European Area and Islamic Development
Development of Criminal justice system in the European area
For a long time, the criminal justice system in the European era has been reformed to a stronger and efficient procedures that aid criminals. Experts affirm that, in the history of criminal justice in the European Era, there have been reforms evolving in forms of additional rights for victims and offenders, forms of punishment, political ideals, and changed customs (Fijinaut, 1995). With no doubt; as the systems of criminal justice in the European era has evolved, there have been various transformation in various section of criminal justice system. In this context, the basic reform include having set of rules designed to offer solutions to problems in the society, drawing upon decisions that were made in the past by judges. As time has progressed, the European era criminal justice has developed its criminal justice systems, which has helped to develop corrections. Historically, there was less imprisonment but as time progressed, jail systems was introduced to reduce the crime rate. In this case, rather than punishing the criminals, prisons established goals to rehabilitate offenders through skilled labor and education. Specifically, there have been efforts towards re-training criminals emotionally and mentally so that they may step in the society with norms after their sentence is complete. As the system has evolved, it has ensured that it does not only punish criminals but, training them on precise behaviors that promote peace in the society. It was this evolution that has enhanced a concern in crime prevention and respect of human rights. In facts, in ancient times, it has been complex to understand crime in the European Union (Fennell, 1995). With this regard, various decisions have been identified as a noteworthy for augmenting sustainability of the European crime justice system. These include funding streams, execution models, and communication strategy. Under funding streams, the European criminal justice has developed the importance of charging the perpetrator of crime over his action. The key issue has been, enabling the victim to bear the consequence of the act imposed. In addition, under execution models, various issues have been put into consideration such as how to implement forms of punishment and a suitable training that seeks to change the victim after his or her sentence is complete. Over and over, the European criminal justice system use laws designed by men, whereby the criminal is judged and rewarded with punishment that suits his action.
Development of the Islamic Criminal Justice System up to the period 600 to 900 years ago
Historically, crimes were not jotted down or codified, which gave judges flexibility to choose the form of punishment to dispense. However, there has been tremendously reformed on the way crimes are jotted down or codified thus, no flexibility of dispensing the right treatment. This implies that, there are set of rules, which assist in confining the criminal. Unfortunately, the Islamic criminal justice has made a vicious impact of Scholars and Muslim lawyers to the extent they regard it as brutal and harsh system. On the other hand, the Non-Muslims have criticized the Islamic criminal justice for introducing inhuman form of punishments. Since the period of 600 to 900 years ago, Islamic criminal justice has empathized on crime prevention through prescription of harsh punishments to the criminal. Muslim experts affirm that, Islamic criminal justice system appeal harsh to many because it is authorized by Allah from the holy book of Koran (Vogler, 2005). At this point, beings views on what should be done to the criminal are not valued but, forms of punishment imposed to the criminal are derived from the Koran. Historically, the Islamic criminal justice system is derived from the holy book of Koran, which becomes eligible to deterrent of crime. Legal penalties are specified in the Koran book. No apology is required for premeditated murder particularly if the crime violate human rights and social tranquility. For instance, theft is prompted by starvation and often involves murder. At this point, the law regard that, it is better to eradicate the thief than, hinder social tranquility. In addition, the penalty for adultery is stoning to death being witnessed by the crowd of people. In this case, there must be four witnesses of irreproachable authenticity, and if an individual levels charges of adultery without four witnesses, he is liable to punishment.
While looking at the development of the Islamic Criminal Justice System up to the period 600 to 900 years ago, it applies the philosophy “prevention is better than cure”. Islamic Criminal justice system is an effective and strict penal system, which assist in crime prevention and motivates people to please. It depicted that, it’s divided into three sections: retribution, fixed, and discretionary punishment as documented in the Koran (Wasti, 2009). Lawbreaking criminals are given fixed punishment, while minor crimes are given flexible or vengeance punishment as judged by the state.
How a European travelling in Islamic nation view Islamic criminal justice system
In this case, an educated European travelling in an Islamic county would have different opinions on the Islamic criminal Justice system. Law experts’ states that, there are different laws that guide different nations, which may not appeal favorable particularly, if an individual from a different nation travel to a nation that differ in criminal justice systems (Fennell, 1995). To understand Islamic criminal justice system, one must depict the assumptions of the Islamic religion and Koran. In this context, it may difficult for a European travelling to Islamic country may encounter difficulties in familiarizing himself with Islamic law. In reality, religion expert affirm that, Islam refers to total submission to God (Allah) will, and hence, one must obey and submit to Allah’s will (Marsmo, 2010). It is obvious that, understanding the teachings of Prophet Mohammed may be complex to a European who may not full understand the need to submit to Mohammed’s teachings. Therefore, the most complex part of a European is to grasp the fact that, Prophet Mohammed was a prophet sent from God, who presented great teachings on the consequences of different crimes. Islamic government and religion are one thus; the varying degree of forms of punishment may appeal unfavorable to a European.
As discussed previously, the Islamic criminal system evolves to the philosophy that “prevention is better than cure”. Having an effective and a strict penal system in the Islamic laws is said to prevent crime, and attaining stability and peace. While the European criminal justice system demands the importance of establishing goals that specifically give the criminal a second chance to step into the society after his sentence is over, it may not be the same to the Islamic criminal justice system. Like discussed, the Islamic criminal justice is guided by the holy book of Koran whereby Muslims are judged and given the punishments that suits the offence.
The European travelling to a Muslim country may view Islamic Criminal justice system as harsh particularly their belief on the importance of eradicating the criminal from the society. For instance, if a case concerning adultery emerges, the Islamic law demands the Perpetrator be stoned to death. In such a case, there may be controversial on the European criminal justice system, that may issue compensation suit, and in some few cases allowed to divorce legally. Now, it is obvious that, the European may perceive the Islamic Criminal Justice system as harsh and unfavorable on issues that would be solved differently on European criminal justice system. Similarly, it may appeal awkward in cases where no judge can reduce or change the punishment for major crimes such as murder, theft, Adultery, persecuting Muslims, and Alcohol drinking. Amazingly, the European criminal justice system treat outline lessens some of these crimes such as Adultery, maltreating Islamic religion, and alcohol drinking. In such a case, when harsh punishments are issued to the mentioned crimes, the European may consider it inhuman.
Nevertheless, the European may identify the Islamic Criminal Justice system as a paramount approach to deter crime. This is because; it is the guiding principle that motivates people to leave in peace and harmony with one another. In facts, forms of punishment in the Islamic criminal Justice system are harsh, which eventually may discourage many from committing the crime.
How a Muslim travelling in the European perceive the European criminal justice system
It borne in mind; Muslims view the importance of submitting to Allah will as per Koran teachings. In this case, an Islamic travelling in the European may perceive the European criminal justice system as inappropriate in prevention of crime. Probably, this is because, the Islam criminal justice system is theologically influenced, and an individual that violates Islamic laws should be punished and eradicated from the society. Particularly, there may be contradictions in an adultery case where the European criminal justice system may not provide harsh punishment to the perpetrator. In this context, an educated individual from an Islamic era may perceive the European criminal justice system as inadequate in responding to crimes that demands harsh forms of punishment (Scmalleger, 2007).
In addition, a Muslim may perceive the European criminal justice system to be inappropriate for respecting Allah’s will of enhancing peace in the society. Now, in the case where the European criminal justice system regard the need to re-training criminals emotionally and mentally so that they may step in the society with norms after their sentence is complete, may appeal to increase crime. The Muslim may perceive this as an opportunity to encourage many to be involved in crime thus, infringing human rights. For that reason, the Muslim may not articulate the need of wasting resources in training to people who do not respect human rights. From the Muslim’s opinion, it may appeal that, the European criminal justice system is not adequately transformed to eradicate crime in the society. It may contradict a Muslim in cases where judges play a core role in determining the form of punishment to impose to the criminal. For instance, it may appeal ironical in rape cases where the European criminal justice system may sentence the perpetrator. Of course, it would appeal controversial for such an individual to live despite committing a major offence that demands harsh punishments. With this in mind, a Muslim may consider European criminal justice insufficient in preserving people that violates and human being’s rights.
Convincingly, this paper has outlined both European and Islamic criminal Justice systems. As discussed in the paper, in the history of criminal justice in the European Era, there have been reforms in additional rights for victims and offenders, forms of punishment, political ideals, and changed customs. Decisions have been identified in augmenting sustainability of the European crime justice system. These include funding streams, execution models, and communication strategy. Still, there has been a basic reform of establishment of set of rules designed to offer solutions to problems in the society, drawing upon decisions that were made in the past by judges. As time has progressed, the European era criminal justice has developed its criminal justice systems, which has helped to develop corrections. The paper has also discussed Islamic criminal Justice system outlining that, it is derived from the holy book of Koran, which becomes eligible to deterrent of crime because legal penalties are specified in the Koran book. There has been a development of the Islamic Criminal Justice System to 900 years ago, in establishing forms of punishment that suits different crimes. Apologies are not required especially in major crimes that violate human rights and social tranquility. Therefore, this essay fathoms an understanding of both European and Islamic criminal justice system.
Fennell, P. (1995). Criminal justice in Europe: a comparative study. London: Clarendon Press
Fijinaut, C. (1995). Changes in Society Crime and Criminal Justice in Europe Changements de société crime et justice pénale en Europe. California: Martinus Nijhoff Publishers
Marsmo, M. (2010). The Role of Judges in European Criminal Justice. London: VDM Verlag Publisher
Scmalleger, F. (2007). Criminal justice today: an introductory text for the twenty-first century. New York: Prentice Hall
Vogler, R. (2005). A world view of criminal justice. California: Ashgate Publishing, Ltd
Wasti, T. (2009). The application of Islamic criminal law in Pakistan: Sharia in practice. London: Brill Publisher
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