Challenges in Enforcing Islamic Criminal Law: Perspectives from Islamic Principles and Contemporary Legal Frameworks

Abstract

The paper aims to research the implementation challenges of Islamic criminal law in developing Muslim countries. The study explores the distinctive principles, categories, and jurisdictions within Islamic criminal law, juxtaposing them with international criminal law frameworks. It explains how Islamic legal traditions shape the legal, political system and social systems in Islamic nations, while also addressing scholarly debates and international perspectives on its application and compatibility with Western legal paradigms. The analysis emphasizes the author's exploration of these complexities and the broader implications for justice systems in Muslim-majority nations. The study assesses the prospect of reconciling Islamic legal principles with modern expectations for legality, a fair trial, and the upholding of human dignity while digging deeper into the conflict among the purposes of Islamic criminal law with international human rights norms. It makes the case that an understanding of the Islamic jurisprudence that is contextual and goal-oriented, especially through the principles of maqāṣid al-sharīʿah, may describe a useful framework for resolving current enforcement issues while upholding the core goals of Islamic criminal justice.