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Alternative title:

The role of criminal law in the system of total theocracy in a Muslim state

Subject and Keywords:

Islam   criminal law   totalitarianism   theocracy

Abstract:

The aim of the study is to answer the question whether the way the system of criminal responsibility is shaped in classical Sharia law influences the characteristics of Islam understood as a political system seen as a total theocracy. The article presents the basic assumptions of the criminal law in Islam, focusing on the categories of crimes distinguished by traditional Muslim jurisprudence. The perceived features of Koranic criminal law regulation are juxtaposed with the attributes of criminal law of non-democratic systems, which leads to the conclusion that in the sphere of criminal law, there are many elements the two systems have in common. The individual’s position and the degree of protecting their rights resulting from the criminal law of Islam seem to make it impossible for a system based on classical Islamic law to meet the requirements of a modern democratic state.

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Date issued:

2021

Resource Type:

text

Detailed Type:

article

Identifier:

ISSN 0239-6661   ISSN 0137-1126

DOI:

10.19195/2300-7249.43.2.33

Source:

PAd P 101182 II

Language:

pol

Abstract Language :

eng

Relation:

Acta Universitatis Wratislaviensis, 0239-6661, no 4069

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o., Wrocław 2021   Copyright by CNS

Autor opisu:

WR U/PAdal