A Comparative Study of "Execution" in Jewish and Islamic Law )Based on Modern Penal Law)

@ Seyyed Abolfazl Saghi / BA in Law, Razavi University of Islamic Sciences

                                                                                                                    Abolfazlseyyedsaghi@gmail.com

Abd Al- Reza Asghari / Assistant Professor of the Department of Law, Razavi University of Islamic Sciences

Received: 2019/07/11 - Accepted: 2019/12/28

 

Abstract

In general, the accusations against Islamic law regarding capital crimes are rooted in two issues: First, the similarity of the Jewish and Islamic penal systems in criminal policies, definition of capital crimes, and even the quality of executions, which has extended the characteristics of Jewish law including its violence to Islamic law; Second, executions in systems based on Islamic law. A comparative study of the provisions of Jewish and Islamic law in capital crimes shows that Westerns’ doubt about religious rights is mainly rooted in the unjustifiable provisions of the Torah, such as the execution of animals, juveniles, and the repeated execution of non-Jews. However, these rulings which clearly violate certain legal principles are not approved by Islamic  law. The Western thinkers' doubt and skepticism about Jewish rights cannot be extended to Islam. On the other hand, the poor performance of Islam-based systems is often the result of thematic laws that have nothing to do with Islamic jurisprudence.

 

Keywords: execution, Jewish law, religious rights, apostasy, retaliation

 

 

شماره مجله: 
43
شماره صفحه: 
29