Citation

Souryal SS, Potts DW, Alobied AI. J. Crim. Justice 1994; 22(3): 249-265.

Copyright

(Copyright © 1994, Elsevier Publishing)

DOI

10.1016/0047-2352(94)90021-3

PMID

unavailable

Abstract

Islamic justice is based on philosophical principles which are considered alien, if not unconscionable, to the Western observer. Prominent among these is the penalty of hand amputation for the offense of theft. This article argues that to understand such practices, they must be examined within the socioreligious philosophy of Islam and in the spirit of true theoretical inquiry. The penalty of hand amputation may not be inconsistent with the fundamentals of natural law or Judeo-Christian doctrine. The imposition of the penalty in specific cases and under rigorous rules of evidence–as the principle requires–may be indeed justifiable, and even necessary, in the Islamic context of sustaining a spiritual and peaceful society.