Forensic Psychiatry in Islamic Jurisprudence

Forensic psychiatry deals with mental illness from a legal perspective. The term forensic is derived from the Roman word forum, a meeting place where legal judgments were made on cases of a legal nature. In a sense, that ancient forum has become the modern legislature and courtroom. The forensic ps...

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Autor principal: Amber Haque
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Publicado: International Institute of Islamic Thought 2002
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spelling oai:doaj.org-article:12d4ad302ecf43d78194268155de2fe82021-12-02T19:41:35ZForensic Psychiatry in Islamic Jurisprudence 10.35632/ajis.v19i3.19252690-37332690-3741https://doaj.org/article/12d4ad302ecf43d78194268155de2fe82002-07-01T00:00:00Zhttps://www.ajis.org/index.php/ajiss/article/view/1925https://doaj.org/toc/2690-3733https://doaj.org/toc/2690-3741 Forensic psychiatry deals with mental illness from a legal perspective. The term forensic is derived from the Roman word forum, a meeting place where legal judgments were made on cases of a legal nature. In a sense, that ancient forum has become the modern legislature and courtroom. The forensic psychiatrist is not only a physician, but one who enters the house of law trying to protect the interest of society as a whole. There are many books on this subject, but the one under review claims to be the first to deal with forensic psychiatry from an Islamic perspective. The author, Kutaiba Chaleby, is a Distinguished Fellow of the American Psychiatric Association (APA) and has worked in the clinical, academic, and administrative settings for many years in both Muslim and non-Muslim countries. In the introduction, Chaleby points out that the legal system in most Islamic countries is derived from British or other European legal traditions as a result of colonialism, except in matters of personal status, family rela­tionship, and inheritance laws. However, he contends that this scenario is changing, as many Islamic countries are now trying to use Islamic law in their courts. Saudi Arabia is an exception, since it was never influenced by any type of western legal system and uses the Shari'ah in all legal matters, including forensic cases. While forensic psychiatry, as such, does not exist in Islamic literature, its major issues of concern have been addressed by Muslim scholars over the years. The present work is intended as a basic guide for psychiatrists to make decisions on forensic cases from an Islamic perspective. The author also hopes to "illuminate" the thinking and practice of modern secular forensic psychiatrists. A short account of Islamic law covering the ... Amber Haque International Institute of Islamic ThoughtarticleIslamBP1-253ENAmerican Journal of Islam and Society, Vol 19, Iss 3 (2002)
institution DOAJ
collection DOAJ
language EN
topic Islam
BP1-253
spellingShingle Islam
BP1-253
Amber Haque
Forensic Psychiatry in Islamic Jurisprudence
description Forensic psychiatry deals with mental illness from a legal perspective. The term forensic is derived from the Roman word forum, a meeting place where legal judgments were made on cases of a legal nature. In a sense, that ancient forum has become the modern legislature and courtroom. The forensic psychiatrist is not only a physician, but one who enters the house of law trying to protect the interest of society as a whole. There are many books on this subject, but the one under review claims to be the first to deal with forensic psychiatry from an Islamic perspective. The author, Kutaiba Chaleby, is a Distinguished Fellow of the American Psychiatric Association (APA) and has worked in the clinical, academic, and administrative settings for many years in both Muslim and non-Muslim countries. In the introduction, Chaleby points out that the legal system in most Islamic countries is derived from British or other European legal traditions as a result of colonialism, except in matters of personal status, family rela­tionship, and inheritance laws. However, he contends that this scenario is changing, as many Islamic countries are now trying to use Islamic law in their courts. Saudi Arabia is an exception, since it was never influenced by any type of western legal system and uses the Shari'ah in all legal matters, including forensic cases. While forensic psychiatry, as such, does not exist in Islamic literature, its major issues of concern have been addressed by Muslim scholars over the years. The present work is intended as a basic guide for psychiatrists to make decisions on forensic cases from an Islamic perspective. The author also hopes to "illuminate" the thinking and practice of modern secular forensic psychiatrists. A short account of Islamic law covering the ...
format article
author Amber Haque
author_facet Amber Haque
author_sort Amber Haque
title Forensic Psychiatry in Islamic Jurisprudence
title_short Forensic Psychiatry in Islamic Jurisprudence
title_full Forensic Psychiatry in Islamic Jurisprudence
title_fullStr Forensic Psychiatry in Islamic Jurisprudence
title_full_unstemmed Forensic Psychiatry in Islamic Jurisprudence
title_sort forensic psychiatry in islamic jurisprudence
publisher International Institute of Islamic Thought
publishDate 2002
url https://doaj.org/article/12d4ad302ecf43d78194268155de2fe8
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