The Victim Compensation Scheme (‘Aqilah) under Islamic Criminal Law and its Compatibility with the Criminal Justice System in Bangladesh: A Critical Study

Abstract

Crime prevention, control and correction of the offender are the prime concern of each and every legal system. Islamic legal system is not exception to those common attributes. Islamic criminal justice contains exceptional punishment in which accused has given punishment and victim has given compensation according to the desire of the victim’s family member. Islamic legal system provides win win situation for both accused and victim. In comparison with common law system where a killer has been awarded death sentence if it is proven with reasonable doubt and victim’s family has gained nothing but mental satisfaction. In this regard, family losses an earning hand and they would have no means to lead their live in coming days. Islam, however, prescribes alternative where one can get compensation and lead a better life with their family. In this article the researcher examines the detail about ‘aqilah system of Islamic legal system and investigates the possibility to apply in our existing penal sanctions. The aim of this article is to explore the idea of victim compensation scheme clearly and address the law enforcement agencies to think about the scheme. It further aims to make understand a better crime control mechanism towards the learners of criminal justice arena. In this research, descriptive methodology is used to bring out the rational of the work. Further a literature review and analytical analysis of literature have been adopted for the completion of this report. Different books, articles, journals and websites have been consulted for the completion of this article.

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