ruveyn wrote:
Under Halacha (Jewish Law) the death penalty is virtually impossible to impose. It requires two unimpeachable eye witnesses and it also requires that the wrongdoer be warned in advance that what he is about to do entails the death penalty. If forget which Rabbi said it, but he said that a court which imposes the death penalty one every seventy years is soaked in blood. There is a general reluctance (historically) for Rabbinic courts to impose either the death penalty or the application of forty blows from the rod of chastisement. Most of the penalty were monetary penalties.
ruveyn
Comparable restrictions apply in
Sharia. Stoning requires 4 male eyewitnesses or a confession.
Of course, as with all systems of law, the text is only valuable if it is given effect by courts. I am sure that the
Sanhedrin were just as liable to excess as
Sharia courts are today.
There are few jurisdictions in which
Sharia forms the basis of public law, and the largest muslim states (e.g. Indonesia, Bangladesh, Pakistan and Malaysia) have, by and large, secular public law.
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--James