CAPITAL PUNISHMENT IN ISLAM

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.

UPDATE ON CANING OF MUSLIM WOMAN IN MALAYSIA (DRINKING BEER IN PUBLIC)

Excerpts from Reuters

Religious authorities in Malaysia on 24/8/2009 freed a woman who was on her way to a jail in the capital, Kuala Lumpur, to be caned for drinking beer.

"The warrant cannot be executed," Sharafuddin Zainal Ariffin, head of enforcement for the state of Pahang's Islamic Affairs Department, told reporters after Kartika Sari Dewi Shukarno, 32, was returned to her house.

She would have been the first woman to be caned in this Southeast Asian country.

My Comment

What happened? I was shocked to read the short news from Reuters, however, I further checked on the validity of such news from the local newspaper and found that the actual story is that the caning will only be executed after the holy month of Ramadhan.

LAYLATUL QADR - NIGHT OF POWER

In the name of God, Most Gracious, Most Merciful We have indeed revealed this (Message) in the Night of Power: And what will explain to thee what the Night of Power is? The Night of Power is better than a thousand months. Therein come down the angels and the Spirit by God's permission, on every errand: Peace!...This until the rise of morn!

(Surah 97 The Holy Quran)

The Holy Quran contains a short surah dedicated to Laylatul Qadr. Surah Al-Qadr is the 97th surah and consists of five verses. However, these short verses carry great meaning and guidance. They tell us all we need to know about the essence and spirit of Laylatul Qadr.

Laylatul Qadr falls sometime within the last 10 days of Ramadhan.

"Seek it in Ramadhan in the last ten nights. For verily, it is during the odd nights, the twenty-first, or the twenty-third, or the twenty-fifth, or the twenty-seventh, or the twenty-ninth, or during the last night." Sahih Hadith Ahmad 5:318

Laylatul Qadr is the most blessed night. A person who misses it has indeed missed a great amount of good. If an individual wants to obey his Lord, increase the good deeds in his record and have all past sins forgiven, they should take part in Laylatul Qadr.

“Whoever stays up (in prayer and remembrance of Allah) on the Night of Qadr fully believing (in Allah’s promise of reward for that night) and hoping to seek reward (from Allah alone and not from people), he shall be forgiven for his past sins.” Sahih Hadith Bukhari / Muslim

We should strive to find this night, and then pass it in worship and obedience. If this is done for the sake of Allah swt, with sincerity, then all past sins will be forgiven. However, if a person misses out on worship during Laylatul Qadr they truly are a deprived person.

This night is full of reward and blessing and is equivalent to a thousand nights of worship. Anyone who takes part in Laylatul Qadr will have worshipped an equivalent of eighty three years and three months. It is as if a person has spent an entire lifetime in non-stop worship.

“The Night of Power is better than a thousand months.” 97:3 The Holy Quran

"Allah's Messenger saw, looked back at the previous communities and saw that his community lived for a much shorter period in comparison to them. He was concerned about how his community would be able to gain as many rewards as those of the previous communities. So when Allah the Exalted saw the concerns in the heart of His Beloved saw, was given Laylatul-Qadr, which is more virtuous than a thousand months." (Imâm Mâlik, Muatta)

Worship during this night can take on many forms. Here are a few suggestions to help you through Laylatul Qadr:

• Plan ahead if you are working. If you are going to spend a night awake in worship, book the following day off.

• Take regular breaks during the night to avoid getting over-exhausted. Try switching between different forms of worship instead.

• Perform Itikaaf (seclusion in a mosque for worship) – If possible, take a vacation for the last 10 days of Ramadhan. If you cannot stay at your local mosque ask family or friends to help out during your Itikaaf at home. If you cannot spend all 10 days in Itikaaf, then do as many days as you can - even if it is only one day.

• Increase the recitation of the Qur'an, and reflect on the meaning of the verses, especially the verses used in Salah. This will help you concentrate.

• Increase Salah (prayer).

• Find out if there are any events organised, and take your family along.

Doing all of the above activities may be too much to do throughout the night but is far better than social gatherings and meaningless talk that we stay awake for.

If your Arabic is not very strong then there are many good English translations of Quran and Hadith, which can be used instead. Other useful reading might include books of tafsir (Quran commentary), books on the lives of the Prophets, and books of fiqh (Islamic jurisprudence) as well as Du’a books.

The days of Laylatul-Qadr are an important time for worship, especially the last 10 days. We should pray sincerely from our hearts in order to be saved from the hellfire. This is a good opportunity not only to pray for ourselves but also for our fellow brothers and sisters, for if we can not do anything else then our prayers will help.

Ibn Abbas (ra) heard the Prophet (saw) advising someone, saying, “Take advantage of five before five: You’re youth before your old age, your health before your sickness, your wealth before your poverty, your free time before you become occupied, and your life before your death.”

May Allah swt help us to purify our hearts, strengthen our faith, and enable us to meet every challenge, and overcome every difficulty in our lives. May Allah swt allow us to serve Him with sincerity in our work, study, professional, business, family and social lives. When the time comes for us finally to return to Him, may Allah swt admit us to the companionship of those whom He loves.