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

Criminal Law and the Rights of the Child in Muslim States: A Comparative and Analytical Perspective
Published:
January 2011
Publisher:
British Institute of International and Comparative Law
ISBN-10:
978-1-905221-45-5
Cover:
Paperback
Pages:
400
 
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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 aims to identify possible harmonization between the obligations of international human rights law (eg the UN Convention on the Rights of the Child) and the criminal justice systems within each State, particularly Islamic law (Sharia).

This 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, and the United Kingdom. Among other issues, the authors discuss:

  • The definition of 'child' in criminal law
  • Rights for child offenders under international law (UNCRC, the Beijing Rules)
  • 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.

'Inspiring...I found this treatise to be interesting and even enlightening. Its study by lawyers, judges, social scientists and academics will broaden their outlook on these important aspects of our legal system.' -Justice Ejaz Afzal Khan, Peshawar High Court

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Nisrine Abiad

Nisrine Abiad is a Research Fellow at the British Institute of International and Comparative Law, and was the Director of this research project. She was a lecturer in Administrative Law at the Faculty of Law at the University of Lebanon before joining the Institute in 2007.

Farkhanda Zia Mansoor

Farkhanda Zia Mansoor was a Research Fellow at the British Institute of International and Comparative Law. She is a Professor of Law and Chairperson of the Department of Law at International Islamic University, Islamabad, Pakistan.