Finding inspiration in Islamic law for expanding the role for families of murder victims in the United States capital sentencing proceedings
[Thesis]
Najla Jeaash
Phillips, Jean K.
University of Kansas
2016
189
Committee members: Benza, Michael; Cateforis, Elizabeth; Craig, Alice A.
Place of publication: United States, Ann Arbor; ISBN=978-1-369-40650-4
S.J.D.
Law
University of Kansas
2016
Where the death penalty is still applied for murder, a victim's family participates in the decision-making processes to varying extents depending on the legal system. Under Islamic law, the victim's relatives play a central role in the sentencing of the offender. They are the ones who decide whether or not death penalty will be imposed. They may choose to have the offender executed. They may also choose to pardon the offender, either for free or in exchange for monetary payment. Yet, forgiveness is preferable and more rewarding according to the Qur'an, the Holy Book of Islam (5:45). The family also may waive the death penalty, but the state maintains an interest in punishing the offender with a discretionary penalty less than death.
American studies; Law
Social sciences;Capital;Islam;Mercy;Murder;Opinion;Sentencing