Court Ceremonies, Ritual and Symbolism
How Islamic Law and English Common Law are Conceptualised and Apply to an Unlawful Killing
Bibliographic Data
| ID | 14971007 |
|---|---|
| Authors | Ann Black (0000-0002-0433-8696, corresponding author) |
| Year | 2012 |
| Volume | 21 |
| Issue | 2 |
| Pages | 499-532 |
| Publication date | 2012-01-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | Griffith Law Review (JOURNAL) |
| Journal identifiers | ISSN: 1038-3441 • E-ISSN: 1839-4205 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/10383441.2012.10854751 |
| OpenAlex | W2011816676 |
| Language | EN |
| References cited | 12 |
Islamic criminal law as it is practised in several Muslim nations has been condemned as anachronistic, oppressive or unforgiving. Responding to such criticism of Saudi Arabia’s criminal justice in the wake of the trial for the murder of Australian nurse Yvonne Gilford, Dr Ghazi Al-Gosaibi, Saudi Arabia’s ambassador to Britain at the time, simply noted that, ‘each country has a different system that it believes will best achieve justice.’1 How the Islamic criminal system seeks to achieve justice is the focus of this article. In its quest for justice, the Islamic system that Hallaq notes conceives of law ‘not as a means employed in the service of society, but rather in the service of God’2 will take a distinctive path from the common law, which is explored though the lens of a murder trial in Saudi Arabia and in England, the birthplace of each system. The analysis covers the attending ceremonies and ritual that apply to an unlawful killing; how proceedings are initiated; how guilt and innocence are determined; the safeguards for ensuring a just outcome; and the consequences that flow from a determination of guilt
Criminal justice · Criminology · Criticism · Economic Justice · Innocence · Islam · Political science · Sociology · History · Islamic Studies and History · Jewish and Middle Eastern Studies · Law · Middle East and Rwanda Conflicts
The anthropology of justice
The logic of legal reasoning in religious and non-religious cultures
Crime and Punishment in Islamic Law
An Introduction to Islamic Law
Conflicts and Tensions in Islamic Jurisprudence
A comparative analysis of the right to a fair trial and due process under international human rights law and Saudi Arabian domestic law
Law as a cultural symbol
Murder in Khaybar
| Highly cited | No |
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