Replacing the death penalty with other punishments in the islamic world
- Autores: Kabir Al Hamdouni
- Directores de la Tesis: Mirentxu Corcoy Bidasolo (dir. tes.)
- Lectura: En la Universitat de Barcelona ( España ) en 2021
- Idioma: español
- Materias:
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- Resumen
Despite the universal abolitionist movement against the practice of capital punishment still, countries with the most inhabitants are preserving this penalty in their penal codes. However, fortunately, the number of abolitionists de jure is growing broadly during recent years. The mentioned progress can be a consequence ofthe global tendency of nations towards democracy, education, enlightenment, and perhaps, tolerance, resulting from intemational actions aiming to increase public awareness. Regarding these facts, the objective of the thesis is to introduce altemative punishments to the death penalty in countries with a high risk of executing their citizens, using philosophical concepts, legal principies, and experience of other abolitionist countries. Discarding China, due to unreliable statistics and information, we focus on the states in the second and third rank, respectively, Iran and Saudí Arabia. Due to being followers of two different Islamic denominations, these countries share a significant part of their jurisdiction that is based on Shari'a.
lncluding France and Spain because ofthe juridical impact of the former and the democratic transition of the latter is an endeavor to find a path towards outlawing the death penalty using their proven experience and considerations and understanding our options in reaching our objective. After dealing with cons and pros argumentations, we study the global statistics with specific attention towards our target countries. Later, we sean the legal history of the four states focussing on the process of abolition in Spain and France to find and suggest a systematic judicial pattern to replace and commute the penal codes ofthe two other countries by proposing altemative punishments. Even though we intend to follow principally the methodology recommended by the United Nations, we also try to deal wíth theological, philosophical, judicial attitudes, and treaties and conventions alongside legal principies regarding the death penalty to propound the restricting policy to use this punishment. We also incorporate a set of rights and necessary information not only to protect the right of the convicted persons but also to facilitate future investigations. The result that we reach is optimistically operational for countries that desire this reformation. In other words, Spain, after an unsuccessful abolition, had sufficient experience to codify laws in which the death penalty was accompanied by an alternative punishment leading to a more uncomplicated process of outlawing capital punishment through its replacement with the mention options. For other penalties, likewise France, it suggested the maximum sentence lísted in the scale after capital punishment. Using this systern and other methods of interpretation, we could propound alternative penalties for all capital crimes in IIPC. However, Saudí Arabia, due to the lack of a penal code, misses the opportunity to be treated systematically, e ven though we recommend sorne amendments towards general Islamic law. The suggestion for1he mentioned country is not to sign any execution by the king as an act of merey and pardon while imprisoning or fining the convicted to the maximurn penalty after death. Eliminating any discriminatory factor regarding gender, religion, or any other feature, we would finally try to reach the statement of «the death penalty is abolished» without any reservation or additional phrase, basically because it is not necessary to impose an irrecoverable penalty while having other altematives at their disposal.
