Islamic Law Justice Systems

Abstract The hybrid character of Islamic criminal justice contains similar purposes arising from the principles of legality, proportionality, and humanity. It consists of categories of crimes protecting the principle of the inviolability of the rights of individuals. Its purpose is to provide immunity, rehabilitation, prohibition, and prosecution. The principles of fault or intention (dolus) and negligence (culpa) constitute a basis for the recognition of individual criminal responsibility. Simultaneously, it has developed the rights of accused, victims, and witnesses from the inquisitorial into the accusatorial methods and gives a significant weight to the quality of evidence. In criminal investigations, procedures, judgments, and punishments, the judges of a court must have a basic knowledge of justice. During trial, a sufficient reason may cause mitigation or exclusion of punishment, such as self‐defense. The modern interpretation of Islamic criminal justice condemns harsh punishments and calls for fair penalties based on the rules of law.