Hudud = Selective prosecution?

Posted by EngineeringProfit > 2 months ago | Report Abuse

Selective prosecution and punishment under hudud law is a significant concern in the broader context of justice and fairness. Hudud, derived from Islamic jurisprudence, refers to specific punishments for crimes such as theft, adultery, false accusation, and apostasy. The strict and fixed nature of hudud punishments makes selective enforcement especially problematic, as the law is meant to apply equally to all.

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3 comment(s). Last comment by EngineeringProfit 2 months ago

EngineeringProfit

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Posted by EngineeringProfit > 2 months ago | Report Abuse

In practice, women may face harsher penalties or are more likely to be prosecuted under hudud laws, particularly for crimes such as adultery. For example, cases of adultery or sexual misconduct can lead to the prosecution of women based on pregnancy, while men might avoid punishment due to a lack of direct evidence. This uneven application results in an imbalanced legal system, which further victimizes women.

EngineeringProfit

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Posted by EngineeringProfit > 2 months ago | Report Abuse

Hudud laws can be selectively applied for political purposes, where certain individuals or groups are prosecuted to maintain power, suppress opposition, or appease conservative factions. This undermines the integrity of the legal system and creates a perception that religion is being used as a tool for political gain, rather than for justice.

EngineeringProfit

20,661 posts

Posted by EngineeringProfit > 2 months ago | Report Abuse

The high evidentiary requirements for hudud punishments (e.g., four male witnesses for adultery) can lead to selective application when it is difficult to meet these standards. As a result, prosecutions may only occur when convenient or when selective witnesses are willing to come forward, leading to concerns about the manipulation of legal proceedings.

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