November 30, 2007 Friday Ziqaad 19, 1428 Purpose of
punishments in Islam
By Bilal Ahmed Malik
ISLAM seeks to protect society from the dangers of crime. The objective of
giving punishment for certain crimes is not to give somebody torture,
humiliation or dismembering of any limb. Punishments in Islam are given to
achieve some higher objectives and have been considered an integral part of
Islamic justice.
For most of the crimes, Islam recommends corporal (bodily) punishment. However,
it is carried out only as a last resort after a thorough effort at reforming
the person has totally failed. (Quran, 5:39)
In Islam each human being is responsible for his or her actions. This simple
truth provides the whole basis for the justification of punishment; for
fulfilling 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 persons 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. The punishments in Islam are not prescribed as ends
in themselves, as portrayed by the West. The punishments are to promote moral
values and welfare of human society. Thus Islamic penal philosophy is unique
and remarkable edifice. It is designed to achieve certain objectives and the
very first object is retributive in nature. Since the commission of the crime
itself is a violation of a divine commandment, therefore it requires the
imposition of the punishment. The Quran elaborates this in the following manner:
As to the thief, male or female, cut off his or her hands. This is
retribution, by way of example, from God, for their crime: and God is exalted
in power. (5:41) At the same time Islamic punishments possess a preventive
mode. Death penalties, amputation of hands or feet, imprisonments, confinements
etc are preventive punishments also which prevents the criminal from repeating
the crime.
This objective is clearly visible from the verse which prescribes the penalty
for the crime of robbery. The Quran says: and they create mischief and
disruption in the world, these people should be removed from the hub of the
activity. (5:36)
At another place Quran prescribes a strict punishment of life imprisonment. It
is stated: Confine them to houses until death claims them. (4:15) Here, the
concept of confinement till death stresses the relevance of punishment as
preventive nature.
Another objective of Islamic punishment is deterrence. The Shariah has
recommended in some cases that the punishment should be executed in public.
There is no leniency in this regard and Islam allows no reduction and
mitigation even under any circumstance.
Let not compassion move you in their case, in a matter prescribed by God, if
you believe in God and in the Last Day. (34:2)
It is further elaborated in the same verse that And let a party of the
believers witness the meting out of the punishment (34:2)
The objective here is to put fear in the hearts and minds of those who have the
criminal intentions. The Quran says: in all such cases punishment must be meted
out in public: The Quran tells us that. Special places and arenas should be
built and the public should be actually invited to view the punitive act being
carried out. The Quran states that viewing such scenes wherein various
punishments are carried out, could serve as a deterrent and a lesson for the
public. (5:38)
A sure and definite advantage is that justice is not only done, but it is also
seen to be done. There should be no mercy or favoritism shown when inflicting
the punishment. The criminal would be so punished that he would never think of
committing the crime -any crime again.
In some cases Islam guarantees redress to the aggrieved party. The feeling of
revenge in some cases is so high that it is very necessary to satisfy it. It is
significance of Islamic penal system that all crimes which fall under this
category have been declared compoundable offences. The Quran says, O
believers: the law of retaliation is prescribed to you in cases of murder: the
free for the free, the slave for the slave, the woman for the woman. But if any
remission is made by the brother of the slain, then grant any reasonable demand
and compensate him with handsome gratitude. (2:178)
This methodology is called Qisas in Islam and is made to satisfy the feelings
of revenge of the victim. One can compound other bodily injuries and accept the
blood money in place of retaliation. This idea is stressed in the following
verse: But if any remission is made by the brother of the slain, then grant
any reasonable demand and compensate him with handsome gratitude. This is a
concession and a mercy from your Lord. After this whoever exceeds the limits
shall be in a grave penalty. (2:178)
While awarding punishments Islam also seeks to reform the criminal. The Quran
often makes mention of repentance in association with the crimes that it deals
with, making it clear that the door to repentance is open whenever the criminal
abandons his crime and behaves properly. Quran says: And God is exalted in
power. But if the thief repents after his crime and amends his conduct, God
turns to him in forgiveness, for God is most forgiving and merciful. (5:42)
The punishment is a recompense for the crime. It is undesirable to treat a
criminal lightly who threatens the security of society with danger. The
criminal should receive his just recompense as long as he is pleased with
taking the path of evil instead of the path of righteousness.
It is the right of society to be secure in its safety and the safety of its
individual members. Once Hazrat Umer said on an occasion, I would confine the
criminal in the jail unless I am convinced that he has repented and reformed
himself.
The philosophy behind Islamic punishments is that crime is crime and that it
has to be checked. Evil should not be taken lightly, because if unchecked and
unpunished, it can wrap the entire society. Islam seeks to protect society from
the dangers of crime.
It is common knowledge that if crimes are not countered with serious
punishments, then society will be in grave danger. Islam seeks to make social
stability and security widespread, making life in society secure and peaceful.
ABDUL WAHID OSMAN BELAL
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