CRI343H1 Lecture Notes - Lecture 8: Genderqueer, Victims Family, Mufti
Document Summary
Islamic cjs has good legal reasoning / logic too. Aspects of islamic cjs: nine aspects islamic cjs: (1) rooted in a sacred text and subsequent interpretations, qur"a(cid:374) (cid:272)o(cid:373)es fro(cid:373) god, (cid:374)ot ruler or government. This text is seen as a perfect author, not really questioned like constitution: ^ but there is(cid:374)"t (cid:373)u(cid:272)h a(cid:271)out la(cid:449) i(cid:374) the qur"a(cid:374) itself. It is also non-binary; there are five different classes of options: obligatory, recommended, neutral, disapproved, or forbidden. (3) trials tend to be law finding; decisions are made by judge in a law finding trial. All parties responsible or obliged to bring together the objective facts of the case (like civil law). We (cid:272)a(cid:374)"t do justi(cid:272)e to the (cid:272)o(cid:373)ple(cid:454)it(cid:455) in just one class. Traditions have existed and developed and adapted over hundreds of years through work of many legal scholars and experts. Punishment in islamic cj (1) media tends to portray islamic cjs and punishment as brutal.