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Islamic Law and the Juvenile Death Penalty Essay

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As Emile Durkheim, believed society's punishments are a window through which society's “true nature” can be viewed. And an important reason why this punishment is thought of with such repugnance is that they have been historically linked to the process of torture. But if a poll were conducted tomorrow in Islamic countries, would we find considerable support for juvenile death penalty?

Despite the abolition or moratorium of capital punishment for juveniles in Islamic countries, still children are being executed. It demonstrates, simple attempts to outlaw the juvenile death penalty will not solve the problem, because the moratorium was not proclaimed for the genuine attempts to humanize the society, but rather to please the International community, more execution of juveniles are possible, especially in the case of a change of political power.

The question of whether to leave juvenile death penalty in the statutes of Islamic countries, prolong the moratorium on it, or abolish it is one which I think embodies the larger realities of political, legal, and social developments in the Islamic countries. Must abolition of juvenile death penalty await the decline of Islamic authoritarian governments or will hard-line regimes abolish the execution of juveniles to coordinate with the contemporary standards of Islamic societies.

Several Muslim nations with large Islamic populations have recently gone long periods without juvenile executions, including Yemen and Sudan. Most of Islamic countries, low-execution nations have governments with secular rather than religious orientations, but the tiny nation of Brunei Darussalam has combined an Islamic theocratic regime with no execution for the past half century.

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...rely curtail their human rights, this is in spite of, rather than in keeping with, Islamic law, because religions have the ability to adapt themselves with ideas. Therefore, our Islamic laws need to be updated and meet demands of the modern time. The better course is to steer clear of such obstacles and focus on the purpose of the ride: providing a human and civilized criminal justice system the way Islam originally intended.

Works Cited

Human Rights Watch, Precarious Justice: Arbitrary Detention and Unfair Trials in the Deficient Criminal Justice System of Saudi Arabia, vol. 20, no. 3(E), March 2008.

UN document CRC/C/61/Add.2, 29 March 2000, para. 253.
Shura Council is an appointed advisory body with some functions of a parliament.
Human Rights watch, Adults Before Their Time: Children in Saudi Arabia’s Criminal Justice system, New York (2008).


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