Because…
– from the Qur’an and the Prophet’s explanations
No, because the punishment system of Islam is not Islam, but a part of its systems by which it manages people’s lives.
Islam came as a complete set of solutions – Islam is not just a collection of rules about punishments.
So if you were to judge the punishment system alone, you would naturally judge it for its harshness. That is the purpose of a punishment system – to act as a preventative measure. But the punishment system is not the primary solution Islam offers for your problems.
Judge it for the role it’s required to do
So the real question is, does the punishment system of Islam do its job? Does it prevent crimes – and if so, then it is actually implemented little because of its effectiveness.
Allah (s) knows the way our hearts and minds work and He motivates us with both warnings and good news. Note how Allah (s) mentions the following punishment as a deterrent.
‘Now as for the man who steals and the woman who steals, cut off the hand of either of them in requital for what they have wrought, as a deterrent ordained by God: for God is almighty, wise.’ [5:38]
And then Allah (s) reminds us of the good news, one of which is that the Prophet (s) was sent with the Islamic legal code as a source of mercy to the world– not as a source of pain.
‘And we have not sent you except as a mercy to mankind.’ (21:107)
The punishment system is the rule of law with a comprehensive system of checks and balances
The judge must be the one to ensure that no one is punished for a crime in which there could be any doubt. A person is treated as innocent until they’re proven to be absolutely guilty.
And here is a list of only some of the conditions that are connected with the law punishing the thief. The thief is:
- responsible, sane and mature
- not the parent, child, husband, wife of the owner of the stolen property
- can’t be someone who might have a claim on the property
- not accused of stealing an unlawful object like alcohol
- accused of stealing something worth at least one quarter of a dinar = 1.0625g of gold
- said to have stolen something from a protected place
- free from compulsion, or desperate need during the event
(Minhaj ul-Muslim volume 2 p.514)
The role of set punishments
The punishments of Allah which were specified are called hudood. This is how they were described by Abu’l-Hasan al-Mawardi, a judge from the Abbasid Caliphate. (Ahkam Sultaaniya – p312)
‘The hadd punishments are restraints imposed by Allah to prevent people committing what He has forbidden, or from abandoning what He has commanded them to do. This is because of what is contained in man’s nature, which allows him to be dominated by pleasurable desires, and to forget the Next World for the sake of immediate gratification.
‘Thus Allah has imposed these restraints to protect the ignorant from the torment, punishment and shame attached to such crimes, so that he is prevented from engaging in what He has forbidden, and so that what He has ordered is obeyed: from this ensues a benefit of the greatest significance which ensures that each carries out his responsibilities in the most complete manner.
‘Allah has said ‘I have not sent you but as a mercy to all the world’ 21-107 that is, in order to save them from ignorance, and to guide them away from error, and to prevent them form acts of disobedience, and to urge them to obedience.’
Because…
– from a rational point of view
Ask yourself how you happen to know about one of the rules, in one of the set of legal systems, that together are known as Sharia law?
The negative spin you might have as your perception of Islamic law is not really an accident.
It’s a little like saying the only thing India has to offer is hot madras curries and forget that there are some 18 officially recognised languages and newspapers in 90 or more languages catering to more than a billion people living there.
The world is not so black and white, and Islam is not just a few harsh rules about punishment.
What is the role of a punishment system?
If the role of a punishment system is to prevent crime and establish stability and peace, then Islam is able to do just that.
Punishment systems are designed to do just this, consider the brutality putting someone in a cage for the rest of their lives – jail.
The role of Islam’s rules, all put together, is to motivate to do good and help society progress.
Don’t be turned off by a productive punishment system, because if it’s productive it promotes peace and progress, and therefore the less it’s implemented.
Look at the current punishment system and then think how much you spend on your car insurance…because it might be stolen, broken into – or perhaps your bank might run away with your money.
Islam is the rule of law, not the rule of fear
Sometimes it’s easy to forget that Islam’s legal system is one based on the rule of law, with an independent judiciary, accountable rulers, innocence till proven guilty, rights for all citizens irrespective of their creed, culture or colour.
Islam, like any other package, only works when it’s together.
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