A COMPARATIVE STUDY ON PUNISHMENT (PENALTY) BASED ON JEWISH AND ISLAMIC TEXTS ON THREE CRIMES: MURDER, INCEST, AND THEFT

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RASOOL KHANI M.A.

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Paper Information

Journal: JOURNAL OF HISTORY OF CIVILIZATION AND JURISPRUDENCE Year:2010 | Volume:6 | Issue:22 Page(s): 131-161

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Title

A COMPARATIVE STUDY ON PUNISHMENT (PENALTY) BASED ON JEWISH AND ISLAMIC TEXTS ON THREE CRIMES: MURDER, INCEST, AND THEFT

Author(s)

RASOOL KHANI M.A. | Issue Writer Certificate

Keywords

MURDERQ3

INCESTQ3

ROBBERYQ3

THEFTQ3

FELONYQ2

PENALTYQ3

PUNISHMENTJEWQ2

ISLAMQ2

CAPITAL PUNISHMENTQ2

CRIME.Q2

Abstract

MURDER, INCEST or adultery, and THEFT or ROBBERY are three forms of encroachments and oppressions which under the Jewish and ISLAMic criminal laws are considered CRIME.and FELONY that deserve punishment and PENALTY.This paper seeks to deal with these three kinds of CRIME. MURDER, INCEST, and THEFT based upon the Gosspel with its interpretation (exegisis) extracted from it while presenting necessary explanations in this concern. It is also interested in studying these three types of CRIME.based on the Holy Qur’an as well as on traditions with particular explanations and comparisons ending in a reasonable conclusion.The article proceeds to investigate in this context considering a basic analysis and Intellectual reasoning based upon the library studies, which results in the following remarkable points: - In the Jewish texts the punishment of MURDER is retaliation, and there is nothing as blood-money payment, except in one case.But in ISLAM, retaliation can be in the form of blood-money payment in some cases, and occasionally, it may be forgiven.- Under Jewish law, INCEST or adultery has the severest punishments including body cremation, but in ISLAM there are serious conditons to prove it to preserve a Muslim’s dignity.- Under the Jewish law, THEFT or ROBBERY is not of great importance, and its PENALTY is only paying compensation for it, while according to ISLAM, this FELONY is important, for if it is proved, the PENALTY is cutting off the hand.- In conclusion, it is observed that the religion of ISLAM is more moderate and humane than the Jewish creed Thus, the author is attempting to Prove that ISLAM is the religion of kindness and tenderness, not of cruel and violent nature.

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