crime and punishment

What is the nature of justice?

• Justice means treating people fairly

• In society, it means living according to a certain set of laws that ensure people are safe and society is orderly

• These laws are upheld by law enforcement agencies, including the police

• The laws must be just so that everyone is treated fairly. If people break the law, they must be punished in a way that fits the offence.

• If the laws, the enforcement or the punishments are unfair, it would lead to unrest and disruption in society

Why is justice important for Muslims?

• Justice is very important for Muslims

• The Qur’an describes Allah as just

  • One of his qualities is Al’Adl, meaning ‘the Just’

• The Qur’an teaches that Muslims should treat others fairly in their daily lives andestablish justice in their societies

‘God commands justice, the doing of good … and he forbids all shameful deeds and injustice’ (Qur’an 16:90)

• The Prophet Muhammad (pbuh) set an example to his followers through his commitment to justice

• He was known as a trusted mediator who helped people to settle disagreements

  • Many Hadith describe the example the Prophet set and his teachings to Muslims that they should also act justly

• Therefore, Muslims should always try to be fair in their lives today:

  • They are vicegerents of God’s creation, which means they should act justly to others and ensure that the world is governed fairly

  • They are taught to stand up for what is right and fair

  • They should always try to support victims of injustice

  • However, they should not break the law themselves in trying to get justice for others 

• Equality before the law is one of the basic principles of the Shari’ah justice system in Islam

  • Justice has to be equal for everyone, and people have to act fairly

• Muslims are not allowed to let their own personal interests stop them pursuing justice

‘You who believe, be steadfast in your devotion to God and bear witness impartially: do not let hatred of others lead you away from justice, but adhere to justice, for that is closer to awareness of God’ (Qur’an 5:8)

• This even applies if doing so goes against oneself or one’s friends or family

'You who believe, uphold justice and bear witness to God, even if it is against yourselves, your parents, or your close relatives' (Qur’an 4:135)

• Muslims have free will to choose good or bad behaviour

• There are consequences for Muslims for failing to act justly because they believe they will be judged on Judgement Day

• The Qur’an reminds Muslims that their actions will be judged

‘If you distort or neglect justice, God is fully aware of what you do.’ (Qur’an 4:135)

Why do Muslims consider justice important for the victims?

• Victims of crime and injustice suffer physically, emotionally, and financially

• Muslims believe that justice is important for the good of the victims because:

  • ‘No justice, no peace’: Justice being done shows victims that there are consequences for the perpetrator for the actions that have harmed them and others

  • It will help victims by recognising publicly that they are innocent and have suffered

  • The Qur’an teaches that victims of crime should be compensated, which will help to give them justice

• The prophet Muhammad (pbuh) helped anyone who had been the victim of injustice

  • On one occasion, Muhammad (pbuh) helped a man who was owed money by Abu Jahl, a leader of Makkah

  • He went to the leader’s house and as a consequence, the man paid the debt in full

Importance of justice in society

• For Muslims, justice is important in all areas of society

  • All people should have a fairer share of the earth’s resources

• Islam forbids the charging of interest on loans and credit cards to avoid the rich getting richer at the expense of the poor (Qur’an 2:275)

• Zakah, the third pillar of Islam, means that Muslims pay a share of their wealth to help those less fortunate

• The work of groups such as Muslim Aid and Islamic Relief tries to relieve poverty and bring justice for the poor and oppressed throughout the world

Non-religious views on the importance of justice

• Justice is important for non-religious people, including atheists and humanists

• A society with just laws and systems:

  • allows people to feel safe and protects the innocent

  • ensures that people can work hard, trade fairly, and keep the rewards of their labour

  • provides police, law enforcement and courts to ensure that everyone keeps to the rules and the country can run well

Muslim responses to non-religious views on the importance of justice

• Muslims would agree with non-religious people that justice is not just for the religious, but is essential for everyone

• Muslims believe that everyone is born with an inbuilt sense of justice and their prophets have always stood up for this, although many world leaders have not always set a good example

‘We sent our messengers with clear signs, the Scripture and the Balance so that people could uphold justice’ (Qur’an 57:25)

Explain two reasons why justice is important to Muslims

(4 marks)

Justice is important to Muslims because they believe that it is their duty as vicegerents of God’s creation to act justly to others and ensure that the world is governed fairly (2 marks)

Another reason is that Muslims are taught in the Qur’an to stand up for what is right and fair and to support victims of injustice (2 marks)

What is the nature of crime

• Crime is an illegal act that is punishable by law

• Laws are made to protect the rights of all members of society and everyone is expected to follow them

• The laws are upheld by law courts and the police

The causes & problems of crime

• Crime can have many different causes. Sociologists have identified some of the most common:

  • Poverty: This is likely to drive people towards crime

    • There tends to be more crime in socially deprived areas than in wealthy ones.

  • Upbringing: There is evidence linking family background and upbringing to crime.

    • The majority of the prison population has experienced a troubled background with issues such as abuse, being expelled from school, or having other family members who had been in prison or young offenders’ institutions

  • Drugs: Alcohol and drug use are a major cause of crime

  • Self-esteem: Research shows a close link between low self-esteem and criminal offending

• Muslim teachings on crime

• The Qur’an provides clear guidance for Muslims on crime

'God commands justice, doing good, and generosity towards relatives, and He forbids what is shameful, blameworthy, and oppressive' (Qur'an 16:90-92)

• This instructs Muslims that Allah, who is Al ‘Adl (the Just) expects Muslims to act fairly and justly, which means committing no crimes

• If people are avoiding crime, they can then advance to do further good in the world

‘Fulfil any pledge you make in God’s name and do not break oaths after you have sworn them … Do not use your oaths to deceive each other’ (Qur’an 16:90-92)

• The Qur'an also reminds Muslims that they will be accountable for every action in the akhirah, which will make them more conscious about every action in this life

‘On the Day of the Resurrection, He will make clear to you those things you differed about’ (Qur’an 16:90-92)

Crime as a distraction from Allah

• Islam teaches its followers that they should keep away from anything that distracts them from focusing on Allah and their faith, and which could lead to crime

‘You who believe, intoxicants and gambling … are repugnant acts - Satan’s doing - shun them so that you may prosper’ (Qur’an 5:90-91)

• Muslims should always remain faithful to their religion and their country

‘You who believe, obey God and the messenger, and those in authority among you’ (Qur’an 4:59)

Muslim responses to crime

• Muslim parents are expected to teach their children right from wrong and make sure they go to the madrasah which will also help with this

• Islam tries to deal with the issue of poverty which may cause crime by:

  • banning interest on loans and credit cards

  • banning gambling

  • operating the system of Zakah to help people overcome poverty and encourage believers to share their wealth

• Islam deals with alcohol and drugs by forbidding them for believers as Qur’an 5:90-91 instructs. Both are haram for Muslims

• Islam hopes to encourage people’s self-esteem by teaching them that they are the khalifahs of Allah and have a duty to look after His creation in the way He wants

Muslim Actions to End Crime

• Muslims are taking various steps to work towards ending crime and preventing criminals from reoffending.

• The Muslim Chaplains Association (MCA) is an organisation providing support and rehabilitation for offenders by:

  • supporting Muslim chaplains who provide pastoral care and worship within prisons

  • helping with the resettlement of offenders after release, providing practical support with housing and employment to prevent reoffending

  • working with the wider community to encourage greater understanding of the issues 

• Mosaic is a charitable organisation that runs an Ex-Offender Mentoring Programme:

  • Volunteer mentors work with prisoners approaching the end of their sentences to help them secure housing and employment

  • Mentors will visit the person regularly upon their release for at least six months to help prevent them reoffending 

State three causes of crime

One cause of crime is poverty

Another cause of crime is people's upbringing and background

A third cause is drugs

the nature of good actions

• Good actions are known as halal, or permitted, in Islam

• Since God created the universe, everything in it is halal unless God has said it is not

• All humans are born with a fitrah or nature that is pure and have free will to act in good or harmful ways

• Good actions are those that make a positive difference, while harmful actions are viewed as evil

• Good actions are divided into two groups:

  • Fard are actions that must be performed for the person to be seen as good

    • These include observing the Five Pillars of Islam and obeying Shari’ah laws

    • Muslims will be rewarded for fard actions and punished by God for failing to carry them out

  • Mandub are recommended actions

    • Examples include helping others or giving charitable donations

    • Muslims will be rewarded for doing these, but won’t be punished if they fail to carry them out

The reward for good actions

• God will reward good actions on the Day of Judgement by sending the people who perform them to Paradise for eternity

• The Qur’an describes the rewards as being like ‘clusters of fruit’, meaning they will be great

‘God will … give them radiance and greatness, and reward them for their steadfastness with a garden and silk robes … With shady branches spread over them and clusters of fruit hanging close at hand’ (Qur'an 76:11-22)

• The rewards are beyond human imagination

‘No soul knows what joy is kept hidden in store for them as a reward for what they have done’ (Qur’an 32:17)

The nature of evil actions

• Evil actions are known as haram, or ‘that which is forbidden’, in Islam

• Any action forbidden in the Qur’an, Hadith or Shari’ah is haram

  • Examples include drinking alcohol and gambling

‘You who believe, intoxicants and gambling … are repugnant acts - Satan’s doing - shun them so that you may prosper’ (Qur’an 5:90-91)

• Muslims believe that things are not good or evil in themselves, but their use determines their benefit or harm

  • For example, a knife can be used to prepare food or to stab someone

The consequences of evil actions

• Humans have free will and choose how to act. They may choose to act in harmful ways

• The Qur’an teaches 

‘The one who purifies his soul succeeds and the one who corrupts it fails’ (Qur’an 91:9-10)

• God keeps a record of everyone’s actions and will punish evil actions on the Day of Judgement

• The Qur’an teaches that those who ignore God’s messengers and do evil will suffer the consequences

‘Those who disbelieved … they tasted the evil consequences of their conduct, and a painful torment awaits them’ (Qur’an 64:5-6)

Non-religious Views About Why People Suffer

• Suffering is caused by two types of evil:

  • Natural evil is suffering that is caused by nature, for example earthquakes, hurricanes, tsunamis

  • Moral evil is suffering caused by humans using their free will to carry out evil actions, for example murder

• Non-religious people, including atheists or humanists, would say that 

  • Moral evil comes from people’s bad choices or bad behaviour, which causes others to suffer. People’s greed, envy, hatred and selfishness leads to actions such as crime and war

  • Natural evil is also a cause of suffering, but this is just the way the world is - it is bad luck for those who suffer

• They would say that the existence of natural evil is a good reason not to believe in God. Why would a good God create a world with earthquakes, floods, and terrible diseases?

Muslim Teachings on Suffering

• Evil and suffering cause problems for believers because:

  • if God was omnipotent, he would have the power to end suffering and evil

  • if God was omnibenevolent, he would want to remove from the world anything that causes suffering

• Muslims answer this issue by saying that God is both omnipotent and omnibenevolent, and yet there is still suffering in the world so there must be a good reason for it, although humans are not able to understand that reason

  • God is so much greater than humans that we cannot understand his motives and must just simply accept what he does

• Suffering is a test of faith and must be accepted as God’s will for their lives

  • If Muslims remain faithful in this life, they know their rewards will come in the afterlife

• The Qur’an teaches that God wants good, and therefore evil and suffering must lead towards good and so humans must work towards this throughout their lives

• God cannot be blamed for moral evil, since this is caused by humans acting of their own free will

• Suffering, including at times of tragedy such as natural disasters, provides opportunities for people to demonstrate their goodness by helping those in need

• Islam teaches that Muslims should actively seek to end suffering in the world for everyone, whether by offering practical support for others or through prayer. This is part of their role as khalifahs of the world

  • As a result, there are many charitable organisations such as Islamic Relief that work to reduce the suffering of others

  • Every good action will be rewarded in the afterlife 

Divergent Muslim responses to suffering

• Some Muslims believe that the suffering of sinners is due to Allah because the Qur’an teaches

‘There is a disease in their hearts, which God has added to … God takes away all their light, leaving them in utter darkness, unable to see’ (Qur’an 2:10-17)

• Others interpret the ‘darkness’ in this teaching as people’s choice to move away from Allah.

• They say that everything good is down to God, and anything bad is due to humans alone 

  • This is because the Qur’an teaches

‘Anything good that happens to you is from God; anything bad is [ultimately] from yourself’ (Qur’an 4:79)

• The Qur’an also makes it clear that humans have been given reason and understandingso that they can follow the right path as shown to them by the prophets

‘We guided him to the right path, whether he was grateful or not’ (Qur’an 76:1-3)

• However, some people do not use this reason and understanding to follow the right path

• They will suffer the consequences in the afterlife

'We have prepared chains, iron collars, and blazing fire for the disbelievers' (Qur’an 76:4) 

Outline three Muslim beliefs about suffering

Muslims believe that suffering cannot be understood as God is so much greater than any human that people will never comprehend God’s motives (1 mark)

They believe that suffering is a test of faith in God (1 mark)

They also believe that they should work actively to help people who are suffering (1 mark)

The Nature of Punishment

• Punishment is a penalty imposed on someone who has broken the law

• There are several forms of punishment used by UK courts. The most common forms are:

  • imprisonment for a fixed time period

  • suspended sentence where the prison term does not take effect immediately unless the offender commits another offence during an agreed fixed time period

  • community service order where the offender does unpaid work in the community

  • probation where offenders are supervised by a probation officer for a fixed period and must show good behaviour to avoid being resentenced for their crime

  • fine or compensation to the victim

The use of punishment

• One of the main aims of Islam is peace, and crime destroys peace

• Therefore Muslims consider it important to tackle the causes that lead to offences being committed in the first place

  • They try to teach children good moral and spiritual lessons to ensure that people grow up as good law-abiding citizens 

• Muslims should not commit any form of crime because that is a sin against God

  • People who commit crime will be punished by God on the Day of Judgementbecause he sees all actions

  • However, they also need to be punished by the law

• Islam sets out certain punishments for certain crimes

• These are intended to be in the best interests of the offender, their victim, and society as a whole

‘As for those who did evil, each evil deed will be requited by its equal.’ (Qur’an 10:27)

Principle of Qisas

• Qisas is the principle of retaliation

• It follows the teaching in the Qur’an, originally from the Torah:

‘In the Torah we prescribed for them a life for a life, an eye for an eye … a tooth for a tooth, an equal wound for a wound … those who do not judge according to what God has revealed are doing wrong.’ (Qur’an 5:44-47)

• The Qur’an sets out Hadd punishments that follow the principle of Qisas

• Hadd punishments are designed to treat people who have committed serious offences justly

  • They are given to all offenders without distinction because all people are equal before the law as the Hadith teaches

'The blood of all Muslims is alike in respect of the law.' (Hadith - Nasa'i)

• Hadd punishments are proportional and also safeguard human life

  • They range from whipping and amputation to the death penalty as a punishment for murder

• The crimes that lead to Hadd punishments include acts such as theft, illicit sex, drinking intoxicants, making unproven allegations, and denying their faith

• In practice, strict requirements of evidence have severely limited the application of Hadd punishments

  • Most Muslim countries operate a legal and punishment system similar to that of Europe and use situation ethics to justify replacing Hadd punishments

• The Qur'an declares that if both the victim and perpetrator agree, a compensationamount can take the place of punishment

‘If the culprit is pardoned by his aggrieved brother, this shall be adhered to fairly, and the culprit shall pay what is due in a good way.’ (Qur'an 2:178)

• However, this compensation money should be paid promptly and in a good spirit

  • Some Muslims believe that this type of compensation should only be permitted for believers

    • That is why the term ‘brother’ is used, to remind people of the bonds of shared faith

  • Others disagree and think this should be applied to all people living in Islamic countries, including non-Muslims

Muslim Views on the Need for Punishments in Society

• Punishments are needed in society because:

  • human beings live in groups, and all groups need rules to organise the behaviourof individuals, protect the weak and vulnerable and ensure that society is safe and orderly for everyone

  • just as there need to be laws, there must also be punishments as a deterrent, to make sure that all members of society obey those laws

  • it shows that crimes are not acceptable and that there are consequences for breaking the law

  • they help offenders to realise the errors of their ways and not re-offend

Explain two reasons why punishment is important for Muslims

(4 marks) 

One reason punishment is important for Muslims is because Islam teaches that no believer should commit a crime because that is a sin against God, which will be punished by God on the Day of Judgement (2 marks)

Another reason it is important is because the Qur’an teaches that criminals need to be punished for their crimes in a way proportional to the crime committed, for the good of the offender, the victim, and society as a whole (2 marks)

There are four aims of punishment:

• Protection

  • Punishment should protect society from criminals and criminal activity so that people feel safe

• Deterrence

  • Punishment should put people off committing crimes because they can see the consequences

• Reform

  • Punishment should try to change criminals so that they no longer re-offend

• Retribution

  • Criminals should pay for their crimes and suffer just as their victims did

Muslim Attitudes Towards the Aims of Punishment

• For Muslims, the aim of punishments is to be seen positively, as something that can help humans

• The Qur’an teaches that as Allah is merciful towards humans, so they should be merciful in their punishments of each other

‘He wishes to make His laws clear to you and guide you to the righteous ways of those who went before you. He wishes to turn towards you in mercy … God wishes to lighten your burden; man was created weak.’ (Qur’an 4:26-28)  

• Hadd punishments in Islam are based on three of the four aims of punishment: retribution, deterrence and reform

• There is support in the Qur’an for all four aims of punishment and so many Muslims support all of them

Muslim attitudes towards retribution

• The Qur'an teaches that retribution is an appropriate punishment in response to a crime

‘We prescribed for them a life for a life, an eye for an eye … a tooth for a tooth, an equal wound for a wound … those who do not judge according to what God has revealed are doing wrong.’ (Qur’an 5:44-47)

• The benefits of retribution:

  • It ensures that people pay for their crimes

  • It makes sure that criminals suffer for what they have done wrong

  • It is proportionate to the crime committed

Muslim attitudes towards deterrence

• The Qur'an teaches that the use of the Hadd punishments as retribution is an appropriate punishment in response to crime

‘As to the thief, male or female, cut off his or her hands: a punishment by way of example, from God of their crime.’ (Qur’an 5:41)

• The benefits of deterrence:

  • It should be so bad that it stops anyone else from daring to commit the same offence

    • If people know the punishment for theft is amputation of their hands, no one will steal, and if the punishment for murder is the death penalty, no one will kill

Muslim attitudes towards reform

• The Qur'an teaches that reform is an appropriate punishment in response to crime

‘If you avoid the great sins you have been forbidden, we shall wipe out your minor misdeeds and let you in through the entrance of honour.’ (Qur’an 4:31)

• The benefits of reform:

  • It gives people hope that there is an opportunity for reform and change

  • It is the only way to stop further crimes because it enables criminals to become honest citizens by helping them to take steps to avoid committing further misdeeds

  • It allows people who were not brought up in a way that allowed them to learn morals to change their ways. They can get an education and learn that there are alternatives to crime

  • It reflects the idea that Allah is merciful if there is genuine repentance because the Qur’an teaches

‘If anyone repents after his wrongdoing and makes amends, God will accept his repentance: God is most forgiving, most merciful.’ (Qur’an 5:39)

Muslim attitudes towards protection

• Muslims believe that they are called to be the khalifahs of the earth for God and therefore everyone has a duty to make the world the best it can be

  • This involves trying to make a stable and safe society for everyone to live in

• The benefits of protection:

  • Punishments can protect the rest of society and keep it safe from criminals and their activities

  • Capital punishment protects people from murderers and terrorists because they can no longer pose any threat

  • Prison sentences protect people from violent criminals or thieves as it removes them from society

  • Community service gives people a positive way to spend their time and prevents them from harming others, and it can do good for the local community

Divergent Muslim Views on the Aims of Punishment

• Although Muslims recognise four aims of punishment, they have different views about which aim has the greatest importance

• Some Muslims think that retribution and deterrence are the most important aims. In some Muslim countries, criminals are publicly humiliated for crimes to make sure they suffer (retribution) and others are put off acting in a similar way (deterrence)

• Many Muslims believe that the Hadd punishments are no longer relevant and the aims of punishment are better achieved through punishments such as imprisonment

• Most Muslims believe that criminals should be treated fairly and that reform is important in preventing crime. Allah is a merciful God and therefore people should be merciful in their punishments

Outline three aims of punishment for Muslims

One aim of punishment is deterrence (1 mark)

Another aim is retribution (1 mark)

A third aim is protection (1 mark)

Muslim Teachings About Forgiveness

• Islam teaches that God is merciful and forgiving

• One name given to Allah is Al-Ghafoor, the All-forgiving

• Each surah in the Qur’an starts with a verse that says

‘In the name of Allah, the Lord of Mercy, the Giver of Mercy’

• Muslims repeat this phrase often:

  • in prayer, when reciting the Qur’an

  • before eating or undertaking a task

• This reminds them of God’s mercy throughout the day 

• Because He is merciful, Allah can overlook people’s faults and forgive them if He chooses

• Muslims believe that on the Day of Judgement, God will reward or punish everyone for their actions

  • They can ask for God’s mercy at this time and if they are truly sorry and repent, Allah can forgive them at this time

‘When He gathers you for the Day of Gathering … He will cancel the sins of those who believed in him and acted righteously.’ (Qur’an 64:9)

• Therefore, Muslims must be prepared to show the same mercy towards others, as the Qur'an teaches

‘Believers, even among your spouses and your children you have some enemies - beware of them - but if you overlook their offences, forgive them, pardon them, then God is all-forgiving, all merciful.’ (Qur’an 64:14)

The teaching and example of the Prophet Muhammad (pbuh)

• Muslims can look to the example set by the Prophet Muhammad (pbuh)to help them learn how to forgive:

  • Muhammad (pbuh) was exiled from his home city of Makkah for many years and his followers were oppressed for believing in Islam

  • Upon his return to Makkah, some of those who had persecuted Muslims were worried that the prophet would take revenge

  • Instead, Muhammad (pbuh) said, ‘No retribution shall be exacted from you this day’ 

• Muslims have to try to follow both Muhammad’s (pbuh) example and the Prophet's teaching in hadiths such as this example

‘Be forgiving and control yourself in the face of provocation; give justice to the person who was unfair and unjust to you; give to the one who did not help you when you were in need, and keep fellowship with the one who did not care about you.’ (Hadith)

Islam and Restorative Justice

• Islam supports the use of restorative justice

• Restorative justice is a way for criminals to make amends for their offences

• It consists of three steps:

  • Repentance from the offender

  • Forgiveness from the victim or the victim’s family

  • Reconciliation between the two parties

• Restorative justice has been in practice since the early days of Islam

  • It was laid out in the Prophet Muhammad’s (pbuh) Madinah Charter

The benefits of restorative justice

• Restorative justice is important because:

  • it puts offenders in direct contact with those they have wronged

    • This helps them to understand the harm they have done and make amends

  • the offender and victims communicating directly can lead to reconciliation and restored relationships between the parties, as the Qur’an encourages

  • it has a high success rate, with around eighty percent of offenders saying that restorative justice has helped them to realise the effects of their deeds and so turn away from crime

  • it helps those who have committed crimes face up to them and repent properly, which will help them to please Allah on the Day of Judgment

Why forgiveness in the community is needed

• There is a need for forgiveness of offenders in modern society because:

  • The prison system is expensive - prisons cost the UK taxpayer around £11 billion each year

    • If rehabilitation was more successful, this money could be used better in other areas of society

  • The current system is unsuccessful - up to 60 percent of offenders reoffend within a year of their release from prison

    • If rehabilitation was more successful, there would be fewer reoffenders and more people successfully reintegrated into society

  • Fewer offenders and reoffenders would mean society would have less crime and would be safer for everyone

    • The law and the prison system would be seen as effective and this would be a deterrent to others offending in future

• Therefore, the justice system needs to include the rehabilitation and reintegration of offenders for the good of everyone

How forgiveness in the community is shown

• The UK government tries to rehabilitate offenders through the Rehabilitation of Offenders Act of 1974 (amended in 2012)

• Several business ventures aim to rehabilitate offenders into the community by offering them employment and training.

  • For example, The Joint in Brixton is a restaurant that offers jobs for those who train as chefs at chef Gordon Ramsay’s Bad Boys’ Bakery at Brixton prison

• Charities such as NACRO provide information and advice to help ex-offenders and their families when they complete their sentences

Explain two reasons why Muslims support restorative justice

One reason why Muslims support restorative justice is that the Qur’an encourages peace and reconciliation, and they consider restorative justice to be the most effective way to bring this about (2 marks)

Another reason they would support it is because restorative justice has been practised since the early days of Islam. It was encouraged by the Prophet Muhammad (pbuh) and was laid out in the Prophet’s Madinah Charter (2 marks)

Islam and human rights

• The Universal Declaration of Human Rights, set out by the United Nations in 1948, sets out the key human rights that should be protected for every single human being

• Some of the rights within this declaration relate to the treatment of criminals.

• Everyone has:

  • the right to freedom of thought, conscience and religion, meaning no one can be punished for their ideas and beliefs

  • the right to freedom of expression, meaning people can say what they think in public, including on politics and religion (but only if they do not take away other people’s human rights)

  • the right to have a fair trial

  • The right to punishment that is proportionate to the crime

  • the right to freedom from torture and degrading treatment

  • the right to be free

• Muslims can trace many of these rights back to the human rights already outlined by the Qur’an and Hadith at the start of the religion of Islam

• The Universal Declaration of Human Rights, set out by the United Nations in 1948, sets out the key human rights that should be protected for every single human being

• Some of the rights within this declaration relate to the treatment of criminals.

• Everyone has:

  • the right to freedom of thought, conscience and religion, meaning no one can be punished for their ideas and beliefs

  • the right to freedom of expression, meaning people can say what they think in public, including on politics and religion (but only if they do not take away other people’s human rights)

  • the right to have a fair trial

  • The right to punishment that is proportionate to the crime

  • the right to freedom from torture and degrading treatment

  • the right to be free

• Muslims can trace many of these rights back to the human rights already outlined by the Qur’an and Hadith at the start of the religion of Islam

Divergent Muslim attitudes towards human rights

• Many Muslims agree with all the principles expressed in the UN Declaration of Human Rights 

• However, many believe that human rights are subject to the teachings of the Qur’an and Shari’ah law

• Therefore there are some exceptions to the rights set out in the UN Declaration, including

  • The right to consensual sex outside of marriage

  • Protection of the rights of gay people

  • Freedom of speech

  • Freedom of religion

  • Some issues with women's rights

• Therefore an alternative document called Human Rights in Islam was signed in Cairo in 1990 which leaves many of these areas to be upheld by Shari’ah law instead

• This means that in some Muslim countries, there are:

  • no gay rights

  • no right to consensual sex outside marriage

  • no freedom of religion

  • no equality for women

Muslim Teachings about the Treatment of Criminals

• The Qur’an teaches that criminals should be treated fairly as fellow humans while waiting for their trial, when convicted, and during their punishment

• This is because to be true believers, everyone should want for others what they want for themselves

'None of you believes truly until he loves for his brother that which he loves for himself.' (Hadith Sahih Muslim 1:17)

• The Qur’an teaches Muslims to be merciful towards prisoners and to feed them

'They are those who feed the poor, the orphan and the captive for the love of Allah.' (Qur’an 76:8-9) 

• This is because Allah wishes everyone to have access to the basic essentials of life

'You will never go hungry, feel naked, be thirsty, or suffer the heat of the sun.' (Qur’an 20:118-119)

• Muslims should treat people convicted of crime fairly, even if they feel bitter about the crimes they committed

'Do not let hatred of others lead you away from justice, but adhere to justice, for that is closer to awareness of God.' (Qur’an 5:8)

• Some people have misused the intelligence and guidance Allah has given them to commit crimes

'We guided him to the right path, whether he was grateful or not.' (Qur’an 76:2-3)

• It is for Allah to judge these ‘ungrateful’ ones on the Day of Judgement

• That does not mean they should be dealt with harshly while going through the system of justice

Divergent attitudes towards trial by jury and fair trial

• Most Muslims support the process of a fair trial and trial by jury

  • This means that people accused of a crime are tried in an open court, have a defence lawyer, and are given a proper hearing

  • There is a jury of twelve citizens to decide whether the defendant is innocent or guilty

  • A judge presides over the process to ensure that everything is fair and decides on a proportionate punishment if the accused is found guilty

• This is the procedure in Islamic states which have adopted Western-type legal systems

• These countries also support the idea of restorative justice as the most effective way of preventing future crimes and restoring peace between people

• However, some Islamic states which follow Shari’ah legal systems do not follow this process

  • They do not use a jury and sometimes do not even permit defence lawyers

  • Crimes against God, for example drinking alcohol or committing adultery, are punished as Hadd crimes and given Hadd punishments that follow the principle of Qisas

  • Other crimes, including murder, are treated as individual disputes. In these, the Islamic judge decides the outcome based on Shari’ah laws

Muslim Attitudes Regarding Torture

• All Muslims are against the use of torture on prisoners if it goes against the conditions stated in the Cairo Declaration of 1990

• Most Muslims are opposed to the use of torture at all

  • This is because all humans were created by Allah and therefore must be treated with respect 

  • The Prophet Muhammad (pbuh) issued several hadith condemningthe use of torture, saying "Verily Allah will torture those who torture people in this world."

• Most Islamic countries have signed the United Nations Convention Against Torture

Divergent attitudes regarding torture

• Some Muslims believe that in certain circumstances the torture of individuals is permitted

• They would use ethical theories such as situation ethics and utilitarianism to support their stance.

  • For example, the torture of someone who has hidden a bomb that may detonate and cost thousands of lives would be justified on utilitarian grounds as it would serve the greater good

• However, others would argue that as the Prophet Muhammad (pbuh) didn’t use or condone such methods they cannot be justified

• Some of the Hadd punishments used in Islamic states operating Shari’ah legal systems are extremely severe and painful

  • For example, flogging, stoning, and amputation are seen as acceptable and used

  • These may be classed as torture by many people

Explain two reasons why Muslims believe criminals should be treated with compassion

One reason why Muslims believe criminals should be treated with compassion is that the Qur’an teaches that criminals should be treated fairly as fellow humans while waiting for their trial, when convicted, and during their punishment (2 marks)

Another reason is that the Qur’an teaches Muslims to be merciful towards prisoners and to feed them as they would feed the poor (2 marks)