where people could freely move day or night without fear of being robbed or killed. It is generally believed that the penal system must act more decisively and swiftly by introducing harsher punishments when the security of the general public is at stake, This should not deviate the attention from the fact that crime is a social and economic disease the roots of which must be sought in the weakness of ethical and family values and education system. In the absence of those values retributive punishments must be omnipresent to instil fear in the mind of the potential criminals4 The following is a very brief introduction into the Islamic criminal system of which the West has very little knowledge and misunderstanding in general, Criminal law of Islam embraces most of the categories of crimes as defined in Western criminal system as well as torts, and thus covers a large area of human activities. Generally speaking, duties and obligations of a Moslem normally fall within two major groups: Haqq Allah (God 's right ) , or Ilagqun Ness (people's right), The importance of this type of grouping is that certain crimes are considered as having committed againt God's right and LL.E. Tehran University; M.C.L. Southern Methodist University Law School, Dallas, Texas ; JD (Islamic Jurisprudence and International Law), Tehran University Law School.

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