Criminal Law and the Rights of the Child in Muslim States: A Comparative and Analytical Perspective

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BIICL, 2010 - Law - 385 pages
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By analyzing legislative and judicial actions in a selection of Muslim and non-Muslim States in relation to the rights of the child in criminal matters, this book identifies the possible harmonization between the obligations of international human rights law (e.g. the UN Convention on the Rights of the Child [UNCRC]) and the criminal justice systems within each State, particularly Islamic law (Sharia).The book features introductory chapters on child offenders in criminal law and Islamic law, and country reports (from rapporteurs) on Afghanistan, Egypt, Lebanon, Iran, Malaysia, Nigeria, Pakistan, Spain, Turkey, the United Arab Emirates, as well as the UK. Among other issues, the book discusses: the definition of 'child' in criminal law * the rights for child offenders under international law (UNCRC, the Beijing Rules, etc.) * the rights of the child under Islamic regional instruments * Islamic law, as it relates to child offenders * the age of criminal liability * the death penalty * the role of the judiciary in criminal cases within Muslim jurisdictions. Theoretical and comparative research methods highlight that the position of Islamic law on the age of criminal liability and the legal rights of child offenders is nuanced, both through the way various ways Islamic criminal law is implemented and the role of the judiciary in expanding the protection of juvenile offenders.
 

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Contents

Part I
3
Country Reports
83
Criminal Law and the Rights of the Child in
169
Criminal Law and the Rights of the Child in Pakistan
233
Criminal Law and the Rights of the Child in Spain
259
Criminal Law and the Rights of the Child in Turkey
281
Criminal Law and the Rights of the Child in the United
303
Criminal Law and the Rights of the Child in
309
United Kingdom
319
Concluding Analysis
345
Bibliography
363
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