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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

Life and limb : irreversible hudud penalties in Iranian criminal courts and opportunities to avoid them

Fraser Fujinaga, Antonia Desideria Leask January 2013 (has links)
This is a study of hudud - Islamic 'fixed penalties' - as they appear in Iranian law and courts. It first presents the codified laws and underlying elements from Twelver Shi‘i law (as interpreted by the Iranian legal community) governing the penalties of stoning for adultery, amputation of four fingers for theft, and execution for sodomy and certain variants of fornication (illicit carnal congress between unmarried males and females). It subsequently observes how these laws and concepts are used in practice by analysing previously unavailable court documents pertaining to theft, sodomy, fornication and adultery trials. It thereby seeks to discover opportunities for avoiding these hadd (singular of hudud) penalties, which are termed ‘irreversible’ because they change the condemned irrevocably by killing or maiming them. The material collected suggests several patterns characterising the application of hudud in Iran. The law itself provides so many opportunities for lenience that in most cases, irreversible penalties could theoretically be avoided. However, the law is often so vague that judges have enormous discretion about how to interpret and apply it. This is exacerbated by the fact that the codified law is underlain by Shi‘i texts which jurists, judges and lawyers acknowledge as the true and authoritative source of law. The law’s vagueness necessitates recourse to these texts, but different texts and interpretations thereof can be used in court, leading to unpredictable sentencing. Furthermore, in the cases analysed it was commonplace for laws to be contravened outright. Socioeconomic forces also affected, or were revealed by, some of the cases. As well as many opportunities for lenience, the law contains fundamental obstacles to it, many of which are difficult to abrogate in an ‘Islamic Republic’ because they originate from authoritative Shi‘i texts. Some jurists suggest ways to overcome even these, one being Khomeini’s doctrine whereby state interests can override Islamic orthodoxy to protect the Muslim community and hence Islam itself. The project serves as a ‘handbook’ of codified Iranian hadd law in light of its underlying Shi‘i concepts as understood by Iranian legal specialists. Through a systematic analysis of hadd cases, it shows how these ideas are applied in practice, and could also have practical applicability in the field of human rights.
2

Conversion Theory Through the Cognitive Science of Religion Lense in a Christian-Muslim Context

Garcia, Jennifer A. 12 May 2012 (has links)
The Cognitive Science of Religion (CSR) in recent years is beginning to become more popular. This project evolves around the development of the field as well as critiques of the field. Because of the interdisciplinary nature of CSR, it lends an interesting way to understand religion as well as religious experiences. One of those religious experiences, conversion, is examined and explored through the use of conversion narratives from western women who were formally Christian but converted to Islam. Many themes arise out of this research that paves the way for trying to understand religious experiences. Overall, the project focuses on interpreting the conversion narratives to gain a better understanding of religious conversions for the sake of anthropology, philosophy, and cognitive psychology.

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