Legal and Sharia Sources for Extradition Systems

Authors

  • Hassanein Ali Hassan Al-Mustafa International University / Faculty of Sciences and Knowledge, Department of Criminal Law and Criminology
  • Dr.Ali Sadeqi

DOI:

https://doi.org/10.32792/tqartj.v7i46.598

Keywords:

Extradition of criminals, legal sources, Sharia sources

Abstract

The sources of extradition, in general, are the reasons that establish this obligation, making it enforceable and effective through extradition. They are also the justifications that make a state demand the extradition of a person residing in the territory of another state according to these sources that bind the parties in extradition relations.

   The international and Sharia foundations and sources for the extradition of criminals represent a set of legal means characterized by mandatory nature, which the parties rely on when deciding on an extradition request. In addition, there are criminal legislations in the field of extradition that include substantive conditions and procedural rules for the system of delivery and extradition of criminals. The sources and foundations for the extradition of criminals, in general, refer to the reasons that establish this obligation, making it enforceable and effective through legislative provisions and treaties that meet the states’ needs for extradition. They are also the justifications that make a state request the extradition of a person residing in the territory of another state according to these sources that bind the parties in extradition relations.

One of the most notable aspects of the legal system for the extradition of criminals is its diversity and multiplicity on one hand, and the potential for conflict among these sources on the other. The diversity or multiplicity is derived from the existence of more than one source for conducting extradition, with varying legal ranks for these sources. Most jurisprudence divides them into two main categories: primary sources and supplementary sources. However, this division does not imply the legal value among all its priorities. These sources are not limited to international relations but are also influenced by the internal legal system of states, serving internal objectives in addition to their external efforts aimed at international cooperation to reduce crime. These sources are also relatively influenced by the political relations between states and the criminal environment within them, in addition to the development of international relations, leading to the adoption of the principle of reciprocity as a basis for extradition over other sources when serious political relations arise with the states they deal with.

Keywords: Extradition of criminals, legal sources, Sharia sources.

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References

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Published

2024-06-30

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Law Studies

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How to Cite

“Legal and Sharia Sources for Extradition Systems”. 2024. Thi Qar Arts Journal 7 (46): 222-65. https://doi.org/10.32792/tqartj.v7i46.598.

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