sharia punishments
Monday, September 19th, 2005By Khurram Murad
August 9, 2005
Punishments have always been considered an integral part of the concept of justice. Indeed, a common man would find it hard to think of justice as something very different or separate from rewarding or punishing people according to how well or badly they observe the body of the mutual rights and obligations in their society. But if the concept of punishment is universal, the controversies surrounding it are nonetheless intense. We shall now look at some basic Islamic principles concerning punishments.
Basic Principles
Each human being is responsible for his or her actions. This simple truth provides the whole basis for the justification of punishment; for to fulfill the purpose of this creation, mankind has been granted the freedom to choose and act and the moral sense to distinguish between right and wrong. Responsibility goes with knowledge and freedom. Punishment cannot, therefore, be meted out to one person for another person’s actions, for acts intended but not performed, or for acts done under duress or while not of sound mind. Everyone must be equal before the law and their guilt must be established by the due process of justice.
Proportional Justice
It is important to note that there is no concept in Islam of the punishment being exactly and justly proportional to the crime. Absolute and truly proportional justice would require the exact and complete evaluation of such complex factors as intentions and motives, the surrounding circumstances, and the causes and repercussions—factors which human judges must consider but cannot evaluate fully and which only God, in the new moral order to be set up in the life after death, can measure. Islamic punishments are not, therefore, to be judged on the scales of proportional and full retribution. They are, however, laid down by the One who is infinitely merciful and wise, and are, therefore, more suitable for the particular crimes than anything that can be prescribed by any human legislature or judge. (more…)