The death penalty in the new Omani Penal Code passed by Royal Decree 7/2018 from shariah perspective: An analytical study / Malak Sultan Mohamed Alhabsi

Malak Sultan , Mohamed Alhabsi (2023) The death penalty in the new Omani Penal Code passed by Royal Decree 7/2018 from shariah perspective: An analytical study / Malak Sultan Mohamed Alhabsi. Masters thesis, Universiti Malaya.

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Abstract

The problem of the study is summed up in the legislation of the capital punishment in the new Omani Penal Code enacted by the Royal Decree (7/2018), despite the wide intellectual controversy stirred by the capital punishment (death penalty) because of the call of human rights organizations and many jurisprudents and jurists for the need to prevent the capital punishment. The study adopted the inductive methodology, and the analytical methodology. The study aimed to know what the capital punishment is, its legitimacy and the wisdom behind it in Islam, clarify the amendments to the new Omani Penal Code, identify its general features with regard to the capital punishment, analyze the opinions of thinkers about the capital punishment and its compatibility with the Islamic law, and find out the extent to which the capital punishment in ta’zeer is compatible with the Islamic Sharia. The study found a number of results, the most important of which are what follows. In the new Omani Penal Code issued by the Decree (7/2018), the Omani legislator considered the practical necessities that impose the retention of the capital punishment to counter the criminal cases intractable to any punitive procedure for the sake of protecting society. In addition, the mechanism with which the execution is carried out and the legal materials and penal procedures surrounding it confirm the Sultanate of Oman’s concern to implement the process Execution in full observance of the humanitarian aspects and the warranties of international law and human rights. The researcher recommends the need to activate the decisions prohibiting the implementation of the death penalty except by a final ruling issued by a competent court after legal procedures that provide all possible warranties to insure a fair trial.

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