WHITE COLLAR CRIMES, CORRUPTION AND BRIBERY IN ISLAMIC CRIMINAL LAW: LACUNA AND CONCEIVABLE PATHS

Autores

  • Mohamed A. 'Arafa

DOI:

https://doi.org/10.31501/repats.v5i1.9785

Resumo

The Islamic legal system differs from other legal attitudes, as civil law traditions described by law’s codification or common law practices based on binding judicial precedents. In Islamic law, there is neither history of law’s classification, nor an understanding of binding legal precedents.  The process of ijtihad (analogical deduction) in Islamic (Sharie‘a) law, though, is alike to Case law model. In this regard, Muslim scholars have had over the interpretation of the Sharie‘a rules and divine (God)’s law based on the Qur’anic provisions and the authentic Sunnah (Prophet Mohammad) traditions.  The chief sources of Islamic criminal law are the Qur’an, Sunnah, ijma‘a (consensus), Qiyyas (individual reasoning) along with other supplementary sources.  Where the principles of the Qur’an and Sunnah do not sufficiently resolve a legal issue, Muslim intellectuals use Fiqh (jurisprudence) which is the process of deducing and applying Sharie‘a values to reach a legal purpose and its methodologies and implementation are many, as numerous schools of jurisprudential (Sunni and Shie‘aa) thought (Hanafi, Maliki, Shafi‘i, and Hanbali) transpires.  Based on this succinct backdrop, this article will delve in elaborating the main principles of the Islamic criminal justice system regarding corruption and bribery from a descriptive viewpoint and will concludes that there is no real flaw between the Islamic system and the positive justice mechanisms. 

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Biografia do Autor

Mohamed A. 'Arafa

Assistant Professor of Law at Alexandria University Faculty of Law (Egypt); Adjunct Professor of Law at Indiana University Robert H. McKinney School of Law (USA). Ph.D., Indiana University Robert H. McKinney School of Law (2013); LL.M., University of Connecticut School of Law (2008); LL.B., Alexandria University School of Law (2006). Recently, he has been named to the editorial board of the Arab Law Quarterly in London as a “Managing Editor.” In Spring 2016, he was a Visiting Professor of Law at the University of Brasilia School of Law.

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Publicado

2018-10-10

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