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 The religion of Islam includes a basic set of rules designed to
protect the rights and freedoms of individuals and communities. It is a
doctrine concerned with respect, tolerance, justice, and equality. The Islamic
concepts of freedom and human rights are imbedded in and guaranteed by the
Sharia (Islamic Law). Islam establishes a legal framework, and embodies a code
of ethics, designed to protect the rights of an individual including his or her
right to live in a secure community.
Prophet Muhammad said, “Whosoever wakes up (in the
morning) feeling that he is secure in his community, free from ailments and
diseases in his body, and has enough provision for a single day, it is as if he
owns the entire world.”
The Sharia is concerned with preserving five basic
rights: the right to practice religion, the protection of life, the
safeguarding of the mind or intellect, the preservation of honour and family,
and the sanctity of wealth and property. It is a moral and ethical base in
which individual rights are upheld but not permitted to overshadow the rights
of the community.
Islamic law contains comprehensive principles and
general rules that take into consideration the changing circumstances of
society, as well as the constancy and permanence of human nature. While
the Sharia combines stability, flexibility, and firmness, it has set down
immutable punishments for certain crimes, that are not affected by changing
conditions and circumstances. One of these punishments is the death penalty.
There are only two categories of crimes for which the
death penalty can be applied under Sharia law. One is murder and the other is
for crimes against the community (sometimes known as spreading mischief). One
of the core principles of Islam is that a cohesive and secure community is
absolutely paramount. Crimes that threaten the community include treason,
apostasy (when one leaves the religion of Islam and actively turns against it),
, piracy, rape, adultery, practising magic and homosexual activity.
“We ordained ...that if anyone killed a person not in
retaliation of murder, or (and) to spread mischief in the land - it would be as
if he killed all mankind, and if anyone saved a life, it would be as if he
saved the life of all mankind.” (Quran 5:32)
One of the most grave sins is the intentional taking of
a life. When Prophet Muhammad, may the mercy and blessings of God be upon him,
was asked what the major sins were, he said, “Associating others with God,
disobeying one’s parents, murder and bearing false witness.” God says,
“And whoever kills a believer intentionally, his recompense is
Hell to abide therein; and the Wrath and the Curse of God are upon him, and a
great punishment is prepared for him” (Quran 4:93)
It is important to understand that there is no place for
vigilantism in Islam. A person accused of a crime must be properly convicted
in an Islamic court of law before any punishment can be meted out. In the
case of the death penalty the severity of the punishment requires that very
strict evidence standards must be met before a conviction is found.
There are three categories of punishment in the Sharia. Hadd
punishments, for crimes against the community are those that are divinely
prescribed in the Quran or the authentic traditions of Prophet Muhammad. They cannot
be changed. These punishments can only be carried out by a Muslim ruler or his
deputy. It is not permissible for individual Muslims to carry out the hadd
punishments (which sometimes include the death penalty) because of the chaos
and tribulation it would cause in the community.
The second form of punishment, specifically for murder
or serious assault, is called Qisas. Whenever a person causes physical
harm or death to another, the injured or family of the deceased has the right
to retaliation. A unique aspect of Qisas, is that the victim’s family has the
option to insist upon the punishment, accept monetary recompense, or forgive
the offender, which could even avert the death penalty. Quran urges
families and victims to forgive and show mercy even in the direst of
circumstances.
“And there is (a saving of) life for you in Al-Qisas (the Law
of Equality in punishment), Oh men of understanding, that you may become pious.”
(Quran 2:179)
All other crimes fall into the third category, Tazir,
which is a discretionary punishment decided by the court.
God sent down His book of guidance the Quran, He gave
humankind Islam, the final message and completion of all religions, He sent
Prophet Muhammad, a man capable of leading humankind into a new era of
tolerance, respect, and justice. The words of Quran and the authentic
traditions of Prophet Muhammad contain rights and responsibilities granted by
God to humankind. They are not subject to the whims and desires of men and women
or the changing allegiances of governments and corporations.
Islamic law, the Sharia, God’s laws are embed with justice,
mercy and forgiveness; it does not involve taking human life unnecessarily.
“We sent our messengers with clear signs and sent down with
them the Book and the Balance so that men may conduct themselves with justice.”
(Quran 57:25)
“O you who believe, be upholders of justice, witnessing for
God alone.” (Quran 4:135)
Even on the rare occasions when the death penalty is called
for it is carried out under humane conditions and holds the promise of
forgiveness and eternal paradise. Prophet Muhammad said, “Swear
allegiance to me that you will not worship anything besides God, Will not
steal, and will not commit illegal sexual intercourse.” And then (the Prophet)
recited from the Quran and added, “And whoever among you fulfils his pledge,
his reward is with God. Whoever commits something of such sins and receives
the legal punishment for it, that will be considered as the expiation for that
sin. Whoever commits something of such sins and God screens him, it is up to God
whether to excuse or punish him.”
Postscript. It must be noted that
individuals, groups and countries have perpetrated great crimes in the name of
Islam and in the name of Sharia law. Men women and children have been condemned
to death without the benefit of the strict evidence standards demanded by the
Sharia and without the sense of justice and forgiveness that are characteristic
of the teachings of Quran and the authentic traditions of Prophet Muhammad.
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