I have also taken some material from Dr. Zakir Naik’s book “Answers to the Non-Muslims’ Common Questions about Islam” (the entire book which is 49 pages long can be downloaded from www.irf.net).
The System of Punishments in Islam
All crimes bring about inconvenience to humans in one way or the other; so Shariah (Islamic Law) prescribes punishments for the pain and hassle caused. In addition, Allah’s (God’s) disobedience takes place; hence, an offense has two aspects: it either violates both the rights of human beings and Allah or just Allah’s rights.
Before we go into the logic of punishments in Islam, it is important to understand the categories of law under which these sentences are carried out. There are three main categories under which a Qadhi (Judge) can convict a person for a crime and then the penalty for that felony takes place: Tazeer, Hudood and Qisaas.
Tazeer
Where there is no prescribed punishment in the Shariah, it is left upon the government and the Qadhi (Judge) to impose appropriate penalty (Tazeer) for that crime. Tazeer can change with time, place and circumstances. For example, in 19th century it may not be a big deal to jaywalk, but in this day and age where circumstances have changed, a government can impose a certain penalty for jaywalking (e.g. community service).
The chapter of Tazeer is vast, and hence Shariah has given a lot of power to the Qadhi. Though, the government can put restrictions on the Qadhi’s authority: for example, state can say that for a certain crime a Judge cannot imprison a person for more than a certain period. So it is left upon the Judge whether to implement the maximum punishment or not. Also, a government can prescribe a lenient or stern Tazeer (even death according to some Jurists) to deter people from carrying out that crime (if a certain offense at that particular time is on the rise).
Hudood
In certain crimes where violation of Allah’s rights is more than the human beings, a Hadd (the plural for Hadd is Hudood) is carried out. On the other hand, where individual rights take precedence, the crime comes under Qisaas (which will be discussed later).
In case of Tazeer, a government or Judge can pardon the criminal or accept a recommendation on a person’s behalf (and reduce sentence), but this is not the situation in Hudood.
There are five types of crimes for which Hudood are carried out: Robbery, Theft, Zina (fornication or adultery), Slandering of a chaste person and Drinking of intoxicants.
Four reliable witnesses will be required to carry out the punishment for Zina. If a person slanders a chaste women (e.g. saying her character is doubtful) he must provide 4 witnesses otherwise, he will himself be punished.
It is also important to note that a Hadd will not take place if there is any doubt whatsoever whether that person committed a particular crime or not (in that instance a tazeer will take effect). Hence, Hadd is no small matter and the advantage of doubt goes to the party or person accused.
Another point to be noted is that the second Caliph of Islam Umar (may Allah be pleased with him) temporarily cancelled Hadd for theft because of the drought. This proves that if the government cannot provide for the basic necessities of public (or certain pre-requisites are not fulfilled), Hudood will not be implemented for those crimes.
The sentence for robbery in Quran is in the verse of Surah Maidah: “The punishment of those who wage war against Allah and His Messenger, and strive with might and main for mischief through the land is: execution, or crucifixion, or the cutting off of hands and feet from opposite sides, or exile from the land: that is their disgrace in this world, and a heavy punishment is theirs in the Hereafter Except for those who repent before they fall into your power: in that case, know that Allah is Oft-forgiving, Most Merciful.” [Al Quran 5:33-34] Some Fuqaha (Jurists) are of the opinion that any one of these punishments can be given, others believe that the judgement will depend upon the circumstances (details can be found in the books of Jurisprudence).
The penalty for a thief is prescribed in the Quran. The Glorious Quran says in Surah Maidah: “As to the thief, male or female, cut off his or her hands: a punishment by way of example, from Allah, for their crime: and Allah is Exalted in power, full of wisdom.” [Al-Quran 5:38]
There are certain conditions for which this Hadd is to be carried out: if someone takes away something (a minimum of around 33 grams of silver’s worth) from a safe place without permission, secretly, then Hadd will be applied. Also, the stolen possessions should be someone’s private goods. In addition, there should be no share of the thief in the stolen goods whatsoever: for example, if a son steals from his father (there is some right of the son in that wealth and after the death of his father when inheritance will be divided son will get some part of that wealth) or a person steals from public property, say a chair from a public park (the person has some right on that chair even though it may be minute e.g. 0.0001%), in these cases, Hadd will not apply. In the above mentioned instances Tazeer will take place.
In the instance of Zina (fornication or Adultery) if a person is not married Allah has prescribed the punishment in Surah Noor: Allah says “The woman and the man guilty of adultery or fornication, - flog each of them with a hundred stripes: Let not compassion move you in their case, in a matter prescribed by Allah, if ye believe in Allah and the Last Day: and let a party of the Believers witness their punishment” [Al-Quran 24:2] and if that person is married he or she will be stoned to death provided there are four witnesses for that crime.
If someone Slanders a chaste person and cannot provide witnesses he or she will get the punishment as mentioned in Quran in Surah Noor: Allah says “And those who launch a charge against chaste women, and produce not four witnesses (to support their allegations),- flog them with eighty stripes; and reject their evidence ever after: for such men are wicked transgressors Unless they repent thereafter and mend (their conduct); for Allah is Oft- Forgiving, Most Merciful" [Al-Quran 24:4-5]
Lastly, if somebody is found guilty of being intoxicated he or she will be flogged with 80 lashes.
How to implement a Hadd
Firstly, it should be carried out in public. The hand will be chopped from the wrist and the foot from the ankle.
There are certain conditions for flogging with a whip. The clothes of that person will not be removed (if they are very thick there is some leeway). The notion which exists about whipping among the masses (that a well built barbaric person lashes as hard as he can) is false. The prophet Muhammad (peace be upon him) used to implement Hudood through very knowledgeable Fuqahah (Jurists) Sahaba (companions of the prophet): Umar, Ali and Abdullah ibn Masood (may Allah be pleased with them).
According to the narrations of Abdullah ibn Masood (may Allah be pleased with him), a person cannot be whipped at the same spot all the time. The person who is carrying out the flogging should keep his upper part of the arm (shoulder to elbow) in contact with his body. After applying the stroke he must not pull the whip but raise it. The whip should not be too hard or too soft.
When these conditions are fulfilled the criminal feels the pain, but there are no wounds on his body, and he also feels embarrassed as the beating is carried out in the public.
Qisaas
The principle of Qisaas is explained by Allah in the verse of Surah Maidah: And We ordained for them therein a life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and for wounds is legal retribution. But whoever gives [up his right as] charity, it is an expiation for him. And whoever does not judge by what Allah has revealed – then it is those who are the wrongdoers [Al-Quran 5:45]. In Qisaas, the principle of life for life and injury for injury (same injury will be inflicted on the offender) will apply. If the victim or victim’s family (in case of murder) forgives the defendant, a compensation will be paid by the criminal (details can be found in books of Jurisprudence). The convict will not go free (otherwise he may commit the same crime again) and a Tazeer will be applied.
Logic of Hudood
One of the biggest objection on Islam is that the system of punishments in Islamic law is barbaric. According to the protesters, there is no need for stoning, chopping of hands or whipping, and that these penalties are old fashioned and out of date, hence, Muslims should leave them in these modern times.
Some Muslims, who are influenced by western thinking, also agree with the west’s objections and they suggest that we should keep Islam limited only to beliefs and worship, and when it comes to the matter of courts, secular law should take effect.
There are other Muslims who listen to these objections and keep quiet because they do not have any answer for the points raised, and therefore a doubt remains in their minds, although they do not doubt in the authenticity of Islam. But still they want answers to these questions in order to remove their doubt.
We start by saying that why is there existence of sins in the world, and why a person commits a sin? And what is a sin? Sin in Islam is breaking of a commandment of God: the bigger the breach of a directive the bigger the offense. So why does one violates an order from God? Is it because the person has no money or means to earn a living? Is it because of hunger that a person robs or steals or a woman is forced into prostitution?
In a society where there is unjust distribution of wealth and because of that there is hunger and poverty, this can cause someone to commit a sin. The Shariah (as mentioned earlier) will not implement Hudood (for robbery, theft and fornication and adultery) under these circumstances.
Wherever in the world (Islamic country or a western country) basic needs of people are not fulfilled crimes will take place. So what are the basic needs of a person? In Islam (from the narrations of Muaaz may Allah be pleased with him) the Prophet (peace be upon him) told us that the basic needs consist of a place to stay, clothes, a bed to sleep in, utensils for eating and drinking, transport (if not private then public transport provided by the government), instruments from which one earns their living (in the instance where a person is self employed, if not self employed then a job to earn a living) and a slave (this won’t be applicable in this day and age).
When administration of a country fulfills these necessities, what right a person has to commit a crime and disturb the peace of the society.
On the other hand, if wealth is more than the basic needs, is it a cause of crime? Sometimes it does, for example, a person did not drink alcohol because after expenses he did not have any savings left, but as soon as he starts to earn more he goes to a bottle shop and purchases a bottle of wine for himself. Hence, sometimes increase in wealth can take a person towards sin. That is why wealth either too little or too much can cause one to disobey God.
What else can be a cause of sin? At times, occupation (the power and authority which comes with it) becomes a cause of sin. Occupation is similar to wealth in the sense if there are no jobs in the society then crimes will increase. You can put this in the category of occupation or wealth it is up to you. The other side of occupation or authority is that it brings oppression (either on a smaller level or a larger scale) with itself. Only those who are proper human beings (who are God fearing and morally not corrupted) can stay away from tyranny, otherwise the rule of thumb is that the more power a person has the bigger his oppression will become. For example, when someone was the governor of the state he did not commit much oppression, but as soon as he becomes the president of the country, his cruelty increases many folds. The amount of oppression is also dependant upon the haughtiness of a person and that is why Quran, in many places, has combined tyranny with arrogance (kibr). The purpose of Islamic teachings is to create people who will stay on the right path and do not get affected by wealth and power (many examples of these people can be found in the history, especially among the companions of the prophet Muhammad peace be upon him).
So wealth and occupation are causes of sin.
When a government wants to stop crimes in a state, what are the things the people of that country should be protected from or should protect? Will certain things get more protection than others? If a woman drops a ring worth $3 at her friend’s place, she may not worry about it, but if it is valued at $1000 then, without any doubt, she will do her best to get the ring back. This means that certain things require more protection than others, and certain articles require little or no safeguarding at all.
Which things need to be protected in a society is the million dollar question where Islam and west clash and disagree.
When it comes to the protection of wealth, Islam is slightly lenient than the west. If a son steals from his father in a western country the consequences can be dire, but in an Islamic state it will not be that big a deal, since the son has some right to that wealth and later after the death of the father some of that money is going to come the son’s way. Therefore, west, in certain instances, is stricter than Islam when it comes to the protection of wealth.
But when it comes to punishments, Islam is stricter. Islam asks the question that what right a person has to steal someone’s wealth (whether someone commits a fraud because he abuses his power and authority, or an ordinary person wants to increase his possessions, or it is just pure arrogance that why a certain person has more wealth than I have; because I am the head of a tribe or I have more power or prestigious occupation so I should have more wealth) after his basic necessities are being fulfilled? Islam says that first the money should be returned to its owner, and then we should stick such a humiliation with that person for the rest of his life (i.e. chopping off his hand) that not only that person but his generations to come will remember that their father, grandfather or great grandfather was a crook and they will think seriously before deciding to steal from someone else. They will never be proud of their criminal ancestor no matter how prestigious an occupation that person had or how arrogant or powerful that person was, and they will think twice before stealing just because of their power, authority and arrogance (and they will not think of themselves as superiors to others and on those basis take away others’ money). The society will remember for generations to come that certain family had an ancestor whose hand was chopped off, and it will act as a great deterrent no matter how much power, authority or prestige that family achieves later in their lives; and they will think again and again before stealing purely based on the occupation. If we only give the offender a minor punishment or just take away the stolen money from him, he or someone in the generations to come might again commit the same offense. I am asking you the question when a public execution will be carried out and whenever that criminal walks in that society without a hand (which will act as reminder to others) will theft and robbery increase, stay the same or decrease in that society?
The second thing that needs protection is self-esteem. Islam stresses it a great deal more than the west. Even the self-esteem of child is significant in Islam. For example, if a father embarrasses his daughter in front of her friends, then Islam says that the parent will be answerable to God on the day of judgement. Children are not possessions of the parents but rather they are like a trust. Islam teaches that self-esteem is of such importance that no one has the right even to verbally swear, abuse or insult a person (no matter how tiny the abuse). On the contrary, in the west it may be considered insignificant (for example, if someone calls a woman a “slut”).
So no one is permitted to play with someone’s self-esteem on the basis of wealth, authority, power or haughtiness. Therefore, no one can utter a sentence which will make others feel insulted. At the time of the rightly guided caliphs, people could take those to court who in some way have made them feel inferior or bad because of misuse of their tongue. For this reason, any slander especially a remark made to degrade a chaste women (e.g. saying her character is doubtful or she is a slut) or a chaste man is prohibited, because such a remark from an authoritative figure can ruin life of someone in the society or at least cause psychological stress (e.g. depression), and thus the life of that person is affected.
Hurting someone’s feelings is a big sin in Islam, and anyone who slanders a chaste person and does not provide evidence for their remarks will be punished severely under Islamic law. Ideally everyone will be safe from the tongue of others in a true Islamic society.
Islam is extremely sensitive on this issue and preaches that there is no reason why one utters a remark which can cause sleepless nights for others, and it affects their performance at the work place. Even today in certain tribes, the leader of the tribe can print in the newspaper that certain woman’s character is not good, and then that woman’s life is ruined. West in this regard recognises that no one should be verbally abused, but it does not go all the way as Islam does in uprooting this vice from the society.
The third thing which needs protection in Islam is religion. West is of the opinion that it does not matter whatever your beliefs are, and you can change them if you wish. Islam stresses that if you do not protect the religion of a person, on what grounds are you going to ensure the protection of good conduct, morals and ethics of a society. If religion is gone from someone’s life, then what force is there to tie up a person so that his morals and ethics remain intact, and that he will not lie, cheat or be dishonest or will not abuse his authority? What influence is there to prevent a person from doing all of the above mentioned things if he thinks that he can get away with it?
If you think that a law of a country will make sure of that, well what happens if the grip of the law becomes weak (it is the case in the third world countries in these times) who will prevent a person from breaking the law (whether it is breaking a traffic signal or swindling millions from a company) if he thinks he can get away with it. Religion is the only force which will prevent someone from committing a sin or a crime whether he is alone or in public or he thinks he won’t be caught by the authorities.
Nehru, a former Prime Minister of India, used to say that I am a communist (and do not believe in religion) and I also want people of India to have the highest moral standards. But there is no way other than religion to guarantee the highest moral character in a nation.
Fear of God in someone’s mind is a great deterrent against sins and a person who is a practicing Muslim will not indulge himself in immoral acts even if he thinks no one is watching and that he will never get caught. If you do not guard religion of a person you will create a society in which sooner or later people will engage in acts which will be harmful to themselves and to the society as a whole. For this reason, Islam lays great significance on the protection of religion and anyone who renegades from Islam will be severely punished (in Islam there is no compulsion to become a Muslim but if someone wants to become a Muslim then that person enters into a contract with the Islamic state that he will not leave Islam).
Someone might say well why Islam and why not the protection of any other religion? Well then I have to start a whole new topic of discussion. To keep things concise, we must recognize that all the major religions of the world have their basis on revelation from God (Islam, Christianity, Judaism, Hinduism etc). The Muslims ask the question well whose revelation is protected in its original language? No other religion can claim that their manuscripts are the same as the day they were revealed. Even the languages in which they were revealed have been lost in majority of the cases. If the revelation is protected in its original form then the religion is protected in its original form, otherwise the true teachings of that religion are lost. It is only Quran which is still in its original state and no one can prove that a single word has been changed since it was revealed to Prophet Muhammad (peace be upon him). Not only the original text is the same, but Arabic is a living language as well. So the final edition of revelation from God, according to the Muslims, is Quran, and that is why God will protect it from corruption until the day of Judgement.
For a detailed answer to the question "Do you really kill people if they leave Islam?" please visit http://www.islamnewsroom.com/content/view/92/26/
The fourth thing which needs to be protected in Islam is Lineage. If the family-line is not safeguarded and people do not know who is the father of whom and who is the son of whom, then in that society the number illegitimate children (children born out of wedlock) will rise to a great extent. Who will then be responsible for the proper upbringing (raising children with good moral values) and who will be responsible for the children financially? If you say the mother, well then she will have to work and will never be able to devote her time needed for appropriate upbringing. If you say that the state will look after those children financially, well what happens if the government goes bankrupt or financially weak?
Moreover, Psychologists tell us that children who do not know their parents, especially their father undergo severe mental trauma and disturbances. Often they have an unhappy childhood. It is for this reason that the children of prostitutes do not have a healthy childhood.
Another evil which rises in some countries because of this is fighting (especially among teenagers and even adults) for girlfriends. In some instances, even murder takes place. Along with that, adultery is one of the reasons for divorce rates being on the rise.
In the west you can see teenage girls carrying their children born out of wedlock, and these young girls are solely responsible for them. This also gives rise to abortion and many lives are lost just because west does not care whether a child is born out of wedlock or not.
I do not want to go into the details of the evils of sexually transmitted diseases (such as AIDS, Herpes, Genital Warts etc…) which until 100 years ago were unheard of. Just because of sex out of marriage is on the rise, so are the sexually transmitted infections. If I start writing just on the evils of STD’s, then a whole new article will need to be written (please read the article "Sexually Transmitted Diseases" on this website to get the complete picture).
Those of us who come through a proper family system can imagine what it would be like if we were raised without a father. People who have done some good in the society on a large scale, 99% of them come through a proper family system. And those who were born out of wedlock, not many of them are recognised by the nation for their achievements.
So how can west deny that protection of lineage is not necessary, and those of us who live in the west know that the western governments encourage people to marry and raise a family. Anyway, Islam in this regard lays great stress, and thus discourages any sexual relations out of matrimony.
The fifth thing which Islam stresses on being protected is intelligence. Islam does not permit that any drugs or intoxicants be used in the society which influences the intelligence either temporarily or permanently. West also believes in the protection of intelligence, but it is partial. That is why drink driving is prohibited, there are age limits and certain places are dry (alcohol-free). However, west says that you can lose your intelligence temporarily at a pub or at your own home, while Islam preaches that a person should be in control of their intelligence for the whole time. The reason being that attaining of heaven and hell is based on intelligence; as Allah says in Surah Mulk “They will further say: "Had we but listened or used our intelligence, we should not (now) be among the Companions of the Blazing Fire [Al-Quran 67:10]
Alcohol has been the scourge of human society since time immemorial. It continues to cost countless human lives, and causes terrible misery to millions throughout the world. Alcohol is the root cause of several problems facing society. The statistics of soaring crime rates, increasing instances of mental illnesses and millions of broken homes throughout the world bear mute testimony to the destructive power of alcohol.
The human beings possess an inhibitory centre in their brains. This inhibitory centre prevents the person from doing things that he considers wrong. For instance a person does not normally use abusive language while addressing his parents or elders. If he has to answer the call of nature, his inhibitory centre will prevent him from doing so in public. Therefore he uses the toilet. When a person consumes alcohol, the inhibitory centre itself is inhibited. That is precisely the reason that an inebriated person is often found to be indulging in behaviour that is completely uncharacteristic of him. For instance, the intoxicated person is found to use abusive and foul language and does not realise his mistake even if he is addressing his parents. Many even urinate in their clothes. Neither do they talk nor walk properly. They even misbehave.
According to National Crime Victimisation Survey Bureau of Justice (U.S. Department of Justice) in the year 1996 alone everyday on an average 2,713 rapes took place. The statistics tell us that the majority of the rapists were intoxicated while committing the crime. The same is true in cases of molestation.
According to statistics, 8% of Americans commit incest i.e. one in every twelve to thirteen persons in America is involved in incest. Almost all the cases of incest are due to intoxication of one or both the persons involved. One of the major factors associated with the spread of AIDS, the most dreaded disease, is alcoholism.
Due to these vices, Islam prohibits consumption of intoxicants and anyone found guilty of drinking alcohol is penalised severely.
So after wealth, self-esteem, religion, lineage and intelligence are protected, and still there is crime in the society, it could be related to the unjust distribution of wealth. Islam has provided a complete economic system which ensures just and fair distribution of wealth, and thus it eradicates poverty from the society. If crime is because of authority, Islam provides a person with morals and ethics and makes the person a proper human being.
Well you might say why is that Muslim countries are among the poorest and morally corrupt in world? This is a fair question and those of us who have some knowledge of Islam know that majority of Muslims have left the teachings of Islam. They are Muslims because their parents were Muslims, otherwise their lives are totally devoid of Islam. That is why Muslim countries are suffering the disastrous consequences in this era. History bears testimony that when Muslim majority was following the teachings of Islam, they were not only financially sound but also peace and harmony existed in their societies. If Muslims are again to rise as a nation, the only solution for them is Islam, otherwise majority of them will have to keep on living the life of misery.
I would also like you to read the article "Making Pakistan Safe for Rapists" by visiting the following website: http://www.albalagh.net/women/0096.shtml
May Allah guide us to all to the straight path.
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