FAQ: Crime And Punishment Sunday, February 12, 2012

CRIME AND PUNISHMENT

79. What happens to a Muslim who does not follow one of the pillars?

We believe that acts of worship should be done for the sake of God and that God alone will judge each person according to his or her intentions and actions.

80. What is the Islamic view on punishments such as the death penalty, stoning, or cutting off someone’s hands?

Mandatory criminal penalties are basic to any penal code. Like other criminal systems, Islamic jurisprudence does prescribe certain punishments in certain situations, but any criminal judgement must be carried out by a state authority, as Islam does not allow vigilantism. Furthermore, most of these punishments were meant to act as deterrents, and, in practice, the most severe punishments were rarely carried out.

For instance, the punishment of stoning for adultery requires the testimony of four eyewitnesses—a virtually impossible condition. Capital punishment for manslaughter could be avoided if the victim’s family agreed to monetary compensation for their loss—a normal practice in the society of the time.

These punishments are very similar to those found in the Hebrew Bible, which, like the Qur’an, spoke to social conditions and attitudes vastly different from those of later times and different places. Jews today, even the most strictly Orthodox, do not practice these punishments, and Christians generally regard them as superseded by the ethic of Jesus.

Today, most Muslim-majority countries do not practice these punishments, and where they are practiced, such as under the Taliban or ISIS, the required due process that makes many of these punishments nearly impossible to enforce is not followed, which is why many scholars have condemned their use.

81. Does Islam encourage honor killings?

No, “honor killings”—which refer to violence, generally against girls or women, by one or more family members who believe the victim has brought dishonor upon the family—are prohibited by Islam on the basis of not just one but several principles. First, they violate the sanctity of life, which is considered sacrosanct; second, they fail to respect the right of due process for anyone accused of a crime; and, third, they contradict the principle that each individual is responsible for his or her own actions and that no individual or family member should be held responsible for the behavior of another. In fact, the Qur’an specifically prohibits even speaking ill of a woman without the testimony of four witnesses and calls for the punishment of one who does so without this virtually impossible requirement.

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