Law 213: Islamic Criminal Justice System delves deep into the heart of the Islamic legal framework, exploring the principles, practices, and evolution of criminal justice within an Islamic context. This comprehensive course offers a thorough examination of the Sharia-based criminal justice system, contrasting its foundations with contemporary legal systems worldwide. Students will explore the Quranic injunctions, Hadith, and classical fiqh literature that form the bedrock of Islamic penal law, including the Hudud (fixed punishments), Qisas (retribution), and Diya (blood money). Through a critical lens, this course also addresses the challenges and critiques faced by the Islamic criminal justice system in modern times, including human rights concerns, application variances across different Muslim-majority countries, and the potential for reform within the framework of Islamic jurisprudence.
This exploration is not merely academic but is aimed at fostering a nuanced understanding of the values of justice, mercy, and social welfare that underpin the Islamic criminal justice system. By examining case studies, contemporary debates, and reform initiatives, students will gain insights into the dynamic interplay between Islamic law and societal needs in addressing crime and punishment.
Overall Objectives for this Course:
By the end of this course, students should be able to:
- Articulate the foundational principles and sources of the Islamic criminal justice system.
- Compare and contrast the Islamic criminal justice system with other global legal systems.
- Analyze the application and impact of Hudud, Qisas, and Diya in historical and contemporary contexts.
- Evaluate the human rights implications of Islamic penal law and its compatibility with international norms.
- Assess the diversity of interpretations and applications of criminal justice in various Muslim-majority countries.
- Explore contemporary debates and reform efforts within Islamic criminal justice.
- Develop critical thinking and analytical skills through the examination of case studies and legal texts.
- Propose informed perspectives on the challenges and future directions of Islamic criminal justice in a globalized world.
Curriculum
- 15 Sections
- 0 Lessons
- 14 Weeks
- Reading ProjectFor the course on the Islamic Criminal Justice System, one highly recommended book that thoroughly covers the topic is “Crime and Punishment in Islamic Law: Theory and Practice from the Sixteenth to the Twenty-First Century” by Rudolph Peters. This book provides a comprehensive overview of the principles and applications of criminal justice in Islam, tracing its development and practice in various Islamic societies from historical times to the present. It’s an excellent resource for students to gain a deep understanding of the complexities and nuances of Islamic criminal justice, including its foundations, methodologies, and contemporary issues.0
- Week 1: Introduction to the Islamic Criminal Justice System0
- Week 2: Quranic Injunctions and Hadith on Crime and Punishment0
- Week 3: Hudud Punishments: Theological Foundations and Modern Controversies0
- Week 4: Qisas and Diya: Principles of Retribution and Compensation0
- Week 5: The Role of Ijtihad and Qiyas in Islamic Penal Law0
- Week 6: Comparative Analysis: Islamic and Western Criminal Justice Systems0
- Week 7: Gender and Justice in Islamic Criminal Law0
- Week 8: Juvenile Justice and Rehabilitation in Islamic Law0
- Week 9: Islamic Law and International Human Rights: Points of Convergence and Divergence0
- Week 10: The Practice of Islamic Criminal Justice Across Different Muslim-majority Countries0
- Week 11: Contemporary Challenges: Terrorism, Cybercrime, and Islamic Law0
- Week 12: Reform Movements and the Future of Islamic Criminal Justice0
- Week 13: Case Studies in Islamic Criminal Justice: Analysis and Discussion0
- Week 14: Synthesis and Reflection: Navigating the Path Forward0