Comparison of Islamic,Australian,Aboriginal justice systems

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Researching the criminal justice systems of Australia shows historically that it has been a slow but ever changing system. Beneficial only to the satisfaction of society at large. Originating from Roman times our justice system has been developed to keep the status qou within the community and the "powers that be" (government) satisfied with proper punishment/sentencing. Australian justice system has grown out of capitol punishment the last being ( name and date) and various forms of capitol punishment (types of punishment) were abandoned many years ago. However today exile/imprisonment is the mainstream form of punishment in Australia. To commit a crime and to be sentenced to imprisonment requires one to go through a justice system. A person is innocent until found guilty, he has the right to a lawyer to defend him, he is tried be a panel of 1 of his piers (jury) in front of a judge, the prosecution must prove it was beyond a reasonable doubt that the crime was committed. When sentenced to a term in jail, solitude/exile is not going to rehabilitate all prisoners eg; the murderer can often become institutionalised (where he finds he has a life there) due to the freedom available in out correctional centre's. It is possible for the modern day criminal to do a degree, learn a trade, and work on the perfect body while serving his sentence. While they seem to be a form of rehabilitation for re-entering society, they can often just be a good source of time passers. The victims are rarely satisfied and retribution is basically non existent unless punitive damages (suing) are awarded. All imprisonment does is protect the public while the offender is sentenced. However all criminals are incarcerated together which leads one to think are they rehabilitated or learning the criminal trade. For example if you were jailed for a robbery you would be locked up with armed robbers, murderers, and rapists. Solitude is not always a deterrent to crime( birds of a feather flock together)

The criminal justice system for aboriginal people is historically irrelevant to even compare to Australian and western world systems. Aboriginal people were hunter gatherers and people of the land (nomadic ever-moving). Their laws were only relevant to the survival and continuity of their tribe. There was no written law "law" was in the form of stories and beliefs passed down through the tribal elders over many generations. There was no need for presumption of innocence, as tribal living would have mostly witnessed crimes such as inter moiety relations, neglect of spiritual values and beliefs. Aboriginal law was a law that was consistent and never changed, "once it was taught it was known" (ref). Retribution was their only form of punishment and was carried out by the tribal elders or the people directly affected by the crime. The retribution was not only payed to the offender, on many occasions all people involved would be punished. In modern day legal system ( since white settlement) the majority of aboriginals are the less educated Australian's however they are the highest imprisonment per populace. In high Aboriginal areas such as Northern Territory the legal system is trying to use traditional law to help assimilate the cultures, however it is difficult for both parties to interpret their law (need a word) as there law is not written, and many of the crimes today were not relevant per settlement days. For example crimes such as alcohol related crimes, theft, assault would never have in traditional law. In contrast the Aboriginal has very little understanding or our legal system and many are incarcerated never understanding what happened at their trials.

Islamic criminal justice system is based on religion. Their law comes from the Qur'an this book is a map of their entire existence on earth, and covers every single act of there living between birth and death. (how to eat, drink, sleep, pray, what you can and can't see and do and the solution for doing them) According to Allah "the law of religion revealed to mankind to be implemented be all communities for the rest of time. The regulations and laws will remain the same, while the basic principles constitute the framework which human life develops and progresses"(……)Islamic law? religion has no room for misinterpretation it is strict but very straight forward, Divine Law says "reject any part of the code is to reject it all and is to reject religion or faith altogether" Historically Islam has been regarded as a very cruel law. However it's method has near abolished many crimes where Islam is the practice of whole communities. Presumption is paramount in the law to the point that if you can't prove you accusations that "you" will be the one punished. Retribution is defined in many ways for instance if the crime is intentional injury the victims are offered (Qisas) being "an eye of an eye, a tooth for a tooth, and a life for a life" (Qur'an) However in modern life a monetary award is used. Theft is dealt with be the chopping off of ones hand! And this is a huge deterrent that not only teaches the offender a lesson, he also has to live with it for all time. Evidence show that Islamic communities using traditional law have very little crime, and whilst it may seem cruel it builds a very stringent lifestyle. Western countries call their ways barbaric but time will show that we have done much the same if not more over the centuries but have never been consistent, where as Islamic has remained for all time!!!

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