NCJ Number
60176
Date Published
1977
Length
11 pages
Annotation
THE JURIDICAL SYSTEMS OF ARAB COUNTRIES AND CURRENT DEVELOPMENTS TOWARD A UNIFIED ARAB CRIMINAL POLICY ARE OUTLINED.
Abstract
AT PRESENT, ARAB CRIMINAL LAW FOLLOWS EITHER THE RELIGIOUS TRADITIONS OF ISLAM OR SECULAR SYSTEMS BASED ON THE LATIN OR ANGLO-SAXON LEGAL TRADITIONS AND INTRODUCED BY OCCUPATION OR COLONIAL FORCES. ISLAMIC CRIMINAL POLICY SEEKS TO ENFORCE THE LAWS OF GOD AND TO PROTECT THE INTERESTS OF THE INDIVIDUAL AND OF SOCIETY. TYPES OF OFFENSES FOR WHICH LAWS AND PENALTIES ARE IMPOSED ARE 'HOUDOUD,' SEVERE OFFENSES AND PENALTIES EXACTLY DEFINED AND NOT SUBJECT TO JUDGES' DISCRETIONARY POWERS; VIOLATIONS OF BASIC INDIVIDUAL RIGHTS WHICH ARE PENALIZED BY 'KISSAS' AND 'DIAH' (RETALIATION AND FINES); AND 'TAAZIR,' OFFENSES AGAINST SOCIETY FOR WHICH PENALTIES ARE DETERMINED BY STATE LEGISLATIVE POWERS WITH THE OBJECTIVES OF CRIME PREVENTION AND SATISFACTION OF THE VICTIM. ISLAMIC LAW IS BASED ON THE PRINCIPLES OF LEGALITY OF CRIMES AND PENALTIES, AS WELL AS OF MORAL RESPONSIBILITY BY INDIVIDUALS WITH JUDGMENT, AND THE INDIVIDUALITY OF PUNISHMENT. THE DIVERSE CRIMINAL LAW SYSTEMS OF ARAB COUNTRIES ARE SIMILAR IN THEIR OBSERVANCE OF ISLAMIC LAW (CHARIA'A); THEIR COMMON USE OF FRENCH CLASSIC AND NEOCLASSIC LEGAL MODELS, OR IN SOME CASES, A MIXTURE OF FOREIGN CODES; THEIR TENDENCY TO ESPOUSE SOCIAL DEFENSE OBJECTIVES IN CRIMINAL POLICY; AND THEIR ACCEPTANCE OF LEGALITY, AS WELL AS OF MORAL RESPONSIBILITY AND INDIVIDUALIZED PUNISHMENT. WHILE THE EVOLUTION OF A UNIFORM CRIMINAL POLICE IN THE ARAB STATES SEEMS LIKELY, ESPECIALLY IN THE AREA OF 'TAAZIR,' 'KISSAS,' AND 'DIAH' OFFENSES, THE SEVERITY AND INALTERABILITY OF 'HOUDOUD' OFFENSES ARE PROBLEMATIC. IT IS EMPHASIZED, HOWEVER, THAT 'HOUDOUD' ARE ESSENTIAL TO THE PRESERVATION OF ISLAMIC SOCIETY. NOTES ARE SUPPLIED. --IN FRENCH. (KMD)