The Historical Development of the Shari'a, "Islamic Law"

It is among thinkers of the last group that handling of a modern Moslem jurisprudence has emerged.

In addition, a number of Muslim (or Muslimdominated) states go through, in recent years, move with great fanfare to adopt "Islamic legal philosophy" and punishments. These include, or so notably, Iran, Pakistan, Saudi Arabia, and Sudan. These states present us with most of our easy grounds of the application, or attempted application, of Islamic criminal procedure and penology in the modern world.

Even for these states, the actual information useable regarding procedure and punishments is extremely limited. There is considerable reportage in the Western press of the more dramatic impositions of Islamic punishments of the differentiate that shock rightthinking Westerners  beheadings, stonings, amputations of hands. Actual, detailed information or so the rates of imposition of various punishments, about criminal greet procedures, and other features about criminal procedure and penology are, however, more often than not lacking. In many cases this information may not have been compiled at all; even if it has been, it is not readily available to investigators. Thus, our information on actual governmental practices is largely anecdotic rather than systematic; as we shall see below, our information on "normative" practice is even more limited for historic reasons which were ou

Adultery: Four witnesses or confession

Muslim citizens as a whole constitute the Ummah, or Islamic tribe. Therefore, nonMuslims are not politically part of that nation. In no way does this affect equality before the law or equal justice. All who live under the overprotective covenant of the Shari'a are entitled to all privileges and immunities without distinction of race, religion, or national origin ...

Islamic rules of recite stipulate that should thither be no confession, a defendant's guilt must be established by direct rather than circumstantial narrate; documents have no independent evidentiary value.

A homicide, for instance, cannot be proved by the fact that witnesses overheard a violent struggle, proverb the accused emerge from his house with a bloodvarnished knife, and then discovered the victim's body in the house. Circumstantial evidence is termed "suspicion" and will only support a creed where it is so strong that it is considered conclusive, or when it is supported by 50 confirmatory oaths (either oaths taken by cardinal people or a total of fifty oaths by less than fifty people) taken by the relatives of the victim swearing to the guilt of the accused.

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olfactory sensation of alcohol on the breath are recognized by some jurists as presumptions that establish the crimes of theft and drinking alcohol.

He goes on to list what he views as some prefatory characteristics of Islamic punishments, characteristics which in his view are given insufficient attention by critics of Islamic penology.

In conclusion, I would paint a picture that purely religious rationalization of hudood is insufficient defense for including these offenses and their punishments in the criminal law of a modern nationstate. Yet no effort has been made to justify hudud in crosscultural, crossreligious penological and sociological terms. From an Islamic point of view, I

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