Terrill: World Criminal Justice Systems: A Comparative Survey


Case Studies

Chapter 7: Islamic Law

Abboud is a Sunni Muslim who has committed theft in a local electronics shop. Abboud was apprehended shortly after his theft and was found with the stolen electronics in his possession. Abboud admitted to committing theft and attempting to sell the electronics he had stolen so he could buy some more expensive electronics for himself.

Questions

  1. In what religious text or category would you find reference to this particular crime in Islamic Law?

    Correct Answer

    This is a hudud crime that would be found in either the Sunna or the Quran.

  2. What is the composition of this category of religious and legal reference?

    Correct Answer

    The Quran includes Islamic scripture; the Sunna are the verbal, practical, and approved practices of Islamic law.

  3. What might be Abboud’s punishment, and what would be the philosophy behind that punishment under Islamic Law?

    Correct Answer

    Sanctions tend to be quite harsh and are designed to protect the public interest. This may include the cutting off of hands, death, banishment, imprisonment, or striking. Punishment is based on severity and type of crime and should be public. It is designed to inflict severe pain to prevent the perpetrator from ever forgetting the sanction and to cause the offender to cease his or her criminal lifestyle.

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