VICTIM–PERPETRATOR RECONCILIATION AGREEMENTS : WHAT CAN MUSLIM-MAJORITY JURISDICTIONS AND THE PRC LEARN FROM EACH OTHER?

Research output: Journal Publications and Reviews (RGC: 21, 22, 62)21_Publication in refereed journalpeer-review

4 Scopus Citations
View graph of relations

Author(s)

Related Research Unit(s)

Detail(s)

Original languageEnglish
Pages (from-to)963-989
Journal / PublicationInternational and Comparative Law Quarterly
Volume66
Issue number4
Publication statusPublished - Oct 2017

Abstract

As States that use the death penalty liberally in a world that increasingly favours abolition, the Muslim-majority jurisdictions that are strict exponents of Islamic law and the People's Republic of China share a crucial commonality: Their frequent use of victim-perpetrator reconciliation agreements to remove convicted murderers from the threat of execution. In both cases, rather than a prisoner's last chance at escaping execution being recourse to executive clemency, victim-perpetrator reconciliation agreements fulfil largely the same purpose, together with providing means of compensating victims for economic loss, and enabling the State concerned to reduce execution numbers without formally limiting the death penalty's scope in law. Utilizing the functionalist approach of comparative law methodology, this article compares the 13 death penalty retentionist nations that have incorporated Islamic law principles into their positive criminal law with the People's Republic of China, as to the functions underpinning victim-perpetrator reconciliation agreements in death penalty cases.

Research Area(s)

  • capital punishment, China, clemency, comparative law, death penalty, Islamic law, pardon, PRC law, reconciliation agreements