“From Pakistan to Malaysia and Morocco: Comparative Case Studies on Reforming Capital Punishment under Islamic Jurisprudence”

Abstract

This study were compare case studies from Pakistan, Malaysia, and Morocco in order to examine the developing debates around the death penalty in Islamic jurisprudence. Despite having a similar basis in Islamic legal customs, these nations have taken distinct stances on abolishing the death penalty in reaction to contemporary social, political, and global forces. The interpretation of Hudood laws, which define punishments based on divine commands, and Qisas laws, which emphasize retaliation for murder, is one area where Pakistan still struggles to strike a balance between Sharia principles and international human rights commitments. In order to strike a balance between Islamic teachings, constitutional principles, and international human rights expectations, Malaysia recently enacted significant legislative changes, including provisions that enforce the mandatory death penalty. Using a qualitative comparative case study methodology, this research draws from secondary sources like academic literature, human rights reports, and international legal analyses in addition to primary legal texts, state legislation, judicial interpretations, and policy documents. The study examines how each nation balances Islamic jurisprudence with international human rights frameworks by combining comparative methods with doctrinal legal analysis. Although the legal framework still permits executions, Morocco offers a clear example of an attempt to bring Islamic jurisprudence into line with modern constitutional monarchy and international human rights standards by gradually reducing the use of the death penalty and moving toward a de facto moratorium, or temporary halt to executions. By examining these instances, the study shows how different interpretations of Islamic law affect the possibility of legal reform while also posing difficulties for governments attempting to balance civil liberties, justice, and human rights. It becomes clearer how abolitionist norms arise, spread, and partially internalize throughout Pakistan, Malaysia, and Morocco when the comparison is framed using constructivism and transnational advocacy networks (TAN).