The Paradoxes of Codifying Islamic Criminal Law in the Maldives

The Paradoxes of Codifying Islamic Criminal Law in the Maldives Utilizing the codification of Islamic Criminal law in the Maldives, this article argues that the process of codifying Islamic law often ignores classical conceptualizations of Islamic criminal law and judicial procedures established as preventative measures against the widespread implementation of Islamic criminal punishments (ḥudūd). Instead of recognizing the legal nuance in classical debates, reliance is placed on a narrow body of texts, and extracted rules are reformed for easy implementation and compliance with modern human rights standards. By ignoring classical discussions of Islamic criminal law, and adopting a singular conception of codification, a paradox emerges wherein the resulting criminal code is less punitive, but more enforceable than its classical counterpart. A second paradox is that on one hand religious legitimacy and moral credibility is desired through the implementation of an Islamic penal code, but on the other, controversial criminalized actions are assumed to be non-prosecutable. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Middle East Law and Governance Brill

The Paradoxes of Codifying Islamic Criminal Law in the Maldives

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1876-3367
eISSN
1876-3375
D.O.I.
10.1163/18763375-00902002
Publisher site
See Article on Publisher Site

Abstract

Utilizing the codification of Islamic Criminal law in the Maldives, this article argues that the process of codifying Islamic law often ignores classical conceptualizations of Islamic criminal law and judicial procedures established as preventative measures against the widespread implementation of Islamic criminal punishments (ḥudūd). Instead of recognizing the legal nuance in classical debates, reliance is placed on a narrow body of texts, and extracted rules are reformed for easy implementation and compliance with modern human rights standards. By ignoring classical discussions of Islamic criminal law, and adopting a singular conception of codification, a paradox emerges wherein the resulting criminal code is less punitive, but more enforceable than its classical counterpart. A second paradox is that on one hand religious legitimacy and moral credibility is desired through the implementation of an Islamic penal code, but on the other, controversial criminalized actions are assumed to be non-prosecutable.

Journal

Middle East Law and GovernanceBrill

Published: Aug 23, 2017

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