A detailed discussion about the regulations Islam has set in regards to dealing with crime in society. Prescribed Punishments Crimes that fall under this category can be defined as legally prohibited acts that God forcibly prevents by way of fixed, predetermined punishments, the execution of which is considered the right of God. These punishments have certain peculiarities that set them apart from others. Among these are the following:
How are Islamic punishments and penal laws compatible with clemency and benevolence? Is it not considered violence to give one hundred lashes to one who has committed a sin? Is cutting the hands and feet of thieves in accordance with religious clemency?
Are severe and harsh punishments not considered to be a sort of violence? Studying these points, it is clear that penal laws and punishments too are another branch of Islamic clemency and benevolence, although they may at first seem violent to some.
Philosophy of Punishments There are narrations about the philosophy of the execution of penal laws and punishments, clarifying our insight into these Islamic rulings.
Consider the following two samples: The narration implies that just as rain is a mercy of God, and He sends it down for the people of earth, divine penal laws too are a Crime and punishment in islam of divine blessing. In fact, execution of Islamic punishments washes away the society like rain, and purifies it from pollution.
It washes away terror, fear and insecurity from the society like rain. Those who produce and distribute narcotics in an Islamic society — thus destroying the youth through this great crime and corrupting the country for achieving their own personal interests and profits — shall be punished for corruption on the earth.
We believe that such individuals and groups are liable to Islamic punishments. If they are not punished, God will not leave them and they will be involved in the consequences and adversities caused by their corrupt activities. Rather, it implies that He appoints great, sincere and ambitious men for reviving justice in the world, and revives land as a result of revival of justice.
Undoubtedly, execution of penal laws and punishments on the earth is more beneficial than forty days of rainfall. As you can see, there is no trace of revenge, violence and any type of negativity in the traditions explaining the philosophy of penal laws. Rather, they are concerned with affection, clemency and the spread of justice in society.
Proving the Applicability of Punishments Studying the ways of proving the applicability of penal laws displays other examples of Islamic clemency and benevolence.
The applicability of many penal laws is strengthened with four witnesses or four times of confession. That is to say, for application of penal law for adultery, four just men shall testify that they have seen a man or woman while committing adultery.
Is that even possible? We have not found even one case in the narrations and historical books where adultery is proved with the testimony of witnesses for the applicability of penal law.
This way is practically impossible, and therefore this is a sort of Islamic clemency for such sinners. There are numerous conditions in the case of the other way when the sinner confesses.
Moreover, if the sinner repents with the Islamic judge before the conviction, it is difficult to execute penal law for him or her. These points are mentioned in numerous narrations, one of which is referred to hereunder to see the Islamic benevolence and clemency of the real successor of Prophet s.
An adulteress came to Imam Ali peace be upon him and asked him to purify her with execution of penal law for adultery, because the worldly chastisement is easier than the permanent and continuous punishment in the other world!
The Imam told her to leave and to return after delivery has purified her. The lady went and later came back after childbirth, repeating her request.Islamic criminal law Islam Institute, Germany; Islamic Criminal Law and Procedure Matthew Lipman, Boston College International and Comparative Law Review, Volume XII, Crime and Punishment in Islamic Law: Theory and Practice from the Sixteenth to the .
A more detailed explanation of the forms of punishment and an explanation on the objectives of the Islamic penal system. A website for new Muslim converts who would like to learn their new religion in an easy and systematic way.
Crime & Punishment in Islamic Law. One way to better understand Muslim Shari’ah law, is by taking a particular sub-category, such as crime and punishment, to see how Islam treats these topics.
Crime and Punishment in Islam (part 5 of 5): The Objectives of the Islamic Penal System Description: A detailed discussion about the regulations Islam has set in regards to dealing with crime in society.
Crime and Punishment in Islam (part 1 of 2) To explain it further, the Islamic law of retribution aims to preserve life, the punishment of apostasy is meant to preserve religion, the punishment of consuming alcohol is to preserve the mind, the laws against fornication are to preserve lineage, and the punishment for theft is to preserve.
Islamic criminal law Islam Institute, Germany; Islamic Criminal Law and Procedure Matthew Lipman, Boston College International and Comparative Law Review, Volume XII, Crime and Punishment in Islamic Law: Theory and Practice from the Sixteenth to the Twenty-First Century.
Cambridge University Press.