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Is it an activity qualified as torture only when it is carried out for certain purposes? At the heart of the debate lies the question of whether or not corporal punishment is a form of torture. Aspects of corporal punishment remain acceptable according certain religious traditions. An example of this is found in traditional Islamic law, which has banned both torture and other cruel, inhuman and degrading treatment or punishment, when used for the express purpose of obtaining confessions or information. In other circumstances, however, severe corporal punishment is acceptable in Islamic law. As a result, some Islamic states whose domestic law is rooted in traditional Islamic law, justify their use of torture by invoking Islamic traditions: they claim that corporal punishment is derived from God's will. These states tend to consider its use as lawful sanctions, and it is made legal under their domestic law. In this paper, Iran is studied as one such state.

No description available.

This study researches the Islamic Penal System within a penological perspective. The philosophy underlying this Penal System is that every person is responsible and thus punishable for his criminal actions. Punishment could also await the offender in the Hereafter. A system of penalties and rewards is the cornerstone of the Islamic Penal System. The types of punishment that are allowed by the Shari'ah are, inter alia: the death penalty, lashes, banishment, imprisonment, crucifixion, lapidation and public exposure. There are three categories of punishment: Hadd punishment is reserved for serious offences and cannot be altered in any way whatsoever, Qisas punishment is reserved for homicide and assault, whilst Ta'zeer penalties cover the balance. Since this Penal System can only operate within a true Islamic State, it currently only operates fully in Iran and Saudi Arabia. Numerous other Muslim countries apply this system to a lesser degree, for example, Sudan and Afghanistan. / Penology / M.A. (Penology)

This study researches the Islamic Penal System within a penological perspective. The philosophy underlying this Penal System is that every person is responsible and thus punishable for his criminal actions. Punishment could also await the offender in the Hereafter. A system of penalties and rewards is the cornerstone of the Islamic Penal System. The types of punishment that are allowed by the Shari'ah are, inter alia: the death penalty, lashes, banishment, imprisonment, crucifixion, lapidation and public exposure. There are three categories of punishment: Hadd punishment is reserved for serious offences and cannot be altered in any way whatsoever, Qisas punishment is reserved for homicide and assault, whilst Ta'zeer penalties cover the balance. Since this Penal System can only operate within a true Islamic State, it currently only operates fully in Iran and Saudi Arabia. Numerous other Muslim countries apply this system to a lesser degree, for example, Sudan and Afghanistan. / Penology / M.A. (Penology)

Thesis (J.S.D.)--University of Illinois, 1956. / Includes bibliographical references (p. [325]-329) and index.