Contact Us
Sign In / Sign Up for FREE
Go to advanced search...

Punishment compare btween islamic law and american law - Research Paper Example

Comments (0) Cite this document
The different forms of punishments vary while others are the similar. In addressing civil and financial punishments, I will need to consider their application from both…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92.9% of users find it useful
Punishment compare btween islamic law and american law
Read TextPreview

Extract of sample "Punishment compare btween islamic law and american law"

CIVIL PUNISHMENT AND FINANCIAL PUNISHMENT IN ISLAMIC AND AMERICAN LAW 4th, October, Outline on Civil Punishment and Financial Punishment in Islamic and American Law
Thesis: There are different forms of civil and financial punishment that apply in Islamic and American law. The different forms of punishments vary while others are the similar. In addressing civil and financial punishments, I will need to consider their application from both the Islamic law perspective and the American law perspective.
1) Definition of civil and financial punishment
A. Under Islamic law, civil and financial punishment refers to punishment on civil offences and financial offences by Muslims as stipulated in sharia law (Rudolph, 2006).
B. Under, American law civil and financial punishment refers to punishment on civil offences and financial offences by American citizens as stipulated in the American constitution.
2) Causes of civil punishment
A. Civil punishment may result from offences like religious offences, family offences, violation of human rights, and hate speech under Islamic law.
B. Civil punishment may equally result from offences like family offences, violation of human rights, defamation, and violation of public safety rules, unauthorized disclosure of information, and violation of traffic rules, Landlord/tenant disputes, property disputes, personal injury, tariff violations, additional rate violations, and hate speech under American law (Gardner and Anderson, 2011).
3) Causes of financial punishment
A. Financial punishment may result from offences like fraudulent dealings, corruption, and mismanagement of public funds in Islamic law.
B. financial punishment may result from offences like fraudulent dealings, corruption, and mismanagement of public funds, tax evasions, abuse of office, failure to present audited accounts among other financial offences under American law.
4) Forms of financial punishment
A. Under Islamic law, financial punishment against financial offences includes fines, financial penalties, jail terms, and other religious punishments.
B. Under American law, financial punishment against financial offences includes fines of different amounts, penalties, retrenchments, jail terms, and freezing of personal accounts.
5) Forms of civil punishment
A. Under the American law, civil punishment comes in form of civil penalties, administrative and individual sanctions, and disposition of property (Cornell University Law School, 2012), revocation of permits and licenses, compensations, suspension of licenses, retrenching offenders, and putting injunctions (Cole and Smith, 2007).
B. Under Islamic law, civil punishment may include civil penalties like hundred stripes, confinement, retaliation, expiation, and disciplinary action (Ayaz, 2009).
6) Pros and cons of Islamic law punishment
A. Conviction requires a lot of evidence
B. It is hard to implement some punishments
C. It is hard to collect enough evidence to convict an offender (Charles, 1998).
D. It is sometimes biased
E. It applies for Muslim faithful only
7) Pros and cons of American law punishment
A. it may take time to arrive at a conviction
B. has chances for appeals
C. the jury may be biased
D. there is chances of wrong conviction
E. it derives a good level of justice
F. It related to the American constitution that may contradict with other laws
7) Conclusion
I find that there are huge differences between the rendering of civil and financial punishments using the American and Islamic law. I however, hold a higher opinion to punishments based on American law.
Works Cited
Ayaz , I 2009, The Philosophy Of Punishments In Islam, viewed 4 October 2012, < > Charles, K 1998, Liberal Islam: A Sourcebook, Oxford University Press, London.
Cole, G., Smith, C 2007, Criminal Justice in America, Cengage Learning, New York.
Cornell University Law School 2012, General civil penalties, viewed 4 October 2012, Gardner, T., Anderson, T 2011, Criminal Law, Cengage Learning, New York.
Rudolph, P 2006, Crime, and Punishment in Islamic Law: Theory and Practice from the Sixteenth to the Twenty-First Century, Cambridge University Press, London. Read More
Cite this document
  • APA
  • MLA
(“Punishment compare btween islamic law and american law Research Paper”, n.d.)
Punishment compare btween islamic law and american law Research Paper. Retrieved from
(Punishment Compare Btween Islamic Law and American Law Research Paper)
Punishment Compare Btween Islamic Law and American Law Research Paper.
“Punishment Compare Btween Islamic Law and American Law Research Paper”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Punishment compare btween islamic law and american law

Islamic Insurance Law

...laws regarding insurance in the country. Government's strong hand over mass media is perhaps another reason that such schemes are not made common knowledge. For, quite a long time now, Muslims have grown in suspicions against insurance39 and the awareness about the Islamic validity of Takaful should be pressed and spread. Social Structure: The social structure and lifestyle of Saudi Arabia does not require much insurance over life or general things. People usually live in extended families and in case of damage; the loss is usually covered through the help of other family members. The government also offers munificent benefits in case of death or any disability which does not make people leer for...
63 Pages(15750 words)Dissertation

American Law

...An Introduction to American Law Question Article VI of the constitution of the United s commonly referred as the supremacy clause proclaims the Law of the US and its constitution as the supreme law. This in essence means that any act by the federal government in the exercise of its constitutionally mandated powers prevails in the instance of conflict or inconsistency with state legislation (McAlinn et al. 403). The conception of the supremacy of the federal government resulted from Chief Justice John Marshall who served from 1801 to 1835. In the case of McCulloch versus Maryland, the judge ruled that the legislation taxing all banks in Maryland including a subsidiary of...
6 Pages(1500 words)Essay

Islamic Finance Law

... Developments. Asia Business Law Review, 66-72. Mirza Sardar Husain. (1997). Islamic Banking in the Making. Journal of Islamic Banking and Finance, 14: 53–9. Oakley, David. (May 2010). Rich potential in emerging markets. Islamic Finance, Financial Times special report. Retrieved from: islamic-finance-2010> Pryor, Frederic L. (1985). The Islamic Economic System. Journal of Comparative Economics, 9: 197–223. Saeed, A. (1995). The Moral Context of the Prohibition of Riba in Islam Revisited. American Journal of Islamic Social Sciences, 12(4): 496–517. Shahrukh Rafi Khan. (1987). ‘Riba and the Early Development of Islamic Banking and Finance’, in Shahrukh Rafi Khan (ed.), Just Development: Beyond Adjustment with a Human... was rigidly guided by the religious tenets...
6 Pages(1500 words)Dissertation

Gharar in Islamic Law

...the contemporary business practice and trade but also to evaluate it in the light of Shariah and to find out other alternatives which may be acceptable according to the Islamic principles (Vogel and Samuel, 1998). Islamic Laws Islam is a complete code of life and encompasses everything in life. It influences families as much as international relations and certainly includes all financial matters. It sources are the Quran and the Sunnah and the consensus of the opinion of the great jurists and interpreters of Islamic Law. If none of cited provide guidance on a particular matter then there is qiyas or analogy by which jurists and scholars...
9 Pages(2250 words)Assignment

Gharar in Islamic Law

...? Gharar in Islamic Law (Part 2) No: Gharar in Islamic Law (Part 2) Introduction The Shariah refers to the divine law as contained in the Quran and Sunnah. However, most of the classical Islamic law on financial transactions is not contained as rule / law in the Quran and Sunnah but is based on the often divergent views held by the established schools of law. The particular form and contents of Murabaha agreement is not the same. If a bank’s Religious Supervisory Board is satisfied that the bank’s activities are in accordance with Shariah law, that concludes the matter,...
10 Pages(2500 words)Assignment

American Law

...of commerce, appears to me unquestionable. Great Britain is styled, eminently, a commercial nation; but commerce is, in fact, a subordinate branch of her national policy, compared with other objects. As it was already pointed out, the broad powers of the whole Congress are spelled out in the eighth section of the first article of the Constitution: to levy and collect taxes; to borrow money for the public treasury; to make rules and regulations governing commerce among the states and with foreign countries; to make uniform rules for the naturalization of foreign citizens; to coin money, state its value, and provide for the punishment of counterfeiters; to set the standards for weights and...
8 Pages(2000 words)Essay

Islamic Philosophy and Law

..., a small minority decided that the best replacement for Muhammad would be from his own family. The result was a split between the Sunnis, who sought elections, and the Shi-ites, who sought a heritage accession. Now, the rift has meant further difference between the two groups of Islam who have claimed their respective leaders as political figures (in the case of the Sunnis) and prophets with divine insight (in the case of the Shi-ites). As such, followers of both sects have a different kind of respect for their leader and for the modern translations of ancient Islamic texts. Islamic law is very specific, with rules governing everything from...
4 Pages(1000 words)Essay

Indonesian Islamic Law

...Shariah laws instead. When a port city like Aceh, known in the past as a wonderful tourist destination, is being signaled out by the Indonesian government for experimenting with the Shariah laws in a manner that lacks the sobriety and values being preached by the religion, it raises doubts about the capability of the government to take the nation ahead. Conclusion Having gone through the article and comparing it with the advice of the California Endowment, we find the Indonesian government is not doing any good to the people by tormenting them in the name of religious preaching. The foremost priority of a government is to look after the interests of its citizens and to undertake forward...
2 Pages(500 words)Essay

Sociology of Law and Punishment

...Sociology of Law and Punishment Table of Content Serial Number and Topic Page Number 0 02 2.0 Introspection 03 3.0 Elias Theory of Civilisation 06 4.0 Case Study 07 5.0 Conclusion 11 6.0 references 13 1.0 Abstract Over the course of the last decade or so, it has become increasingly apparent that modern penalty, especially in the west, is witnessing a more 'civilised process' than in the era gone by. This points to a more critical view that there is a possibility of Elias' 'civilising process' influence on less brutal practices of punishment in Western societies today. One feature that is evident is that the penal spectrum involves a...
12 Pages(3000 words)Essay

Islamic law

...Islamic law does not hold such distinction. Islamic law also punishes certain moral crimes like apostasy, adultery, and alcohol consumption (Dien, 149). Islamic punishments are harsh as compared with American laws. Islamic law tends to focus on protecting the individual and community while American law only tends to focus on protecting the individual rights. American Society and Islamic lawAmerican society might be able to live under...
2 Pages(500 words)Coursework
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Research Paper on topic Punishment compare btween islamic law and american law for FREE!

Contact Us