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idstato=15000410&idcontinente=23, last accessed Feb. 3, 2006 (reporting the judicial commutation, upon appeal, of a sentence of death by stoning for adultery). [4] This accounts for only two of the seven Emirates prior to 2010, and those two, only partially. According to the Maliki school of Sunni Islam, a person is “guilty of deliberate homicide if he causes the death of another by any intentional act or omission directed against a human being, which is either hostile or intrinsically likely to kill,” and is subject to death as qisas.

This statutory law governs punishment, except that it does not prejudice the right to blood money compensation under the Shari’a. Under Book 1, Article 1 of the Penal Code, retributive penalties can apply under Shari’a law.

[41] In this sense, the scope of that mandatory penalty could be very limited, but it is still considered a mandatory death penalty if judges do not as a matter of course consider the whole offense and offender in determining its appropriateness. Nagaty Sanad, The Theory of Crime and Criminal Responsibility in Islamic Law: Shari’a, p.

Offenses against the individual’s body (such as murder or harm), carry qisas (retributive) penalties that are described in the Quran and developed in the Sunna and schools of Islam. Cherif Bassiouni, ed., The Islamic Criminal Justice System, p. Note that some scholars differ, offering no legal explanation (unlike the previous source) and stating that the ability to discriminate between good and evil is the main requirement in determining liability for an intellectually disabled individual. This author takes some exception to the universality of the rule, but the “number” of jurists he refers to are in a small minority, and the school which he cites is nearly extinct and not one of the major Sunni schools. 91-92, Office of International Criminal Justice, University of Illinois at Chicago, 1991; Tahir Mahmood, et. Cherif Bassiouni, ed., The Islamic Criminal Justice System, p.

[6] Confirmed and unconfirmed death sentences seem to tally to 51 or more. [9] Successfully inciting the suicide of a person “afflicted with total lack of free will or reason” is punishable as premeditated murder, [10] which is death-eligible under some circumstances.

The number is likely higher—for instance, one report states that over the past 3 years, 22 Indian nationals have been sentenced to death. [11] Use of drugs or an existing drug-induced state to incite a person to commit an offense that results in death is punishable by death.

[43] However, the death penalty is still considered mandatory because an extrajudicial pardon is not a substitute for assuring that courts exercise discretion in all cases. Aggravated murder may carry a discretionary statutory death penalty when the provisions of Shari’a do not apply, [44] but for any murder where Shari’a law applies, [45] only the family of a victim, not a court, may allow a sentence lesser than death. 3 of 1987 (explaining that the penal code describes law only where there are no religiously stipulated or retributive penalties). 2, 2005; UAE Interact, UAE Ratifies Arab Charter on Human Rights, Jan. We loosely corroborated that UAE’s laws contain this typical exception by using Google Translate; we would appreciate help translating some Arabic-language laws. 186-187, Oceana Publications, Inc., 1982; Nagaty Sanad, The Theory of Crime and Criminal Responsibility in Islamic Law: Shari’a, p.

[46] While the government negotiates on behalf of the offender and the family often grants pardon, [47] this death penalty is considered arbitrary and mandatory because the court is not required or permitted to exercise discretion in all appropriate cases. In the UAE, at least one court has refused to reduce the death penalty for murder during robbery, despite a settlement with the victim’s family. While this is not necessarily applicable to or representative of the juvenile law, it may be the case that there is ambiguity as to the application of any legislative act when a penalty is religiously stipulated or retributive. See the website of the Gulf Corporation Council’s legal information apparatus at Portal Public/Home.aspx, last accessed Feb. Mervat Rishmawi, The Revised Arab Charter on Human Rights: A Step Forward? 90-91, Office of International Criminal Justice, University of Illinois at Chicago, 1991.

The last person to be executed was Alaa Al Hashemi, an Emirati woman who was convicted of murdering an American woman. idstato=15000410&idcontinente=23, last accessed Feb. Intentional murder is punishable by death in the case of “deliberate design or premeditated purpose, if it is accompanied by another crime..., if the victim is an descendant of the offender, a public officer or any person to whom a public service is assigned…, or…with the use of any poisonous substances or explosives.” Premeditation involves thorough planning, and deliberate design involves laying in wait.