Islam, Democracy and the Future of the Death Penalty

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Asshiddiqie, SH, JDate
2015Source Title
ALC Briefing Paper SeriesPublisher
Asian Law Centre, University of MelbourneUniversity of Melbourne Author/s
Taylor, KathrynAffiliation
Melbourne Law SchoolAsian Law Centre
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Asshiddiqie, SH, J. (2015). Islam, Democracy and the Future of the Death Penalty. Asian Law Centre, University of Melbourne.Access Status
Open AccessAbstract
This paper explores Islamic attitudes to the death penalty and argues that all contemporary cultures – whatever their origin and whatever their religious context – face challenges in reconciling the death penalty with the right to life. The experiences of the United States (the world’s largest Christian society), India (the largest Hindu society), and Indonesia (the largest Muslim society) suggest, however, that religion is not always an obstacle to democracy or human rights reform, even if all these countries still execute. The paper raises the questions of whether Islam requires the death penalty for certain crimes; whether executions are a breach of human rights; and whether religion is an obstacle to human rights reform. The paper concludes that increasing acceptance of democracy and international human rights norms as a global civilisational aspiration is forcing reconsideration of the death penalty in many societies - including in Muslim majority states like Indonesia.
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