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" Finding inspiration in Islamic law for expanding the role for families of murder victims in the United States capital sentencing proceedings "
Najla Jeaash
Phillips, Jean K.
Document Type
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Latin Dissertation
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Language of Document
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English
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Record Number
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804341
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Doc. No
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TL49169
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Call number
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1859893988; 10194686
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Main Entry
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Georganta, Evgenia
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Title & Author
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Finding inspiration in Islamic law for expanding the role for families of murder victims in the United States capital sentencing proceedings\ Najla JeaashPhillips, Jean K.
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College
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University of Kansas
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Date
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2016
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Degree
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S.J.D.
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field of study
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Law
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student score
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2016
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Page No
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189
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Note
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Committee members: Benza, Michael; Cateforis, Elizabeth; Craig, Alice A.
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Note
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Place of publication: United States, Ann Arbor; ISBN=978-1-369-40650-4
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Abstract
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Where the death penalty is still applied for murder, a victim’s family participates in the decision-making processes to varying extents depending on the legal system. Under Islamic law, the victim’s relatives play a central role in the sentencing of the offender. They are the ones who decide whether or not death penalty will be imposed. They may choose to have the offender executed. They may also choose to pardon the offender, either for free or in exchange for monetary payment. Yet, forgiveness is preferable and more rewarding according to the Qur’an, the Holy Book of Islam (5:45). The family also may waive the death penalty, but the state maintains an interest in punishing the offender with a discretionary penalty less than death.
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Subject
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American studies; Law
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Descriptor
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Social sciences;Capital;Islam;Mercy;Murder;Opinion;Sentencing
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Added Entry
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Phillips, Jean K.
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Added Entry
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LawUniversity of Kansas
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