According to Muslim perception, Islam is not only a religion but also a civilization and social order based upon revealed principles. Islam stands out distinctly among the religions of the world in that its punishment and retribution laws are applied under exclusive rules and regulations, dealing with matters related to obligations to Allah swt and obligations to human kind.
Under no circumstances has man the right to punish anyone for non-compliance with the obligations to Allah swt. So as a result of this distinction, Islam totally liberated man’s obligations to worship from humanintervention and interference.
Life is sacred, according to Islam and most other world faiths. But how can one hold life sacred, yet still support capital punishment? The Quran answers, "...Take not life, which God has made sacred, except by way of justice and law. Thus does He command you, so that you may learn wisdom" (6:151).
Ibn Abbas (ra) narrates that the Prophet saw said: stop the enforcement of ‘hudood’ (limits) because of doubts. That is, do not make haste in issuing a ‘hadd’ punishment to anyone. Rather, if there is a possibility of doubt, make it a base for pardon.
That makes it abundantly clear that punishments in Islam are not for revenge, but reformation, and must not exceed the extent of the offence.
The key point is that one may take life only "by way of justice and law." In Islam, therefore, the death penalty can be applied by a court as punishment for the most serious of crimes. Ultimately, one's eternal punishment is in Allah's hands, but there is a place for punishment in this life as well. The spirit of the Islamic penal code is to save lives, promote justice, and prevent corruption and tyranny.
Allah swt has enacted such punishment to safeguard lives and properties of people and to make them safe as well as to establish a safe society. He says: {And there is (a saving of) life for you in Al-Qisâs (the Law of Equality in punishment), O men of understanding, that you may become Al-Muttaqûn (the pious)} [2:179]
Islamic philosophy holds that a harsh punishment serves as a deterrent to serious crimes that harm individual victims, or threaten to destabilize the foundation of society. According to Islamic law (in the first verse quoted above), the following two crimes can be punishable by death:
1) Intentional Murder
The Quran legislates the death penalty for murder, although forgiveness and compassion are strongly encouraged. The murder victim's family is given a choice to either insist on the death penalty, or to pardon the perpetrator and accept monetary compensation for their loss.
Allah swt says: {…..But if the killer is forgiven by the brother (or the relatives, etc.) of the killed against blood money, then adhering to it with fairness and payment of the blood money, to the heir should be made in fairness. This is an alleviation and a mercy from your Lord. …….} [2:178]. Due to human meanness and injustice, many people cannot even imagine what this Quranic law says. They refuse to accept the clear injunctions that strict equivalence must be observed - if a woman kills a man, or a man kills a woman, or a slave kills a free person, or a free person kills a slave, capital punishment cannot be applied. The Quran prefers that the murderer compensate the victim's family. Killing the murderer does not bring the victim back, nor does the family of the victim benefit from executing the murderer. The compensation, however, must be sufficient to be a deterrent for others. In Islam (Submission), the victim and/or the victim's family are the judges for all crimes; they decide what the punishment shall be under the supervision of a person who knows the Quran.
2) Fasaad fi al-ardh
The second crime for which capital punishment can be applied is a bit more open to interpretation. "Spreading mischief in the land" can mean many different things, but is generally interpreted to mean those crimes that affect the community as a whole, and destabilize the society. Crimes that have fallen under this description have included:
- Treason / Apostasy (when one leaves the faith and joins the enemy in fighting against the Muslim community)
- Terrorism
- Land, sea, or air piracy
- Rape
- Adultery
- Homosexual behaviour
Actual methods of capital punishment vary from place to place. In some Muslim countries, methods have included beheading, hanging, stoning, and firing squad. Executions are held publicly, to serve as warnings to would-be criminals.
It is important to note that there is no place for vigilantism in Islam -- one must be properly convicted in an Islamic court of law before the punishment can be meted out. The severity of the punishment requires that very strict evidence standards must be met before a conviction is found. The court also has flexibility to order less than the ultimate punishment (for example, imposing fines or prison sentences), on a case-by-case basis.
The philosophy of punishments in Islam indicates that Islam provides punishment only as a last resort and the purpose behind is reform brought about through a blending of human values and justice tempered with mercy. Encouraging forgiveness where it is likely to reform and improve things, providing severe punishment where there is clear disregard and exceeding the limit of law.
