Crime and Punishment in Islam
Spring 2012
May 7, 2012
Condensed version
Application of Islamic Ethics I. Why do we need Punishment in Islam
Answer: security and stability within the society Since the beginning of the history of mankind, man has been conscious of the need for security.
Stability, flexibility and firmness or peace, justice and security
This complete legal system was sent down to Muhammed, peace be upon him, and without this system, there would be chaos and instability.
Society needs general security
Islamic Laws provide * General security * a means of settling disputes and conflicts that threaten public safety * a means of opposing external threats posed by other nations.
Allah commands justice, righteousness,…
Islamic Law is aimed at achieving human welfare and these are all based on universal concerns or principles:
* 1. preservation of life * 2. preservation of religion * 3. preservation of reason * 4. preservation of lineage * 5. Preservation of property To preserve life, it prescribes the law of retribution. Qisas
To preserve religion, it prescribes the punishment for apostasy. Hidood To preserve reason, it prescribes the punishment for drinking.
To preserve lineage, it prescribes the punishment for fornication. Hadood
To preserve wealth, it prescribes the punishment for theft. Hadood/Ta’zir
To protect all of them, it prescribes the punishment for highway robbery. Hadood
Islam has recognized that there are crimes that occur as a result of the unchanging aspects of man’s life - FIXED LAWS
No society is free of these crimes – it’s a part of human nature
These are crimes like murder, adultery, fornication, theft, etc.
It also recognizes that there are crimes that are the result of social development and advances in knowledge - these crimes are solved by using general principles and universal rules by the
May 7, 2012
Condensed version
Application of Islamic Ethics I. Why do we need Punishment in Islam
Answer: security and stability within the society Since the beginning of the history of mankind, man has been conscious of the need for security.
Stability, flexibility and firmness or peace, justice and security
This complete legal system was sent down to Muhammed, peace be upon him, and without this system, there would be chaos and instability.
Society needs general security
Islamic Laws provide * General security * a means of settling disputes and conflicts that threaten public safety * a means of opposing external threats posed by other nations.
Allah commands justice, righteousness,…
Islamic Law is aimed at achieving human welfare and these are all based on universal concerns or principles:
* 1. preservation of life * 2. preservation of religion * 3. preservation of reason * 4. preservation of lineage * 5. Preservation of property To preserve life, it prescribes the law of retribution. Qisas
To preserve religion, it prescribes the punishment for apostasy. Hidood To preserve reason, it prescribes the punishment for drinking.
To preserve lineage, it prescribes the punishment for fornication. Hadood
To preserve wealth, it prescribes the punishment for theft. Hadood/Ta’zir
To protect all of them, it prescribes the punishment for highway robbery. Hadood
Islam has recognized that there are crimes that occur as a result of the unchanging aspects of man’s life - FIXED LAWS
No society is free of these crimes – it’s a part of human nature
These are crimes like murder, adultery, fornication, theft, etc.
It also recognizes that there are crimes that are the result of social development and advances in knowledge - these crimes are solved by using general principles and universal rules by the