Victim–perpetrator Reconciliation Agreements:what Can Muslim-Majority Jurisdictions and the PRC Learn From Each Other?

Pascoe, Daniel; Miao, Michelle

doi:10.1017/s0020589317000409

Cited by 6 publications

(2 citation statements)

References 29 publications

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“…The implementation of the death penalty in Islamic societies is expected to prevent future crimes by providing a sense of justice and moral order (Tampubolon & Silalahi 2021). Thirdly, the death penalty purifies people sentenced to death (Pascoe & Miao 2017). This is because the death penalty serves as an atonement for sins to purify the perpetrators of evil (Nugraha 2016).…”

Section: Death Penalty In Islammentioning

confidence: 99%

Understanding riddah in Islamic jurisprudence: Between textual interpretation and human rights

Rokhmadi

Khasan

Amin

et al. 2023

HTS Teologiese Studies / Theological Studies

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The application of the death penalty for perpetrators of riddah by fuqaha is a problematic violation of human rights. This is because there is no good reason to show that the punishment for riddah is the death penalty. The existence of the hadith which is considered to be the legitimacy of riddah punishment turns out to be very different from the reality of its application in the history of Islamic criminal law. This article aims to answer academic anxiety about the death penalty for perpetrators of riddah as a result of the ijtihad of fuqaha as well as to confirm the construction of its historical reality in state life. This article finds that some verses of the Qur’an and the hadith which are used as legal basis by fuqaha are only understood textually and treated as absolute theological verses and hadiths, but not based on historical evidence. The history of the application of criminal punishment during the time of the Prophet shows that there is no application of the death penalty to the perpetrators of riddah, except riddah which is followed by criminal acts. So it is not solely because of the act of riddah itself, but because of a greater crime against Islam. The implementation of the death penalty for the perpetrators of riddah which is based on textual interpretation of the hadith, thus has the potential to conflict with the principles of human rights and religious freedom which have been regulated in the Qur’an.Contribution: This study enriches perspectives on the meaning of riddah as one of the strategic issues in Islam and shows that a new interpretation of riddah has become an important idea to promote a peaceful and inclusive society and provide access to justice for all.

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Section: Death Penalty In Islammentioning

confidence: 99%

Understanding riddah in Islamic jurisprudence: Between textual interpretation and human rights

Rokhmadi

Khasan

Amin

et al. 2023

HTS Teologiese Studies / Theological Studies

View full text Add to dashboard Cite

show abstract

“…Diya, designed to prevent blood feuds in tribal societies, is paid after a murder conviction in order to avoid retaliation ordered by Shari'a courts as qisas (retribution). 113 In predominantly Judeo-Christian cultures, where Old Testament passages were interpreted to dictate the imposition of death sentences, widely attended public executions became civil and religious displays of authority and state power. Spectators sometimes numbered into the tens of thousands.…”

Section: The Ancien Régime Versus the Enlightenmentmentioning

confidence: 99%

The Death Penalty's Denial of Fundamental Human Rights

Bessler

2022

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The Death Penalty's Denial of Fundamental Human Rights details how capital punishment violates universal human rights-to life; to be free from torture and other forms of cruelty; to be treated in a non-arbitrary, non-discriminatory manner; and to dignity. In tracing the evolution of the world's understanding of torture, which now absolutely prohibits physical and psychological torture, the book argues that an immutable characteristic of capital punishment-already outlawed in many countries and American states-is that it makes use of death threats. Mock executions and other credible death threats, in fact, have long been treated as torturous acts. When crime victims are threatened with death and are helpless to prevent their deaths, for example, courts routinely find such threats inflict psychological torture. With simulated executions and non-lethal corporal punishments already prohibited as torturous acts, death sentences and real executions, the book contends, must be classified as torturous acts, too.

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Suspended Execution beyond China’s Borders

Smith

Pascoe

2021

AsianJLS

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Although China remains the world’s most prolific death-penalty jurisdiction, it has also reportedly reduced executions in the twenty-first century. China achieved this reduction in part through the use of a nominal capital sentence called “suspended execution.” The success of suspended execution as a diversionary tool has produced calls for its introduction elsewhere. However, there has been no empirical research on suspended execution outside China. This article fills this gap by identifying neighbouring countries where suspended-execution proposals have been considered, determining why these countries considered it, and examining how proposals were structured. We identify four Asian jurisdictions—Taiwan, Japan, Vietnam, and Indonesia. We find that all of these countries looked to China for inspiration; each did so independently and for reasons unrelated to China’s death-penalty reforms. Our findings provide insights about capital punishment in Asia, the appeal of suspended execution, and the role of China in regional penal practice.

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Victim–perpetrator Reconciliation Agreements:what Can Muslim-Majority Jurisdictions and the PRC Learn From Each Other?

Cited by 6 publications

References 29 publications

Understanding riddah in Islamic jurisprudence: Between textual interpretation and human rights

Understanding riddah in Islamic jurisprudence: Between textual interpretation and human rights

The Death Penalty's Denial of Fundamental Human Rights

Suspended Execution beyond China’s Borders

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