Criminal Justice under Shari’ah in the 21st Century - An Inter-Cultural View

Bohlander, Michael; Hedayati-Kakhki, Mohammad M.

doi:10.1163/157302509x467353

Criminal Justice under Shari’ah in the 21st Century - An Inter-Cultural View

Bohlander, Michael; Hedayati-Kakhki, Mohammad M.

Authors

Professor Michael Bohlander michael.bohlander@durham.ac.uk
Professor

Mohammad M. Hedayati-Kakhki

Abstract

This paper tries to analyse some of the basic issues arising in the conversation between legal systems based on Shari'ah and those based on secular traditions, as well as the efforts of the law-makers in the former to adapt to changed expectations in modern society. The argument focuses on the area of criminal law and highlights concepts such as hudud crimes, apostasy and al-diyah. The authors advocate an increased dialogue and ultimately the creation of a Centre of Global Ijma as a forum in which Islamic and other legal scholars could meet to discuss their respective approaches to legal issues of global interest in order to avoid unnecessary ideological clashes and to provide a base for global policy-makers to draw upon in their decision-making process.

Citation

Bohlander, M., & Hedayati-Kakhki, M. M. (2009). Criminal Justice under Shari’ah in the 21st Century - An Inter-Cultural View. Arab Law Quarterly, 23(4), 417-436. https://doi.org/10.1163/157302509x467353

Journal Article Type	Article
Publication Date	Jan 1, 2009
Deposit Date	Sep 15, 2011
Journal	Arab Law Quarterly
Print ISSN	0268-0556
Electronic ISSN	1573-0255
Publisher	Brill Academic Publishers
Peer Reviewed	Peer Reviewed
Volume	23
Issue	4
Pages	417-436
DOI	https://doi.org/10.1163/157302509x467353
Keywords	Shari'ah, Usul-al-fiqh, Islamic criminal justice, Comparative law, Ijma, Ijtihad, Hudud crimes, Al-Diyah.