Western and Islamic Laws
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Western and Islamic Law
Written by: Chelsea Cruz
Teacher: Mr. Timothy Sparks
Date: 04/22/2010
If you ever read the story of The Kite Runner, did you ever question what might be
the punishment for Sohrab shooting Assef in the eye with the slingshot? Should Assef
get punished for raping Hassan and then raping Hassans son, Sohrab? Would Amir get
punished for pretending not to see Assef raping Hassan? Well, lets take a look at both
the Western law and Islamic Laws and together we can decide what, if any, might be
their punishments.
Self-defense in the Western Law is defined as “protecting oneself from injury at the
hand of others. Self defense is not about taking vengeance or not about punishing
criminals, instead it involves preserving ones own health and life when it is threatened
by the actions of others. When speaking about using potentially lethal force in self
defense, they are talking using weapons to protect ourselves and others, even if the
weapons used could kill the attacker. (Alexander, Larry)
With or without a constitutional right to self-defense, all states grant a defender the
right to defend himself in certain circumstances. At the level of legal
implementation of moral rules, there may be reasons why the state may need to
depart from the underlying morality. Or, more accurately, the state may need to
take into account moral considerations outside of the morality of self-defense itself
in determining how to codify self-defense.
According to defense attorney Kevin Snider, it is not a crime to watch a crime, so
to speak. If you are out somewhere and happen to witness a crime, you have no
duty to report it, no duty to help and you are not committing a crime if youre
solely there watching it. (Biblical Self-defense)
Now, lets take a look at the Islamic laws. If someone gauges [sic, gouges] out the
eye of another, he can be condemned in accordance with the law of retaliation, even if
he himself has only one eye and will be blind as a consequence. No reason exists for
him not to pay compensation.
Removing eyes and teeth come directly from the Quran, the eternal word of Allah,
which must be imposed on humankind for its own good. Therefore, how can traditional
and Quran-believing Muslims reform unless they leave behind their sacred book?
Here is how the eye-for-eye nightmare appears in the Islam that Muhammad taught–
pure, true, and original Islam. First, a verse in the Quran, analyzed in its literary and
historical context, orders explicitly this punishment. Second, the hadith (reports of
Muhammads words and deeds outside of the Quran) records reliable traditions that say
to knock out teeth and poke out eyes. (Muslim Village)
“Spreading mischief in the land” can mean many different things, but is generally
interpreted to mean those crimes that affect the community as a whole, and destabilize
Essay About Self-Defense And Self Defense
Essay, Pages 1 (492 words)
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