Cj 102

What are the principles that inform Islamic law?

There are four sources or principles that inform Islamic law which are the Koran, the teachings of the Prophet Muhammad, a consensus of the clergy in cases where neither the Koran nor the prophet directly address, and finally reason or logic. (Schmalleger, pg.619)

How do these principles contribute to the structure and activities of the criminal justice systems of Muslim nations that follow Islamic law?

Islamic law, in many Middle East countries, is based off of teachings of Islam and of the Prophet Muhammad. Muhammad enacted many laws to teach men how to live and what to do in order to achieve salvation. The principles created the structure as it is today based on duties and rituals. These were founded on legal and moral obligations. The Criminal justice system in the Arab philosophy has four aspects, according to Sam Souryal and his coauthors; 1.) A sacred trust, a duty imposed on humans to be discharged sincerely and honestly. 2.) A mutual respect of one human being by another. 3.) An aspect of the social bond that holds society together and transforms it into a brotherhood in which everyone becomes a keeper of everyone else and each is held accountable for the welfare of all. 4.) A command from God. Whoever violates God’s commands should be subject to strict punishments according to Islamic tradition and belief. (Schmalleger, pg. 619)

Your opinion counts.

1. Compare the fundamentals of Islamic law to American law.

2. What are the major differences?

3. Could American society live under the principles of Islamic law?

American law and Islamic law vary fundamentally. Islamic law is based off of religion and teachings of the Prophet Muhammad and American law is based off of the constitution that a group of men wrote and the states voted on. American law can be changed with enough people thinking a certain way and a process to change it. If the Koran says one thing then it probably...