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Date: April 29, 2024 Mon
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Results for islamic law
3 results foundAuthor: United Nations Office on Drugs and Crime Title: Combating Trafficking in Persons in Accordance with the Principles of Islamic Law Summary: Trafficking in persons or human trafficking,1 a recognized human rights violation prohibited by international law, affects all countries and regions of the world. As a national and international, often organized crime, it knows no boundaries-geographical, cultural, political or religious. Its victims and perpetrators hail from all around the world. The flow of trafficked persons reaches some of the most far-flung areas of the globe. Trafficking in persons manifests itself as exploitation in different forms in different countries, but no region is immune to it. Muslim countries, most of which are members of the Organization of the Islamic Conference,2 are not exempt-all are affected by this crime. Trafficking in persons for the purposes of sexual exploitation and for labour exploitation in the domestic service industry and in agriculture and construction affects Muslim countries in the Middle East and North Africa. Trafficking in children and women for sexual or labour exploitation occurs in African countries both within and across national borders. In South and South-East Asia, trafficking in men, women and children for the purpose of sexual labour exploitation, which may also include trafficking for the purpose of begging or child sex tourism, is prevalent.3 While international law provides States with the central guiding framework for combating trafficking in persons, for this effort to be most effective, national legislatures should design legal provisions that, while consistent with international law, are also responsive to national specifics and are tailored to the legal structures and the phenomenon of trafficking manifested in each State.4 Given that the legal traditions and legal systems in many Muslim countries rely primarily on Islamic law, a study of Islamic legal provisions and traditions relating to trafficking in persons becomes important. An understanding of Islam's position on trafficking in persons and related acts and elements can provide important avenues for the development of a comprehensive approach to combating trafficking in persons in Muslim countries, one which draws on and is grounded in the Islamic tradition, as well as in compliance with international law. The purpose of the present publication is thus to analyse the Islamic legal tradition from the perspective of those sources, principles and provisions that may best be utilized in understanding, addressing and combating trafficking in persons. More specifically, this entails the elaboration of a comprehensive theory of Islamic legal principles for the prohibition of the crime of trafficking in persons and associated acts and means, on the one hand, and the protection of victims of such trafficking, on the other. It involves understanding the nature of the crime of trafficking in persons under Islamic law and what protections and safeguards are provided by Islamic law to the accused in the prosecution of trafficking. It also involves analysing how Islam relates to a victim-centred approach to the problem and what the obligations of the ordinary citizen may be in providing victims with assistance. It is also necessary that any checklist of issues addressing trafficking in persons under Islamic law also include prevention, education and public awareness-all core principles of a comprehensive strategy of combating trafficking as enshrined in international law.5 Details: Vienna: United Nations Office on Drugs and Crime, 2010. 72p. Source: https://www.unodc.org/documents/human-trafficking/Islamic_Law_TIP_E_ebook_18_March_2010_V0985841.pdf Year: 2010 Country: International URL: Shelf Number: 116312 Keywords: Human TraffickingIslamic LawMuslims |
Author: United Nations Office on Drugs and Crime Title: Combating Trafficking in Persons in Accordance with the Principles of Islamic Law Summary: Given that the legal traditions and legal systems in many Muslim countries rely primarily on Islamic law, a study of Islamic legal provisions and traditions relating to trafficking in persons becomes important. An understanding of Islam's position on trafficking in persons and related acts and elements can provide important avenues for the development of a comprehensive approach to combating trafficking in persons in Muslim countries, one which draws on and is grounded in Islamic tradition, as well as in compliance with international law. The purpose of this publication is thus to analyse the Islamic legal tradition from the perspective of those sources, principles and provisions that may best be utilized in understanding, addressing and combating trafficking in persons. Details: Vienna: UNODC, 2010. 62p. Source: Internet Resource Year: 2010 Country: International URL: Shelf Number: 119206 Keywords: Human TraffickingIslamic LawMuslims |
Author: Penal Reform International Title: Sharia law and the death penalty. Summary: This report is designed for non-experts who want to understand more about Sharia law and Islamic jurisprudence as it relates to the death penalty. Sharia law is used in some countries as a reason to retain capital punishment. However, there are schools of thought among Islamic scholars stating that Sharia law creates stringent conditions for the use of the death penalty and includes various opportunities to avoid or commute punishment, and that Sharia law explicitly encourages alternatives. The report begins by explaining the primary and secondary sources and schools of Sharia law. It then looks at the categories of penalties in Sharia law (Qisas crimes, Hudud crimes and Ta'zir crimes) and explains what these comprise in relation to the death penalty. The book quotes sources of Sharia law related to these offences and analyses what this means for the application of the death penalty, including how Sharia law relates to international standards on the application of the death penalty. It ends by looking at ways in which Islamic jurisprudence has changed over the centuries in various aspects of law and punishment. Details: London: PRI, 2015. 36p. Source: Internet Resource: Accessed August 4, 2015 at: http://www.penalreform.org/wp-content/uploads/2015/07/Sharia-law-and-the-death-penalty.pdf Year: 2015 Country: International URL: http://www.penalreform.org/wp-content/uploads/2015/07/Sharia-law-and-the-death-penalty.pdf Shelf Number: 136305 Keywords: Capital PunishmentDeath PenaltyIslamic Law |