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    Islam, Democracy and the Future of the Death Penalty

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    Author
    Asshiddiqie, SH, J
    Date
    2015
    Source Title
    ALC Briefing Paper Series
    Publisher
    Asian Law Centre, University of Melbourne
    University of Melbourne Author/s
    Taylor, Kathryn
    Affiliation
    Melbourne Law School
    Asian Law Centre
    Metadata
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    Document Type
    Report
    Citations
    Asshiddiqie, SH, J. (2015). Islam, Democracy and the Future of the Death Penalty. Asian Law Centre, University of Melbourne.
    Access Status
    Open Access
    URI
    http://hdl.handle.net/11343/258345
    Abstract
    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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