Crime and Punishment

Justice in Allah

• He is Al Adl

• Adalat in Shia

• Try to emulate God’s attributes

Justice in Qur’an

Says to always uphold justice

Justice in Prophet Muhammad

• Sets example for justice in Sunnah and Hadith

• Accompanied a man who was owed money

Justice in practices

Zakat - fairness in charity

Justice in Shariah

• Promotes justice

• Shows Muslims how to live as Allah intends

• Important for peace

Justice Teachings

• Appropriate consequences

• Born with an innate sense of justice

• Always try to put things right

• Do let personal interests/prejudices influence you

Causes of crime

• Socialisation

• Labelling theory / media stereotyping

• Lack of opportunity

• Subculture

Teachings on crime

• Allah expects fairness

• Cultivate justice

• Honour promises and allegiance to your country

• Keep away from distractions from God

• People will be judged and held accountable (Akhirah)

Muslim organisations

• Muslim Chaplains’ Association - resettlement, prevent reoffending, engage with wider community

• Mosaic - ex-offender mentoring programme

Types of crime

• Hudud - crimes against God, death penalty / fixed punishment

• Qisas - crimes against individuals, victims’ relatives choose punishment

• Tazir - crimes not in the Qur’an / Hadith / Sunnah, punishment left to qadi

Teachings on life

• God has a plan for you before you are born

• God gives free will

• Parents teach God’s guidance

• Everyone is born with a pure fitrah

Teachings on good and evil

• They are opposites

• Not inherent, depends on use and misuse

• Humans do not have a complete understanding of what is right and wrong - need laws

• Halal gets Allah’s grace and protection and Jannah

• Haram gets suffering in afterlife

Teachings on suffering

• Caused by people

• Must use given intelligence for good and achieve creation’s purpose

• People are responsible for how they act

• Some believe Allah causes disbelievers’ suffering

• Others believe it is caused by humans

Qisas

Law of retaliation

Deal with criminals justly - punishments in proportion to crime

Teachings on punishment

• Should serve the interests of the offender and society

• There must always be consequences

• Flexibility in punishment - situation ethics

• Forgiveness is possible with or without blood money

• Do not take vengeance

• Punishments in previous scriptures are imperfect

Importance of punishment

• Keeps peace and safety

• Balance punishment and mercy to create a better society

• Reformation / protection / retribution

Aims of punishment

• Retribution - justice for the victim

• Deterrence - keep society safe

• Protection - keep society safe

• Reformation - Allah forgives all sins, second chances

Importance of forgiveness

• Al Gafoor - emulate God’s qualities

  • Almost all Surahs begin with a prayer about his mercy

• Qur’an - if you forgive people then Allah is all-forgiving

• Prophet Muhammad forgave his persecutors

• Forbidden to harbour grudges / feelings of malice

Restorative justice

Repentance from the offender —>

Forgiveness from the family —>

Reconciliation and practical solutions

Treatment of criminals

• Basic rights - food / drink / clothing / shelter - act of charity

• Those who misuse free will should be dealt with harshly

• Torture is against Prophet Muhammad’s example

• Fair trial is important - carefully consider before judgement

Arguments for the death penalty

• Allowed for murder, apostasy and married adultery (Hadith)

• Evil deeds have equal punishments (Qur’an)

Arguments against the death penalty

• Cannot kill someone who bears testimony to Allah

• Prophet Muhammad was told he could not punish anyone for not listening to his message

Non-religious views of justice

• Know what behaviour to expect

• Protect the weak

• Keeps things organised

• Let people be rewarded for their work

Muslims: governments are not always fair / good examples

Non-religious views on suffering

• Suffering is caused by bad choices / behaviour / luck

  • Reduce people’s suffering

Muslims: natural tragedies show humanity’s ability to do good and relieve others’ pain, can’t blame God for pain caused by humans

Non-religious treatment of criminals

Some countries allow governments to torture for information

Non religious views on the death penalty

• Many do not support - cruel

• Situation ethics - practicality, case by case

Muslims: life is sacred but there must be consequences and justice, even if it means capital punishment - Qur’an allows but prefers to forgive