Online Law Degree

Posts Tagged ‘Criminal’

With the increasing rate of criminal incidences and security issues, criminal justice is emerging as an important course to be learned and is gaining wide popularity over the years. The recent events of terrorism have generated a rave amongst citizens to gather knowledge about the subjects quite unknown to them, and hence criminal justice has become a really interesting topic to study as of now. Criminal law bachelor’s degree will provide the student a rare chance to understand the laws and regulations enforced to keep the criminal justices at par and also comprehend upon the cj theory, corrections, law enforcements, courts, forensics and paralegals.

A bachelor’s degree in criminal law will also help an individual to gain entry-level jobs or can also make the person eligible for enhanced career options like the corrections, public safety, parole, investigation, juvenile justice, court systems, private protective services, probation and law enforcements.

It is interesting to note that there are a huge number of universities and colleges who are offering the bachelor program in this category and with specialization in specific areas in criminal law. Kaplan University is amongst the top class universities of the country and enjoys a unique position of providing bachelor programs in criminal justice highlighting on eleven varied areas of the subject. The university provides BS programs in Legal studies and a BS programs in Paralegal studies. Everest University Online also provides diverse bachelor degrees in criminal investigation, paralegal studies and homeland security, which gives this great chance to the students to concentrate on their area of interest.

American InterContinental University Online provides an accelerated bachelor program on the subject. Capella University offers BS in Public Safety with specializations including Homeland Security and paralegal education. Strayer University is quite different in its approach of providing degrees based on the tastes of the students like the BS in Criminal Justice with Homeland Security and Emergency Management or Homeland Security Technology as the specialization subjects. Bachelor degree programs in Crime Scene Investigation, Cyber Crime and Juvenile Justice is offered by the South University and is quite popular for its exclusive contribution of different degrees which is based on the needs of the students. Walden University provides an exclusive program known as the Bachelor of Science (B.S.) in Criminal law and Criminals.

It is important to know that a bachelor’s degree in criminal law will enrich the student with knowledge about the various criminal justice procedures and the knowledge for public safety research and principles. Criminal Justice Bachelor degree programs will put you in front of your career lane and will allow you to be a specialist at your task, displaying professionalism and commitment towards your job.

Introduction

The legal field is growing at a rapid pass, one of the encouraging factor for this growth is the investment of government in homeland security. The investment in homeland security has also lead to the increase of demand in public and private safety. Many law enforcement departments now have increased the academic requirements for law enforcement officer, security personnel or other position that requires knowledge in criminal justice, most of them require at least an associate degree for the position or career promotion. This means that in the field of criminal justice, qualified and skilled professionals are always in demand.

Earn Your Criminal Justice Degree Online

To upgrade the skills & knowledge in criminal justice or to enter into this highly demand field without stopping your current work (or simply busy) isn’t as hard as it used to be. The time, distance and financial constraints of higher education have all but disappeared with the arrival of distance learning and now everyone who are interested in this field can earn the criminal justice degree via online technology. Today, many traditional universities and online colleges offer Criminal Justice Degrees and the students can attend the courses online. Among the universities who offers Criminal Justice Degree Online are:

University of Phoenix Online
Kaplan University
Boston University
American InterContinental University Online
Colorado Technical University
Grantham University
Keiser College Online

Career Opportunities A criminal justice degree can put you on a career path in Law Enforcement, Investigations, Courts, Security, Corrections, Law, Forensic Science and Public Safety. Among these careers are:
Crime Scene Investigation Crime scene investigators are responsible for carrying out complex crime scene investigations. They are accountable for the initial evaluation of the scene, and use various types of equipment to cultivate, secure, and package any physical evidence found at the scene. Base on the degree level and experience, the annual salary range for this career may range from $35,000 to $55,000.

ATF Agent ATF Agent usually Work for the U.S. Treasury Department and they are responsible for the implementation and enforcement of U.S. laws concerning the possession and sale of alcohol, tobacco, and firearms. Base on the degree level and job grade, base annual salary range for this job range from $30,000 to $130,000. (see example hiring ad for ATF agent at USAJobs – jobsearch.usajob.opm.gov )

CIA Agent The CIA Agent roles include providing accurate, timely, comprehensive, evidence-based, foreign intelligence associated with national security; and conducting special activities, counterintelligence activities, and other functions related to national security, and foreign intelligence, as directed by the President. The annual salary for this job may vary by job functions but this is one of the high income categories in criminal justice field.

Criminologist Criminologist primarily involved in research and teaching, criminologists supply a great deal of knowledge to the study of policing, police administration and policy, juvenile justice and delinquency, corrections, correctional administration and policy & etc. According to a 2002-03 survey by the American Association of University Professors, salaries for full-time faculty averaged $64,455. By rank, the average was $86,437 for professors, $61,732 for associate professors, $51,545 for assistant professors, $37,737 for instructors, and $43,914 for lecturers.
FBI Agent Federal Bureau of Investigation (FBI) agents are the Government’s primary researchers, accountable for investigating infringement of over 260 statutes and performing susceptible national security investigations. The average annual salary for a FBI Agent is in range of $40,000 to 100,000.

Forensic Psychology Forensic Psychologists apply psychology to criminal justice. They frequently deal with legal issues such as news law, and public policies, and are asked to determine the mental state and competency of the defendant at the time of the crime, and throughout the legal proceedings. Psychologists earned between $45,000 and $100,000 annually. (see example job ad at (see example hiring ad at USAJobs – jobsearch.usajob.opm.gov)

Forensic Science Forensic scientists help to solve crimes by collecting and analyzing physical evidence and other facts found at the scene. They specifically analyze fingerprints, blood, semen, firearms, saliva, and drugs, and may also reconstruct skeletal bones. Experienced forensic scientists earn an average salary of $55000 per year. Federal salaries are usually higher. (see example job ad at (see example hiring ad at USAJobs – jobsearch.usajob.opm.gov )

Paralegal Paralegals are supervised by licensed attorneys. They offer assistance by completing legal research, preparing notebooks for trial, interviewing clients, helping write legal briefs, reviewing and updating files, and drafting documents. Salary and benefits for paralegals vary according to location, job responsibilities, and the type of law office they work for. Starting salaries usually range from $1,300 to $1,800 per month in smaller towns and law firms. Paralegals employed by the federal government earn an average annual salary of between $20,000 and $25,000, according to their experience and skills.

Summary

The career opportunities mentioned above are not the full job list, there are many jobs related to criminal justice field for you as a graduate major in this area. Please note that the salary figures stated for each job types are for your reference purpose, the figure may vary by hiring locations, degree types, job requirement & etc.

A good college

The requirements to get a criminal justice degree vary from school to school, but there are some things that remain consistent from one institution to the next, as there are certain standards for accreditation that require a certain level of consistency throughout the programs.  Anyone who is considering getting one of these criminal justice degrees should definitely be prepared for the expectations of the program.  Not all degree programs are alike, though, so it’s also important to understand the different options.

Criminal justice degree programs tend to be set up in either one of two ways.  Some programs are more academic and focus on the many theories that explore the social dimensions of crime.  Others are set up to prepare individuals for specific vocations.  And with a criminal justice bachelor’s degree, there will also be general education and elective courses required.  The criminal justice degree at Villanova University, for example, focuses on the perspective of criminology, with required courses including Introduction to Criminal Justice, Criminology, Police and Society, Criminal Courts, Penology and Corrections and Criminological Theory.

The requirements to get a criminal justice degree like the one from Villanova will also require a course centered on statistics, but these aren’t just any stats classes that you’d normally take in college.  Course options include Criminal Justice Research and Statistics, Data Analysis for Social Scientists and Applied Research Methods.  Students must also choose from electives such as The Supreme Court, Capital Punishment, White Collar Crime, Victimology, Drugs and Society, Sociology of Deviance, Juvenile Delinquency, Sociology of Law and Race and Ethnic Relations.

Other schools such as the University of Southern Illinois have a very different approach with their criminal justice degrees, which use a much more pragmatic methodology.  The required courses for this program include Introduction to Criminal Justice Administration, Policing in America, Analysis in Criminal Justice, Prosecution and Adjudication, Introduction to Private Security, Introduction to Corrections and Victims of Crime.  These courses are designed for students who plan on entering vocations in the criminal justice field as soon as they graduate.  Both of these programs, however, will require some standard criminal justice courses as well as general education courses.

I’m an aspiring criminal lawyer, hopefully a prosecuting lawyer in the future. I am in my first year of undergraduate work at the University of Florida and I am well acquainted with the process of becoming a lawyer and earning a JD. I understand it is important to keep a great GPA and do well on the LSAT to get into a good law school.

However, my true question is whether there are any specific law schools that stand out as better schools in the specialty of criminal law.

To clarify, there are many rankings of the law schools on the internet, usually with Harvard, Georgetown, Yale, etc towards the top. However, they are generally an overall ranking of the school which gives a broad education for all types of aspiring lawyers from those who want to get into family law, appeals courts, corporate business, etc.

Are there any certain law schools that are known for pumping out some great criminal lawyers, or is there really no preference to the school apart from its overall prestige and education. Obviously going to Yale Law school will give me better career opportunities than earning an online law degree. However, I was wondering if among the top, or any general cluster of law schools, if there were any that stood out as extraordinary for criminal law in particular.

This is just a general inquiry on the subject. I know I have a few years to go before I will be deciding which law schools to go to, and many more years before I’ll be considering specialties and where I want to practice. But I was hoping to gain some input early so I can possibly set my goals high for some better law schools that fit my interests.

In recent years, due to increased   amount of criminal practices and terrorist attacks, there is enormous demand of educated security force. Because of this, numbers of criminal justice degree online courses are introduced. Some of the popular online criminal justice degree courses are homeland security degree, degree in law enforcement, online public safety & security degree, bachelor and master degree in corrections,  computer security online Degree, online forensics degree and crime investigation degree.

Online Homeland Security Degree

The online degree provides education and skills needful for progress in corporate and governance security. A variety of degrees and diplomas are obtainable in homeland security degree like bachelor and master degree in homeland security, Diploma in homeland security, undergraduate documentation in homeland security and homeland security associate degree.

Law Enforcement Degree

Law enforcement officer is generally has the fundamental duty to safeguard innocent and weak mankind against violence and to respect all fundamentals and constitutional rights of a person. Law enforcement officer has variety of duties depending on the size of union.  Locomotive superior opportunities with online degree and postgraduate degree in law enforcement from different authorized criminal justice colleges.

Corrections Online Degree

Computer Security Degree

Computer crime is global theft and increasing day by day. Cyber crime like hacking is a very  severe   danger  for national security and economy . A degree in computer security enables very basic  kind of the cyber crime and computer crime. . Computer security degree includes understanding  and safeguarding computer cyberspace and digital assets .

Crime Investigation Degree

Crime Scene Investigator  undertake  with some  detailed type of cases.  Crime scene investigator  scans  and gathers records,  monitor the  tricks of the crime areas. With  superior criminal justice degree in crime investigation, Graduates may pursue  career as fingerprint technicians, print examiners and evidence technicians.

Public Safety and Security Degree

The degree in public safety and security degree  permit emergency  reaction and skills to lead and motivate  weak during emergency situations. . Walden University and Capella University  get ready candidate to tackle  and address  dissimilar   crisis situations.

Online Forensics Degree

Online degree in forensics  consist of  crime scene investigator, computer forensics specialists and  inspect cheaters and fraud.

In recent years, there is an increase of 27% in demand of FBI agents, forensics and police officers. All these criminal justice degrees and courses are  accessible online and  qualified  from popular  criminal justice colleges like university of phoenix, Everest University, Kaplan University, Westwood College and many more.

I have a AA degree in Administration of Justice, and I currently finishing my Bachelor’s degree in Social and Criminal Justice. Are there many jobs out there that would hire an entry level graduate without. I don’t want to have to go back to school again for a Master’s or some other type of specialty courses.

I am about to finish my online degree from the University of Phoenix.
It is a Bachelor’s in Criminal Justice.
I want to apply to Law School after.
I am about to finish my online degree from the University of Phoenix.
It is a Bachelor’s of Science in Criminal Justice.
I want to apply to Law School after.

Not the online program. I am talking about attending their 3 year in-class program for a bachelors degree in criminal justice.
There have been a lot of negative comments about the school, but when I called my local police and sheriff’s departments, they said Westwood was on the list of accredited schools.

Analyses Islamic punishment

In

Iranian Islamic criminal code

Author: EHSAN ZARROKH

LLM OF ISLAMIC LAW

ZARROKH2007@YAHOO.COM

Abstract

I think criminal code is so important than other legal code because criminal law relevance to people life, honor and property so I think if you want scrutiny develop of society you must note to its criminal law & penal procedure. Iranian Islamic criminal law based on FIGH; so I explain some articles that exactly based on SHARI’A rules.

I try to state cause of Islamic rules and state roots of them with reference to KORAN, SUNNAH (stories of Islam messenger “MOHAMMAD”).

Here I say about “Rape, incest, adultery, Sodomy, Lesbianism, Pimping, Sexual Malicious Accusations, Intoxication, Civil Unrest (warfare and corruption on earth), Theft, Retaliated Punishments as Dead Penalty, Retaliated Punishments to Body Organs, Definition of Blood Money(mulct), Blood money for Murder, Liability for Blood Money, Causing a Crime, Blood Money for Body Organs, Blood Money for Abortion and …”.

Legislator in Article 12: There are five types of punishments: a) HAAD; b) GHESAS; c) DIYAT; d) TA’ZIRAT, e) DETERRENT PUNISHMENTS. Consider punishment.

3-1) HAAD

Under Article 13: HAAD is a punishment that its degree and type is not been specified in the SHAR’A.

HAAD divided into:

Rape [(sexual intercourse take by force) & incest (sexual intercourse with intimate woman) ZINA]

Sodomy [(anal intercourse) LAVAT]

Lesbianism [(female homosexuality) MOSAHEGHEH]

Pimping [manage a prostitution business (GHAVVADI)]

Sexual Malicious Accusations (GHAZF)

Intoxication [drunkenness (MASTI)]

Civil Unrest [warfare and corruption on earth (MOHAREBEH VA EFSADE FEL ARZ)]

Theft [robbery (SERGHAT E HAADDI)]

Rape & adultery & incest

Under Islamic criminal law we have three kinds of sexual relation: 1) rape: physically force another person to have sexual intercourse 2) incest: sexual intercourse with intimate woman like mother, sister… 3) adultery: sexual intercourse that adulterer & adulteress have wife or husband.

For make easier, in this article I don’t tell between them; in Article 64:” Adultery shall be punishable (subject to HAAD) when the adulterer or the adulteress is of age, sane, in control of his or her action and cognizant of the illicit nature of his or her act.” Legislator define ZINA; Ways to prove adultery in court are: 1) confession this way state in Article 68: “If a man or a woman repeats his or her confession of adultery four lashes before the judge, he or she shall receive the designated punishment, but if he or she repeats his or her confession fewer than four lashes, the punishment shall be at the judge’s discretion.” 2) Testimony this way state in Article 74: “Adultery, whether punishable by flogging or stoning, may be proven by the testimony of four just men or that of three just men and two just women.” And Article 75: “If adultery is punishable only by flogging it can be proven by the testimony of two just men and four just women.” Also I must say according to Article 76: “The testimony of women alone or in conjunction with the testimony of only one just man shall not prove adultery but it shall constitute false accusation which is a punishable act.” the testimony of women alone or in conjunction with the testimony of only one just man shall not prove adultery, because Islamic jurisconsult say women are sentiment and they can think well so can’t accept their testimony with out men in important cases and in these cases their problem in think eliminate with increase their number for testimony, so two woman are equal with a man.

Types of Punishments for Adultery state in 8 articles so I statement and explain them. Article 82: The penalty for adultery in the following cases shall be death, regardless of the age or marital status of the culprit: (1) Adultery with one’s consanguineous relatives (close blood relatives forbidden to each other by religious law); (2) Adultery with one’s stepmother in which the adulterer’s punishment shall be death; (3) Adultery between a non-Muslim man and a Muslim woman, in which case the adulterer (non-Muslim man) shall receive the death penalty; (4) Forcible rape, in which case the rapist shall receive the death penalty.

Article 83: Adultery in the following cases shall be punishable by stoning: (1) Adultery by a married man who is wedded to a permanent wife with whom he has had intercourse and may have intercourse when he so desires; (2) Adultery of a married woman with an adult man provided the woman is permanently married and has had intercourse with her husband and is able to do so again. Note: adultery of married woman with a minor is punishable by flogging.

I must say adultery of married woman with an insane man is punishable by stoning;

But adultery of married man with an insane woman is punishable by flogging; here we see difference between men and women, Islamic jurisconsult say if woman adultery with insane man, because the man is adult may inseminate her so her punished her by stoning; but I think just way is one punishment for man and woman. Article 84: Old married adulterers and adulteresses shall be flogged before being stoned.

Article 87: if a married man commits adultery prior to consummation [sexual intercourse], he will be sentenced to penance by lashes, shaving his hair and banishment for one year. But marriage enough for woman, doesn’t need to intercourse and they condemn to stoning.

Article 88: The punishment for an unmarried adulterer or adulteress shall be one hundred lashes.

Article 90: If a man or a woman has committed the act of adultery several lashes and has been punished after each act, he or she shall be put to death following his or her fourth act of adultery.

Article 94: if there is no hope for the recovery of the sick persons and the judge deems it appropriate for penance to be executed, a bunch of twigs or scourges consisting of one hundred scourges or twigs will be struck only once to the body of the condemned, although not all of the twigs or scourges may strike the body.

I must say under Islamic criminal law it called ZEGHS.

Article 95: if a person who is condemned to penance becomes an apostate [a born Muslim who changes his/her religious] or insane, the penance will not be valid.

Quality of Punishment

Article 100: The flogging of an adulterer shall be carried out while he is standing upright and his body bare except for his genitals. The lashes shall strike all parts of his body–- except his face, head and genitals– with full force. The adulteress shall be flogged while she is seated and her clothing tightly bound to her body.

Article 102: The stoning of an adulterer or adulteress shall be carried out while each is placed in a hole and covered with soil, he up to his waist and she up to a line above her breasts.

Jurisconsult says about reason of this article, that because woman breasts are salient she must placed in a hole and covered with soil up to her breasts; but I must say just way is both of them placed in a hole up to their breasts.

Article 103: if during stoning the stoned person flees from the pit and his/her adultery was proven by his/her confession, he/she will not be returned to the pit. But if his/her adultery was proven by the testifying of the witnesses, he/she will be returned to the pit for the stoning to be executed.

Note: if person who is sentenced to lashes flees, he/she will be returned for execution of the penance [whether the adultery was proven by his/her confession or testimony of witnesses].

Article 104: the stone shouldn’t be big enough to kill the person by one or two strike, neither should it be so small that it can’t called a stone.

Cause of legislation of this article is suffered of guilty.

Sodomy

Article 108: Sodomy is sexual intercourse with a male.

Article 109: In case of sodomy both the active and the passive persons will be condemned to its punishment.

Article 110: Punishment for sodomy is killing; the SHARI’A judge decides on how to carry out the killing.

Killing define in FIGH as kill with sword; throw of mountain, demolish wall on guilty and burn this one may attach to others.

Article 112: If a mature man of sound mind commits sexual intercourse with an immature person, the doer will be killed and the passive one will be subject to TA’ZIR of 74 lashes if not under duress.

Article 113: If an immature person commits sexual intercourse with another immature person, both of them will be subject to TA’ZIR of 74 lashes unless one of them was under duress. Articles 112 and 113 are most wondrous that child punished if they commit sodomy whereas article 49 state “minors, if committing an offence, are exempted from criminal responsibility. Their correction is the responsibility of their guardians or, if the court decides by a center for correction of minors.”

Ways of proving sodomy in court

Confessing and testimony these ways state in two articles:

Article 114: By confessing four lashes to having committed sodomy, punishment is

Established against the one making the confession.

Article 117: Sodomy is proved by the testimony of four righteous men who might have observed it.

Article 119: Testimony of women alone or together with a man does not prove sodomy.

Crimes dependent to sodomy

Article 121: Punishment for TAFKHIZ (the rubbing of the thighs or buttocks) and the like committed by two men without entry, shall be hundred lashes for each of them.

Article 122: If TAFKHIZ the like are repeated three lashes without entry and punishment is enforced after each time, the punishment for the fourth time would be death.

Article 123: If two men not related by blood stand naked under one cover without any necessity, both of them will be subject to TA’ZIR of up to 99 lashes.

Article 124: If someone kisses another with lust, he will be subject to TA’ZIR of 60 lashes.

Lesbianism (MOSAHEGHEH)

Article 127: MOSAHEGHEH (lesbianism) is homosexuality of women by genitals.

Article 128: The ways of proving lesbianism in court are the same by which the homosexuality (of men) is proved.

Article 129: Punishment for lesbianism is hundred (100) lashes for each party.

Article 131: If the act of lesbianism is repeated three lashes and punishment is enforced each time, death sentence will be issued the fourth time.

Article 134: If two women not related by consanguinity stand naked under one cover without necessity, they will be punished to less than hundred (100) lashes (TA’ZIR). In case of its repetition as well as the repetition of punishment, hundred (100) lashes will be hit the third time.

These articles define lesbianism and its condition and ways of prove it in the court.

But there is one grotesque article about prove lesbianism legislator state in Article 128: The ways of proving lesbianism in court are the same by which the homosexuality (of men) is proved, when this crime only committed with female and their testimony can’t prove it how prove it???!!!

Pimping (GHAVVADI)

Article 135: Pimping means that someone brings two individuals together or puts them in contact with each other for fornication or homosexuality.

Article 136: Pimping is proved by two confessions if the confessor is mature; of sound mind has free will and intention.

Article 137: Pimping is proved by the testimony of two righteous men.

Article 138: Punishment of a man for pimping is seventy (70) lashes and exile from the place of (his) domicile for a period of 3 months up to one year and punishment of pimping by a woman is seventy five (75) lashes only.

Difference between man & women in this article emanate than Islamic order about women that they must stay at home and doesn’t visited in society so Islamic legislator try to contemplate it.

Sexual Malicious Accusations (GHAZF)

Article 139: GHAZF (malicious accusation) means that someone associates fornication or sodomy with a certain person.

Article 140: Punishment for GHAZF (malicious accusation) is 80 lashes for a man or woman.

Note: execution of penance for false accusation is subject to the request of the accused

Article 146: false accusation will result penance if the accuser [i.e. the person who accuses] is mature, sane at liberty and intensive and the accused is also mature, sane, Muslim and righteous. If the accuser and accused don’t have one of these conditions, penance for false accusation will not be proven [should have been false accusation will not be proven]

Article 147: if a discerning minor falsely accuses another person, by the decision of the judge he/she will be subject to corrective measurement. If a mature and sane person falsely accuses a minor or a non-Muslim he/she will be sentenced to up to seventy four lashes.

Article 149: if a person falsely accuses his/her relatives, he/she will be penance.

Note: if a father or parental grandfather falsely accuses his son or grandson, he will receive punishment according to the TA’ZIR [up to seventy for lashes].

Articles 153: false accusation will be proven by two confessions or by the testimony of two just men.

Article 157: if a person falsely accuses other people on several occasions and he/she is penance after each occasion, on the fourth occasion he/she will be executed.

Article 164: the right or request for execution of penance will be transferred to all heirs except wife or husband. Every one of the heirs can request for the execution of penance, although the rest of the heirs have pardoned [the accused].

Intoxication (MASTI)

Intoxication means altering of one’s mental or physical state usually as a result of ingesting some substance; of euphoria, exhilaration; poisoning; under Islamic criminal law intoxication punished by HAAD.

Ways of prove

Article 168: if a person confesses twice to consumption of intoxicants, he/she will be penance.

Article 170: consumption will only be prove by testimony of two just man.

Article 171: if one of the two just men testifies that a person has consumed an intoxicant and the other testifies that the person has vomited an intoxicant, the penance is proven.

Article 174: The punishment for intoxication is 80 lashes for both men and women.

Article 176: When flogging is carried out, the man being flogged shall be in a standing position and be bared except for his genitals, whereas the woman being flogged shall be seated and her clothing tightly bound to her body.

Note. The face and head and genitals of the condemned shall not be struck by the lashes during flogging.

Article 179: if a person consumes an intoxicant several times and has received the penance after each consumption, on the third occasion he/she will be executed.

Article 180: if the condemned becomes insane or apostate, the penance will not be void. [I.e. it will not be executed]

Civil Unrest [warfare and corruption on earth (MOHAREBEH VA EFSADE FEL ARZ)]

Islamic legislator define warfare and corruption on earth in article 183″any person resorting to arms to cause terror, fear or to breach public security and freedom will be considered as a MOHAREB and be corrupt on earth.

Note 1: a person who draw arms on people but due to inability doesn’t cause fear isn’t a MOHAREB.

Note 2: if a person draws arms on one or several specific persons because of personal enmities, [he/she] will not be regarded as a MOHAREB.

Note 3: there is no difference between fire arms and cold weapons.”

Ways of prove

Article 189: propagation of MOHAREBEH and corruption on earth will be proven by one of following methods:

A) By confessing once provided the confessor is mature, sane and his confession is made intentionally and at free will.

B) Testimony of two just man.

Note 1: testimony of people who have been attacked by the MOHAREBSAND such testimonies which are in support of each other aren’t acceptable.

Note 2: if out of some people who have been attacked by the MOHAREBS, some testify that no harm was done to them, their testimonies will be accepted [as opposed to testimonies] of other.

Penance for MOHAREBEH and corruption on earth

Penance for MOHAREBEH state in article 190, this article state: “penance for MOHAREBEH and corruption on earth is one of the following four things:

1) execution

2) he/she shouldn’t remain crucified for more than three days, but if he/she dies within three days, he/she can be taken down [from the cross]

3) if he/she remains alive after three days [he/she] should not be killed

4) banishment”

Under Islamic law judge has the discretion of choosing one of the above four penance whether that has killed or injured someone or has taken someone’s property or has committed none of these.

Article 195: crucifixion of a MOHAREB will be executed as follows: [I.e. if crucifixion is the sentence, executing it will be as follows].

A) method of tying doesn’t kill him/her

B) He/she should not remain crucified for more than three days, but if he/she dies within three days, he/she can be taken down [from the cross].

C) If he/she remains alive after three days shouldn’t be killed.

D) Amputation of right hand and left leg will be by the same method as it is for “penance of theft”.

Theft (SERGHAT E HADDI)

Theft and conditions for come off it and ways of prove state with legislator in seven articles.

Define of theft state in article 197:”theft is stealing someone else’s property secretly. “

Condition of theft state in article 198: 1) the owner has placed the property in enclosure [secure place]; I must say owner himself/herself not his/her proxy, 2) the theft either individually or in association with some-one else has broken the enclosure [secure place]; this bond means if (a) broken the enclosure and (b) steal property this isn’t theft with hard punishment(SERGHAT’E'HADDI) but it can be another type of theft (SERGHAT’E'TA’EZIRI); [there are two type of theft under Islamic criminal law theft, has these conditions called (SERGHAT 'E' HADDI) and other type is theft that hasn't these conditions called (SERGHAT 'E' TA'ZIRI).

Enclosure is a place where the property in placed in order to be secure from theft.

3) The theft is not the father of the owner. This bond issue from story of Islamic messenger (MOHAMMAD) and he said "you and your property belong to your father." According this story if father or parentally grandfather steals their children property they don't condemn to punishment of "SERGHAT 'E' HADDI".

Ways of prove

The theft which will result in penance will be proven by one of the following ways:

A) Testimony of two just men

B) Two confession pf thefts to the judge provided the confessor is mature, sane, free and purposeful.

C) Knowledge of judge.

Note: if the confession to the judge is made once by the thief, the thief should return the property to its owner but he will not be penance.

The punishment for theft is as follows: [under article 201]

A) On the first occasion amputation of the full length of four fingers of the right hand of the thief in such a manner that the thumb and palm of the hand remain.

B) On the second occasion amputation of the left foot in such a manner that half of the sole and part of the place of anointing [during ablution] remain.

C) On the third occasion [the punishment] is life imprisonment.

D) On the fourth occasion [the punishment] is execution even though [the fourth] theft was committed in prison.

Note 1: prior to the execution of the punishment, multiple thefts will be considered as one theft [I.e. if the previous thefts have not been punished they will be disregarded and only the current theft will be punished.

Article 202) if the fingers of the theft's hand are amputated and after the execution of the punishment, it is proven that he had previously committed a theft, his/her left foot will be amputated.

This sentence issue from KORAN, jurisconsults says because most of thefts occur with hand and the best way for prevent theft if amputate hand and because most of people do most their works with right hand so Islam said amputate it.

GHESAS [Retaliated Punishments]

Article 204: homicide [or murder] is divided into three categories: premeditated, unpremeditated, accidental.

In premeditated, murderer has intention to makes an action which is inherently lethal and intention to kill. But in Islamic criminal code where the murderer intends to kill a specific person or a non-specific person from a group whether his action is inherently lethal or not but the action result in murder, or where the murderer doesn’t intend to kill and his/her action isn’t inherently lethal to the person [who is murdered] because of [the murdered person's] condition such as illness, disability, old age, childhood and the like, and murderer aware of these conditions.

In unpremeditated murderer has murderer has intention to makes an action which is inherently lethal but doesn’t have intention to kill.

In accidental murderer doesn’t have intention to makes an action which is inherently lethal and intention to kill.

According to article 205 premeditated murders will result in retaliation (GHESAS) but for retaliation need some condition 1) murderer and slain must be Muslim because Muslim doesn’t retaliation for non-Muslim 2) if a Muslim man premeditatedly murders a Muslim woman, he will be sentenced to retaliation, but prior to retaliation the heir of the slain woman should pay half the mulct (blood money) of the man to him; because under article 300 “the mulct for a murdered Muslim woman is half of the mulct for a Muslim man no matter if the murder is premeditated or unpremeditated.” Reason for this article and difference inconspicuous but jurisconsults say because men supply expenditure family so his blood money must twice of woman blood money; but I have objection to their logic, A) their reasoning is authentic when women don’t work out of home, now in Iran we see so much women that they superintend their family B) if we accept this reasoning we must suffice to unpremeditated as this logic is against principle; altogether I think this article is against human rights and justice because KORAN said “there is life in retaliation” and this condition cause most of murderer don’t retaliation as most of Iranian family can’ pay half of men blood money and prefer to take her blood money.

3) If murder is slain father he doesn’t sentenced to retaliation article 220″a father or paternal grandfather who kills his child will not be retaliated and will be sentenced to mulct of murder which should be paid to the inheritors of the murdered” reason of this sentence that I said about theft “story of Islam messenger (MOHAMMAD) he said you and your property belong to your father”; this isn’t reasonable cause for legislation and conflict with Islamic doctrine, Islamic doctrine say children are present of GOD and don’t belong to parents, also in KORAN we don’t see any order about this; if we accept this order we must say children belong to their mothers not fathers so this order must state for mothers.

Altogether order like this cause some father kill their children especially girls, [we see instance of this in KHOZESTAN (a state located south of Iran)].

Under article 222 if a sane person murders an insane person he/she will not be retaliated; this article says another condition: wisdom.

If several Muslim men kill a Muslim man the heir of the slain must pay their blood money to retaliation all of them or only retaliation one of them.

I must say under article 211 “reluctance to commit murder or committing murder on the order of another person isn’t a license to commit murder; and murderer condemn to retaliation; and who has ordered the murder or who has forced the murder to be committed will be sentences to life imprisonment.”

Ways to Prove Murder in Court

Article 231 say “methods of proving murder in the court are:

A) confession

B) testimony

C) compurgation

D) judge’s own knowledge

Article 232 states: by confessing to premeditated murder, the premeditated murder is proven; even the confession is made once.

Article 237 state: (1) First degree murder shall be proven by testimony of two just men; (2) Evidence for second-degree murder or manslaughter shall consist in the testimony of two just men, or that of one just man and two just women, or the testimony of one just man and the sworn testimony of the accuser.

Article 239 state: if due to some indications or by another means such as testimony of one witness, presence of a person with traces of offence at the scene of crime, presence of murdered at the residence or place of frequent of person, testimony of trustworthy discerning child, or the like, the judge suspect that the accuses has committed the crime, this [suspicion] will be of the cases of doubt.

In case of doubt, first-degree murder may be proved by the sworn testimony of 50 men who must be sanguineous relatives of the claimant. If the number of the sworn testimonies does not reach 50, any of the male testifiers may repeat his oath as many lashes as it is necessary to constitute 50 testimonies. If the claimant cannot present any of his sanguineous male relatives to provide sworn testimony in support of his or her claim, the claimant may repeat the sworn testimony 50 lashes, even if she is a woman. The claimant [in the case of murder] may be either a man or a woman but in either case he or she must be one of the victim’s inheritors.

Under Islamic criminal law if prior to dying, the murdered person remits the murderer from retaliation, retaliation will be null and the heirs of the murdered person can’t ask for retaliation; but Islamic law doesn’t determine are they can ask blood money or not? I think because this is premeditated and under article 205 its punishment is retaliation; then murdered remits murderer his/her heirs can ask blood money.

Retaliation of limb

Premeditated mayhem or injury of limb will result in retaliation, and unpremeditated and accidental mayhem will punished by blood money.

In retaliation for limb other than the condition aforesaid of life: A) limbs are equally healthy (unless eyes: the healthy eye will be retaliated for unhealthy one) B) limbs are equally genuine [not artificial] C) equality in location of injured or cut of limb (unless hand) D) retaliation doesn’t result in death or detect of another limb E) retaliation doesn’t exceed the crime.

I must say according to article 273: in retaliation for limb, men and women are equal and a male offender will be sentenced to retaliation for the same limb as he has defected from a woman unless the mulct for the defected limb is one third or more than one third of full mulct (means men mulct not women) in which case in order to retaliation, the woman should pay the mulct of the limb to the man.

This article is Incomprehensible; perhaps women pain for injury is half of men.

Altogether Iranian Islamic rules about retaliation need to change and adjustment with humanity.

Mulct (DIYAH)

Article 294 defines mulct it says: mulct is property which should be paid to a victim of murder or his/her heirs and a victim of injury.

Responsibility of paying the mulct

In premeditated an unpremeditated murders, the murderer is responsible for paying the mulct and in accidental murders, if the murder was proven either by evidence, compurgation [oath taking] or knowledge of the judge, the paternal relative (A’GHELEH) with the exception of women [of the murderer] is responsible for paying the mulct, but if the murder is proven by the confession of the murderer doesn’t compurgation or doesn’t take oath [he/she] is responsible to pay the mulct.

A’GHELEH this term has no English equivalent but refers to the person who is responsible for payment of mulct, other than the criminal. It has been defined as “paternal relative with the exception of woman” throughout this translation] is defined as paternal relatives with the exception of woman who are regarded as inheritors of a person. These people are equally responsible for the payment of mulct.

Under article 315: if two people are accusing of having committed a crime Ana each one accuses the other one of having committed the crime, and it can be proven which one was the murderer, one of them should pay the mulct by drawing lots.

Perhaps you think this isn’t square order, but I evidence this is a square order, according to supposition state in this article we sure one of these two people is murderer, perhaps you think its better we divided mulct into both of them; but I say when we take mulct than both of them certainly we punished innocent person but when we drawing lots we punished one of them and its probable he/she is guilty or innocent; so this way is next to be justice.

Cause of responsibility

A) Conduction means: committing a crime directly by the criminal.

B) Cause means: when a medical doctor, even if it is a skilled one, treats [a patient] directly or orders the treatment to be made, even if the treatment is done with the permission of the patient or [his/her] guardian and the treatment result in loss of life or causes a defect, that medical doctor is responsible and hence should pay for the damage.

Important note is: any crimes causing complete or partial loss of mind don’t result in retaliation and always punished by mulct.

The amount of mulct for loss sense is determine by legislator but the amount of mulct for loss of sense of taste is decided by judge, that called “A’RSH”.

If some one shoots bullet or things similar it to men he/she must pay 2600 us dollar as mulct (2007/3/25) but if he/she shoots to woman his/her punishment determine with judge (A’RSH); really this one hasn’t any reason and certainly against humanity.

Mulct for abortion

When embryo hasn’t soul apply equally to male and female embryo in amount of mulct but when the embryo has soul and the embryo is a boy, full mulct applies; if the embryo has a soul and the embryo is a girl, half mulct applies and if the sex of the soiled embryo isn’t clear, three quarters of mulct applies.

TA’ZIRAT

TA’ZIR is a punishment that its degree and type is not been specified in the SHARI’A and it is up to the decision of the judge. TA’ZIR can be in the form of imprisonment, fines, or flogging (it should be less than HADD).

Articles 498 up to 729 are about TA’ZIR; it does contain 29 chapters:

1: Crimes against National Security. 2: Insulting the Religious Sanctities or State Officials. 3: Insulting or Attempting at Foreign State Officials. 4: Producing False Money. 5: Forgery and Fraud. 6: Breaking Official Stamps. 7: Escaping from Prison. 8: Usurpation. 9: Damaging Historical Properties. 10: Wrongdoing of State Officials. 11: Usury and Bribery. 12: refuse to do legal duty. 13: Disobedience of State Officials. 14: Attacks on State Officials. 15: Personal Insults. 16: Compliance in a Crime. 17: Offenses against people and children. 18: Offenses against Public Moral. 19: Offenses against Family Duties. 20: Lying under oath. 21: Theft. 22: Threatening.

23: Bankruptcy. 24: Violation of Consignment. 25: Incineration and Damaging Properties or Animal. 26: Violating real estates and other properties. 27: Libels and Revilements .28: Intoxication, Gambling, and Vandalism. 29: Violating Traffic Rules

Deterrent punishment

Deterrent punishment is a punishment that is imposed by the government in order to maintain the public order. It can be in the form of imprisonment, fines, or flogging (it should be less than HADD). This means reign orders that issue from government and most of them don’t have SHARI’A roots.

At the end I must say I try to explain the most important articles that correlate to humanity; and state reason of them, I hope my article helps you to have good view about Islam and its legal system.