F - Ethical debate about crime and punishment

What are traditional views on punishment for crime considered?

What is Sharia law sometimes associated with?

• Traditional Islamic views on punishment for crime are multifaceted, reflecting both religious principles and cultural variations.

• Sharia law is sometimes associated with the taking of a life for a life, in a way which might be expected hundreds of years ago, but no longer accepted in modern democratic societies.

What are the methods of execution in Islamic countries?

What remains an ongoing discussion within the Islamic community?

• Methods of execution in Islamic countries can vary and can include beheading, firing squad, hanging and stoning.

• Public executions sometimes occur to enhance deterrence.

• Crime and punishment is one of the most controversial areas in Islam.

• The balance between earthly punishments and divine justice remains a topic of ongoing discussion within the Islamic community.

What is Hudud? - categories of crime and punishment

• Hudud crimes that disobey God’s law, as defined in the Quran and Sunnah.

• These are given fixed penalties and are eternal, cannot pick and choose when they do and do not apply.

What do the crimes and punishments in Hudud include?

• These are the most well known Islamic punishments and the most controversial.

• Crimes include adultery, becoming intoxicated, armed robbery (except Shafi school), apostasy of belief, rebellion (except Hanafi school).

• We can see from this list that there is already disagreement between different schools of thought, but the punishments usually include, death penalty, flogging, amputation of a limb.

What have human rights organisations etc, done in return of Saudi and Iran imposing these Hudud punishments?

• Saudi Arabia and Iran have imposed these punishments and human rights organisations and reformist Muslims have denounced these punishments as unacceptable and play no role in modern society.

What did Muhammad and his companions used to do?

How do some view hudud punishments?

• Muhammad and his companions often made allowances for people who stole and required them to confess rather than carry out a limb amputation.

• Some view hudud punishments as successful because they are deterrents and should not be copied because they were relevant for the practices of the time.

• Others see them as a literal application of God’s law but if this was the case then shooting should not be used because it was not invented during Muhammad’s time.

What are Qisas crimes, what is Qisas a form of?

What does the Quran encourage as an alternative?

• Qisas crimes that are against other individuals who may call for retaliation/revenge or compensation to ensure justice prevails.

• Qisas is a form of retribution or revenge.

• For example, if a family member is murdered the family has the right to task for the equivalent i.e. the death penalty.

• However the Quran encourages Muslims to accept repentance and compensation as alternatives.

What does the hadith restrict the death penalty to, how have some interpreted this? - Qisas

• The hadith restricts the death penalty to murder, adultery and those who reject the Islamic faith and go against the Islamic community.

• Some have interpreted this to mean it applies to only Muslims, so therefore non-Muslims can be given the death penalty for other crimes.

What is Diyya, what does the Quran say about those who give up retaliating? - Qisas

• Diyya is monetary compensation in place of the death penalty.

• A family may demand compensation or acts of charity to make up for the crime committed.

• The Quran says those who give up retaliating gain the reward of being forgiven for some of their crimes by God:

• ‘‘Life for life, eye for eye… But if any one remits the retaliation by the way of charity, it is an act of atonement for himself’’

What do punishments do Tazir crimes call for, who are they left to be decided by?

• Tazir crimes call for deterrent but discretionary punishments outside the hudud and qisas categories.

• Tazir crimes are unspecified in religious texts and are left to be decided by the judge, the qazi.

• The judge follows the interpretations of their schools of law e.g. Hanafi.

What is Tazir used for, what can puishments include?

• Tazir is used for lesser offences and the judge, qazi, decides on the punishment but the different schools of law do not always agree on the punishments.

• Tazir is used for crimes like cheating when selling goods, lying as a witness, lewdness (vulgar).

• Punishments can include fines, flogging, separation from the community, seizing property.

What countries use tazir in modern times, what are examples of what they do?

• Pakistan, Brunei and Iran are countries which use tazir in modern times.

• Brunei punishes adult males for failing to attend Jummah prayers without good excuse (fines or jail sentence).

• Iran punishes women who do not wear hijab.

What two groups of crimes is the death penalty appropriate for?

The death penalty is appropriate for two groups of crimes:

• Intentional murder - in such cases, the victims family has the option to insist on this severe punishment.

• Spreading mischief in the land - This includes crimes like treason, apostasy, terrorism, piracy, rape, adultery, and homosexual activity. The interpretation of what constitutes ‘‘spreading mischief in the land’’ may vary, but these crimes are typically included.

What is a positive of sharia law despite the the death penalty?

• While sharia law allows the death penalty, it emphasises justice, mercy, compassion and repentance as the overriding objectives of Islam.

How do Muslim states deploy the death penalty differently?

• Muslim states deploy the death penalty differently, reflecting their policies and traditional beliefs.

• For instance: Pakistan has 33 offences warranting the death penalty, including blasphemy, sabotage of the railway system, and drug smuggling.

What is weakness of the death penalty in terms of who they target and what they are used for?

• Unfortunately evidence suggests that the death penalty disproportionately targets religious minorities in some Muslim countries and is sometimes used for political agendas.

What is said about the highest numbers of executions in the world, what are some opposing views from Islamic countries?

• Most Islamic countries carry out the death penalty and some of the highest numbers of executions in the world are carried out by Saudi Arabia and Iran, whereas countries like Albania and Bosnia do not use the death penalty.

What is there a growing movement towards in terms of the death penalty?

• While traditional Islamic views accept capital punishment, there’s a growing movement toward abolitionism.

Which Muslims reject the death penalty and why?

• Reformist Muslims reject the death penalty and regard it as irrelevant for today.

• They see the death penalty as against human rights, a form of violence which adds nothing good to society.

• A true interpretation of Islamic ethical principles would be to focus on forgiveness, peace-making and reconciliation.

Who is Naima Asif, what is she an adocate for?

What has she been involved in?

What is a notable case, what did this lead to?

• Naima Asif is a barrister and a strong advocate against the death penalty.

• She has been involved in several high-profile cases where she successfully argued for the resentencing of death sentences to life imprisonment.

• One notable case is State V Farman, where she acted as sole counsel in the Lahore High Court, leading to the potential for judicial review and reform in capital punishment cases and sparked critical conversations about the ethical and legal implication of capital punishment.

What critical issues did the case highlight? - Naima Asif

• The case highlighted several critical issues, including the need for fair trials and the protection of vulnerable individuals who might be unjustly sentenced to death.

What is Naima committed to?

• Naimas work extends beyond individual cases.

• She is deeply committed to human rights and social justice issues, often focusing on protecting the rights of vulnerable and marginalised individuals.

• Her involvement in capital cases before senior courts in Pakistan highlights her dedication to this cause.

Who is Ash-Sharabasi, what does he argue aboout the death penalty? + quote

• The Egyptian scholar Ash-Sharabasi argues in favour of the death penalty.

• He argues that it is a form of self defence, and says just like an individual fights an attacker, society should fight back against criminals especially murderers.

• ‘‘A murderer deserves the death penalty because he has trespassed against the whole society by killing one of its members’’

What does Ash-Sharabasi beleive about the role of the death penatly?

• He feels there is a role for the death penalty.

• Crimes against God and God’s law are more important than human life itself and the degree of severity of the crime is reflected in the punishment.

What does Ash Sharabasi argue about the death penalty despite Islam encouragig peace and forgiveness?

• Sheikh Ahmad Ash-Sharabasi argues that whilst Islam encourages peace and forgiveness, it also categorised certain crimes and therefore, the death penalty protects society from further violence, revenge and taking the law into your own hands.

• His argument is that where the Quran and Sunnah refer to the death penalty, this is a perfect model for Muslims throughout the generations to follow.

• While he supports the death penalty as a legitimate form of self-defence by the state, he also emphasises the importance of adhering to due process and ensuring justice, mercy, and repentance.

What did James Rachels look into, what did he argue?

• Rachels looked into different opinions about punishment including, an eye for an eye approach makes the punishers no better than the criminal since they are agreeing with the action they carried out.

• He argues that the death penalty should not be placed in simplistic retributive reasoning alone.

What else did Rachel look at, what did he conclude?

• Rachels also looked at different reasons/theories of punishment (retribution, vengeance creates more suffering, act as a deterrent, rehabilitation) and concluded all the theories are utilitarian in nature i.e. they focus on, do punishments work for the good of society?

What conclusion does Rachels make, how does this contrast with Muslim belief?

• Despite his reservations, Rachels arrived at the conclusion that there is a case for the death penalty and that can be justified on utilitarian grounds as a way of protecting society.

• This contrasts with Muslim beliefs that consider the revealed truth of the Quran to be the most important justification for punishment, regardless of whether it works or not.