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Sharia, the religious law in Islam, requires capital punishment for certain crimes.〔〔Samuel M. Zwemer, The law of Apostasy, The Muslim World Volume 14, Issue 4, pp. 373–391〕 For example, the Quran states, Similarly, capital punishment by stoning for zina (extramarital sex) is prescribed in Hadiths, the books most trusted in Islam after Quran, particularly in ''Kitab Al-Hudud''.〔Z. Mir-Hosseini (2011), Criminalizing sexuality: zina laws as violence against women in Muslim contexts, Int'l Journal on Human Rights, 15, 7-16〕〔Ziba Mir-Hosseini (2001), Marriage on Trial: A Study of Islamic Family Law, ISBN 978-1860646089, pp. 140-223〕 In the four primary schools of Sunni fiqh (Islamic jurisprudence) and the two primary schools of Shi'a fiqh, certain types of crimes mandate capital punishment. Certain hudud crimes, for example, are considered crimes against Allah and require capital punishment in public.〔Mohamed El-Awa (1993), Punishment in Islamic Law, American Trust Publications, ISBN 978-0892591428, pp 1-68〕 These include apostasy (leaving Islam to become an atheist or convert to another religion such as Christianity),〔〔David Forte, (Islam's Trajectory ), Revue des Sciences Politiques, No. 29 (2011), pages 92-101〕 fasad (mischief in the land, or moral corruption against Allah, social disturbance and creating disorder within the Muslim state)〔Oliver Leaman (2013), Controversies in Contemporary Islam, Routledge, ISBN 978-0415676137, Chapter 9〕〔Marion Katz (2006), Corruption of the Times and the Mutability of the Shari'a, The. Cardozo Law Review, 28:171-188〕 and zina (consensual heterosexual or homosexual relations not allowed by Islam).〔 Qisas is another category of sentencing where sharia permits capital punishment, for intentional or unintentional murder.〔Mohamed El-Awa (1993), Punishment in Islamic Law, American Trust Publications, ISBN 978-0892591428〕 In the case of death, sharia gives the murder victim's nearest relative or Wali () a right to, if the court approves, take the life of the killer.〔Encyclopædia Britannica, (Qisas ) (2012)〕〔Shahid M. Shahidullah, Comparative Criminal Justice Systems: Global and Local Perspectives, ISBN 978-1449604257, pp. 370-377〕 Further, in case of Qisas-related capital punishment, sharia offers the victim's guardian the option of Diyya (monetary compensation). In several Islamic countries such as Sunni Saudi Arabia and Pakistan, as well as Shia Iran, both hudud and qisas type capital punishment is part of the legal system and in use. In others, there is variation in the use of capital punishment. Capital punishment for apostasy in Islam and stoning to death in Islam are controversial topics. Similarly, the discriminatory option between capital punishment and monetary compensation for crimes such as murder is controversial, where jurists have asked if poor offenders face trial and capital punishment while wealthy offenders avoid even a trial by paying off Qisas compensation.〔("Qisas being used by the wealthy to avoid trial: CJ" ). ''The Express Tribune'' (Pakistan), 3 October 2013 (concerning the murder of Shahzeb Khan).〕 Another historic and continuing controversy is the discrimination between the death of a Muslim and a non-Muslim dhimmi, as well as discrimination between the death of a man and a woman, used in sharia-ruled states. Woman's life is considered half the worth of a man, while Christians and Jews are worth half of a Muslim, and the life of Buddhist, Hindu, folk religion or atheist is considered 1/16th the worth of a Muslim.〔(I. DISPOSAL OF MORTAL REMAINS (LOCAL BURIAL/DESPATCH TO INDIA) ), Consulate General of India, Jeddah. Retrieved on 3 September 2010.〕 This has led certain Islamic nations to discriminate between Muslims and non-Muslims while imposing capital punishment and compensation, for both intentional murder and manslaughter, depending on whether the victim is Muslim or non-Muslim, as well as based on the religion of the individual who has committed the crime.〔(Saudi Arabia ) U.S. State Department (2012)〕 Lethal stoning and beheading in public under sharia is controversial for being a cruel form of capital punishment.〔Ebbe, O. N., & Odo, I. (2013), The Islamic Criminal Justice System, in Comparative and International Criminal Justice Systems: Policing, Judiciary, and Corrections, CRC Press, ISBN 978-1466560338, Chapter 16〕〔Jon Weinberg (2008), Sword of Justice? Beheadings Rise in Saudi Arabia, Harvard International Review, 29(4):15〕 These forms of execution remain part of the religious law enforced in Saudi Arabia, Yemen, Qatar, United Arab Emirates, Iran, Pakistan and Mauritania.〔R Terman (2007), (The Stop Stoning Forever Campaign: A Report ) WLUM Laws〕〔Javaid Rehman & Eleni Polymenopoulou (2013), Is Green part of the rainbow - Sharia, Homosexuality, and LGBT Rights in the Muslim World, Fordham Int'l Law Journal, 37:1-501〕 ==See also== *Capital and corporal punishment in Judaism *Raif Badawi *Religion and capital punishment#Islam 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Capital and corporal punishment in Islam」の詳細全文を読む スポンサード リンク
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