Comparative analysis of criminal law and hudood law in the context of pakistan laws
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Date
2024
Journal Title
Journal ISSN
Volume Title
Publisher
UMT.Lahore
Abstract
This study conducts a comparative analysis between Hudood law and criminal law in Pakistan, examining their origins, purposes, applications, results, and societal impacts. Hudood laws are divine mandates in Islamic ideology, believed to be perfect and unchangeable, while criminal laws are state-legislated and adaptable, often altered to suit political needs. Hudood law, with its severe and rigid punishments, aims to serve justice and deter crime through fear, adhering to the principle of "an eye for an eye." In contrast, criminal law focuses on rehabilitating offenders, giving them multiple chances to reform, which can lead to recidivism and higher crime rates. The effectiveness of these laws is compared using case studies of secular states like the United States, which follows criminal law, and Islamic states like Saudi Arabia, which implements Hudood law. Findings show that while the U.S. struggles to control crime rates despite being a superpower, Saudi Arabia has negligible crime due to the strict enforcement of Hudood laws. The study argues that Hudood laws, though criticized for being harsh, are effective in maintaining social order and justice. It concludes that for a peaceful society, Hudood laws, based on strong logic and consistent effectiveness, should be preferred over criminal laws.
Keywords: Comparative Law, Criminal Law in Pakistan, Hudood Ordinances, Islamic Law, Shariah Law, Hudood Law in Pakistan, Penal Code of Pakistan, Legal Framework of Pakistan,