Death Penalty in the Islamic Sharia

Death Penalty in the Islamic Sharia

Introduction

"And if anyone kills a person - unless it be for murder or for spreading mischief in the land - it would be as if he killed all people. And if anyone saves a life, it would be as if he saved the life of all people" (Qur'an 5:32). Islam is the name for the faith and the community of Muslims around the world who are adherents of the teachings of the Qur'an as revealed to Prophet Muhammad. It is the second largest religion in the world after Christianity. The word Islam is based on the Arabic root “s-l-m”. These consonants form the verbal noun Islam connoting both peace and submission. One of the Islamic names of Heaven is Dar al-Salaam, meaning “House of Peace”. The word Muslim, an active participle using the same root consonants, means “one who surrenders or submits” and “one who enters a state of peace.” Islam describes the relationship between humans and one all-knowing God as well as the relationship between God and Creation. While history dates Islam as originating in Arabia in 610 CE at the time of the revelation of the Qur'an to Prophet Muhammad, Muslims believe their religion to be the completed and universal version of a primordial and monotheistic faith revealed many times before from the first person to be created, Adam, who is also regarded as a Prophet, to Muhammad, considered by Muslims to be the Last of the Prophets. The Qur'an and the Hadith also comprise Shari'a (lit. “path” or “way”) or Islamic law, prescribing Muslim behavior in every aspect of life and social relations, from private matters between the individual and God to relationships with others from the family or the widest community.The Shari'a contains categories and subjects of Islamic law called the branches of fiqha (lit. “understanding”), including, but not limited to, inheritance, commerce, property law, worship, family relations, civil (tort) law, criminal law, administration, taxation, governance, international relations, and the laws of war and ethics.

Discussion

Islam and Death Penalties

Islam makes use of, where possible, punishments that are lenient than death penalties. Islam specifies severe conditions that put off arbitrary administration of any punishment, regardless of how lenient it is, so as to attain relative Celestial Justice in life as compare to the Absolute Celestial Justice in the afterlife. Sharia emphasizes on averting penalties also known as “Hudud“ if doubts or suspicions come up. According to the Prophet Mohammed, “Avert the penalties or sentences if suspicions crop up.” Here suspicion stands for any offense or wrong deed that cannot be proved hundred percent, so to speak, penalties ought to be averted. This is the objective and point of Sharia. Unluckily, at times this purpose is not understood properly yet by a few Islamic legislators or lawmakers, who take this regulation too far, in a manner that brings about wobbly application of Sharia.

“Suspicion” denotes the existence of deficit in absolute conviction. If suspicion crops up, the penalty fixed for a ...