Abstract:

Punishment has existed throughout history as a sanction imposed by the state on persons who commit crimes. Behaviors that disturb social order, undermine trust and stability, and cause injustice have always been punished, albeit their nature may vary depending on location and period. Giving the appropriate punishment for crimes is both a right and an obligation of the state. However, whether this power and authority is limited to the citizens of the state or whether it is applicable for citizens of other countries is debatable. For example, there are different views on whether state’s laws will be applicable in a legal event between inhabitants of the state and citizens of other countries, or between nationals of other countries in an Islamic country. This issue, known now as the conflict of laws, has been around for a long time. While some states base their decisions on the laws of the nation where the crime was committed, others base their decisions on the laws of the countries of the perpetrator and victim, who are both parties to the crime. The subject of conflict of laws as a branch of private law has been evaluated in this article in terms of Islamic criminal law regulations.

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