Development of Shari'a ABSTRACT

The history and intellectual development of Muslim thought in the areas of criminal justice and penology are traced from early Islamic times to the present day. The extensive development of Shari'a family, business, and other "civil" law through Islamicate history is contrasted to the general nonapplication of Shari'a criminal law by Muslim rulers who judged it overly lenient and procedurally demanding for their needs, or even their subjects' protection. Only with the advent of the Western challenge  which was felt in some parts of the Muslim world as early as the eighteenth century  was renewed attention given to the study of Islamic criminology and penology. At the present date, no serious effort to enact Islamic criminal law has yet been made. The future development of a mature, institutional Islamic legal code, and the West's response, will be an important element in shaping the future relations of the Muslim world and the West.

CHAPTER ONE

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fueled by a combination of oil wealth and fanatical believers. What is truly meant by such expressions as "Islamic justice" and "Islamic penology" are thus questions that go far beyond the technical issues raised by international comparative criminal law or penology. They are questions not merely of interest to the lawyer, the policeman, the criminaljustice administrator, or the penologist. To understand what is meant by "Islamic justice," and the concepts of an Islamic penology are to understand many of the fundamental features of Islamic belief and civilization that can potentially lead it into conflict with Western values. Such conflicts are not merely conflicts of "interest," comparable to debates over the appropriate price of oil. Islamic and Western civilizations have in common a deep traditional committment to justice. Other ancient traditions and philosophies, held in many parts of the world, hold that the material world is ultimately an illusion, or that our rights and wrongs in this life are reduced to minor changes in a personal karma that stretches through eternity. Both Muslim and Western traditions, in contrast, hold that this world, this life, are the unique stage upon which we conf
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Approximate Word count = 2625
Approximate Pages = 11 (250 words per page)