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Islam holds the balance of justice in the right manner and insists on examining all the conditions and circumstances associated with the offence because Islam is the most natural way of life on account of its suitability, sustainability and flexibility towards human nature. No other legal system in the world has been created for the public interest, the way the Islamic law has been created. This paper focuses upon the flexibility in the implementation of Islamic criminal law (Hudood) in modern society. Islam has made laws that aim to eliminate the causes of crime and not to antagonize the criminal. Sharia imposes preventive punishments which may appear cruel or rough if gazed at without proper consideration. But if contemplated closely, Islam does not execute such punishments unless it discovers that the crime was not justifiable or that the criminal was not acting under any obligation or certain circumstances. The Holy Prophet (SAW) was very careful in the establishment of Hudood because not all crimes were of the same nature and therefore, the same punishments could not be enforced for them. Hence, while applying punishments to crimes; the Holy Prophet (SAW) took into consideration the nationality, personal situations, financial stature and status of the criminal. Thus the Hudood of Allah would be established and the criminal would still have a path to correct him/her and seek forgiveness.

Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- Acknowledgements -- Series Preface -- Introduction -- Part I The Role of Legal Theory in the Legal Curriculum -- 1 Hilaire Barnett (1995), 'The Province of Jurisprudence Determined-Again!', Legal Studies, 15, pp. 88-127. -- 2 Neil MacCormick (1985), 'The Democratic Intellect and the Law', Legal Studies, 5, pp. 172-83. -- 3 Alan Hunt (1989), 'The Role and Place of Theory in Legal Education: Reflections on Foundationalism', Legal Studies, 9, pp. 146-64. -- 4 Roger Cotterrell (2000), 'Pandora's Box: Jurisprudence in Legal Education', International Journal of the Legal Profession, 7, pp. 179-87. -- Part II The Teaching of Legal Theory -- 5 Patricia A. Cain (1988), 'Teaching Feminist Legal Theory at Texas: Listening to Difference and Exploring Connections', Journal of Legal Education, 38, pp. 165-81. -- 6 Philip C. Kissam (1998), 'Disturbing Images: Literature in a Jurisprudence Course', Legal Studies Forum, 22, pp. 329-51. -- 7 William Twining (2009), 'Implications of "Globalisation" for Law as a Discipline', in A. Halpin and V. Roeben (eds), Theorising the Global Legal Order, Oxford: Hart, pp. 39-60. -- 8 Seow Hon Tan (2009), 'Teaching Legal Ideals through Jurisprudence', Law Teacher, 43, pp. 14-36. -- Part III Legal Theory and Legal Scholarship -- 9 Neil MacCormick (1989), 'The Ethics of Legalism', Ratio Juris, 2, pp. 184-93. -- 10 Mark Van Hoecke and François Ost ( 1993), 'Epistemological Perspectives in Legal Theory', Ratio Juris, 6, pp. 30-47. -- 11 Andrew Halpin (2000), 'Law, Theory and Practice: Conflicting Perspectives?', International Journal of the Legal Profession, 7, pp. 205-23. -- 12 Mathias M. Siems (2008), 'Legal Originality', Oxford Journal of Legal Studies, 28, pp. 147-64. -- Part IV Legal Theory and Comparative Law

The King's Felons examines the subtle but intentional development of criminal confinement as an alternative to capital punishment in early Tudor England. As the judicial establishment looked for ways to enhance law and order without provoking political opposition, they increasingly turned to two traditional mitigations of criminal punishment: benefit of clergy and sanctuary. Often reviled as corrupt clerical rights which served to undermine secular authority and the rule of law, benefit of clergy and sanctuary in fact provided the justices with room to manoeuvre, allowing them to punish a larger number of felons less harshly while avoiding political scrutiny. The King's Felons explores the evolution of this approach over a period of sixty years, allowing us to see not only the internal development of both law and process, but the ways in which the judicialsystem responded to external pressures.The dissolution of the monasteries between 1536 and 1540, together with the steady erosion of the wealth and power of the bishops, meant that the institutional and financial foundations on which the justices built this system began to crumble as it was reaching fruition. Over the next two decades they scrambled, with limited success, to secure some small vestiges of the system they had built. The epilogue connects the state of the system in the aftermath of this collapse to our existingunderstanding of the system in the later part of the century.Providing the first detailed study of criminal justice in the early Tudor period, The King's Felons highlights the role of the Church in the administration of criminal justice and reframes our understanding of many significant acts of the Reformation parliament. This book is a must-read for students and scholars of Tudor history, legal historians and those interested in the role of the church with regard to politics, law, and crime