Islamic Penal System

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Security and stability are basic human needs, no less important than food and clothing. Without security and stability, a human being is not able to properly conduct his daily life, let alone come up with new ideas or contribute to the development of a high level of civilization.
The ultimate objective of Islamic law and its every legal injunction is to secure the welfare of humanity in this world and the next by establishing a righteous society. To build a civilization wherein every human being can live in a climate of peace, justice and security that allows a person to fulfill his every spiritual, intellectual, and material need and cultivate every aspect of his being.

Philosophy of punishment :
Sins or crimes can be divided into two categories. There are those things that remain an issue between a person and Almighty God, without affecting other human beings. Then there are those things that have a clear impact on other individuals, or on society as a whole that cannot be forgiven by repentance alone.

Object of Islamic Justice and Penal system :
Punishment has always played an integral part in the concept of justice. We all know or at least expect that if you do something wrong you are subject to punishment in some way or another. This is only fair. Humankind is charged with the responsibility for the choices they make. This is because they are created with the freedom of choice and granted the moral sense of right and wrong. Accordingly, one is not to be punished for the actions of others, or for acts done under duress or because of insanity. All people are equal and innocent until proven guilty: only then punishment is considered.

First of all, clearly it would be an injustice and lack of mercy to society as a whole if criminals were left alone to do as they wish. The rights of the criminals as human beings must of course be kept in mind, but cannot be allowed to outweigh the interests of the majority of people, or the well-being of the nation.

The object of all penal systems is to punish the offender and protect society from reoccurrence of the crime. Punishment serves as an educational purpose, as well as a form of crime deterrent and prevention and the system used must achieve this aim. However, if societies were to rely only upon their systems of punishment, they would fail miserably. An environment of healthy morality and faith must be the norm, where to do right is encouraged by all and to do wrong is discouraged and found difficult. In fact, encouraging right and forbidding wrong is a foremost duty in Islam.

Most penal systems in today's societies are based and dependent on the current social sentiment. In Islamic law, punishment is based upon divine revelation. There is no leeway for sentiment or possibility of change. These laws were established by the Creator who is Infinitely Wise and Merciful, who knows the true affairs of the world better than humankind. To seek justice without recourse to divine help would be tragic, as all other sources of knowledge and theory are flawed by human imperfection.

It is unfortunate that the people with the impact of media's propaganda on their minds criticise Shariah as a 'harsh and brutal' legal system,and have not been given an opportunity to understand the Islamic, Legal System.

For a moment, the Western sociologist forgets the heinous deeds of the criminals, their impact on the society and prescribes lighter punishments with all politeness which obviously evokes unnecessary sympathy, not for the victums but the for criminals ,For example, most of the European countries have abolished the death penalty for a murderer. Instead, he will be awarded life imprisonment and it has also been reduced to 15 to 20 years. There is also the facility of getting released on assurance.
Contrary to it, Islam imposes a rigid code of punishment for the microscopic minority of criminals and ensures an atmosphere of peace and security for the rest of the society. It is common knowledge that if crimes are not countered with serious punishments, then society will be in grave danger.

If this basic difference is kept in mind while striking a comparison between the two, the whole matter can be understood easily.

Crimes and punishments have their own long history behind them. From inhuman punishments of the monarchical past to the soft policy of the present-day democratic age, the punishments have been showing an upward trend. This is how the so-called humanising process has yielded results. The spurt in crimes following the economic boom in the West has brought its own strange interpretation from the Western sociologists, who, till only a few days back were ascribing unsatisfactory economic and social conditions to the increasing criminal mentality. The very sociologist now harps a different tune. He unabashedly calls the criminal mentality an essential element of human nature. This clear succumbing to the situation that has come as a result of the West's failure to dam the advancing wave of crimes.
More sorrowfully the West has committed the folly of taking a few retrograde steps, so to say, to improve the situation merely on the paper. This has been done in order to cut down the burden on national exchequer; which has been claiming an increasingly bigger slice of the financial cake for the maintenance of Police, Jails, and Courts. This foolish tampering with the situation has been affected mindless of the future repercussions by de-listing a few crimes.

West Legalise those things where their socail system n law fail :
For example, Norway and Sweden have stolen the march by legalising homosexuality and lesbianism. West Germany and almost all the Scandinavian countries have respectively lifted the ban on import and circulation of pornographic literature. England and Italy have allowed abortions (either for a mother or spinster). The fresh blow to the existing ethical values has come from Spain where, according to an approved bill of cabinet, adultery will no longer be a crime. Means where their system fails ,they legalise those things.In sharp contrast to this situation, the Islamic world presents a peaceful and much cleaner society. When we cast a glance at the Muslim countries where the Islamic punishment are awarded, the rate of crime has been minimised. This can wholly be attributed to the deterrent punishments of Islam. Turning a blind eye to these facts, the West is solely guided in its criticism by the superficial understanding of Islamic code.

The detailed study of the Shariah penal system reveals a few more salient features of it which are unique in their character and kind that marked difference from the European legal system.In order to avoid any discrimination between rich and poor,or on base of ties fostered by the kinship of blood, racial superiority, linguistic arrogance, and economic privileges,Shariah enjoins similar treatment to all in the event, of crimes of social and moral nature. Islam does not prescribe monetary fines or penalties. Had this been the case, the wealthy people would have easily got rid of punishments after paying the required sum as fine. It could have promoted criminal mentality among wealthy sections of the society. This equality before the law in Islam has deterred even the rich people to indulge in crimes. Western society today suffers from the same deficiency. The provisions of their legal system have given the rich society a license for crimes.

Jail punishment:
Another disapproved form of punishment is imprisonment. which is in fact a barbarity that man has invented for himself. It is therefore not expected from an Islamic government to include it in its penal code. No doubt, dark cells, underground dungeons and castle turrets have always existed in the known history of mankind. The Prophet Joseph’s tale of imprisonment has been narrated both in the Qur’an and in the Bible. The historian’s pen also bears witness to the tragic deaths of two great scholars of Islam, Imam Abu Hanifah (d:767 AD) and Imam Ibn Taymiyyah (d:1327 AD), both of whom died in captivity. But it must be borne in mind, that before the eighteenth century jails were only used as temporary lock ups. Criminals were usually detained in them during the course of their inquiry and investigation, or when they awaited the infliction of punishments like whipping, execution and other similar sentences. The concept of confining an offender behind bars for two, four or ten years as a penalty for a crime, has originated and gained acceptance only in the past few centuries. It is now a fairly common practice to punish most criminals in this manner.

 

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Within the precincts of these inhuman institutions, man is made to starve the personality within him for months and years; while his offspring, unaware about the concepts of crime and punishment, spend their childhood helplessly watching him bear the agony of life, every time the children visit their father confined in the clutches of a murky cell, intense sentiments build up and strengthen in their minds, after which how can they be expected to have poised and balanced personalities. They can rightly question the society about the ethical grounds on which they were deprived of paternal care and affection when the Almighty had blessed them with it.

The whipping sentence is over in a while, hands are cut once and for all, crucifixion ends a criminals life after an extreme physical torture, and execution severs irrevocably every string of his relation with this world; but it is this punishment in which the inner personality of a person is continually tormented. Some of his daily routines, in which everyone has an unconditional freedom, become totally dependent on others. He sleeps and awakes upon the will of others. He sits and stands at the direction of others. His eating and drinking habits are governed by others, and even in a matter as personal as relieving ones self, he has to seek permission from others. In short, he faces a Hell on earth, in which he neither lives nor perishes.
Also, it is not the criminal alone who has to endure this punishment. His entire family is made to suffer with him as well. The most affected among them is his wife. The extent of moral, psychological, social and economic problems she has to bear if her husband is jailed for nine or ten years can only be estimated by the faithful wives who themselves have undergone this traumatic experience.

Consider also, that every society wishes that wishes that after being punished and chastised, a criminal should mend his ways and correct himself. It is quite evident that the most effective way to achieve this purpose is to keep him in healthy company and in conducive environments. Oddly enough, through this punishment he is kept isolated from people who might have a good influence upon him or arouse in him a feeling of shame or repentance. His family, clan and even the society are in no way given the opportunity to reform and rehabilitate him. He is put away for years in the company of criminals in such a manner that even if he desires to reform himself, he is not given any chance to do so. Quite expectedly, during the period of confinement, his association with other criminals becomes a perfect source for stimulating his evil instincts to be far more skilled in his art. With such a set up what good a society expects from such a person ,while injecting him back in the society, is something quite beyond imagination.
Owing to all these evils and ill-effects, the Islamic Penal Code though understandably contains a provision for house arresting a criminal or exiling him with his family if needed, it does not sanction in any way the confining of a criminal in a prison.

Impact of Punishments:
Punishments like amputation of hand, whipping, stoning to death and beheading have the dual impact of preventing the individual from committing the same crime in future and serving a stern warning to others. Treatment meted out to an ex-convict plays the greatest role in rehabilitating him. West's scornful attitude towards an ex-convict has resisted his return towards a dignified life. One's conviction in life should not become a stigma to his name. He should be allowed to lead a normal life. Constitutions of the modern democracies contain clauses which disqualify an ex-convict from contesting for seats in legislature, holding key positions in administration, and public offices.

Islamic Penal Code sternly prohibits this dual disability for an ex-convict. Once the official punishment ends, the convict is a dignified citizen of the state enjoying civil rights in its totality. He need not carry any appendage of conviction with his name. No hurdles would be placed in his economic or social progress on the basis of his conviction. A return to the normal life is thus facilitated by the whole society and state under Shariah. The Prophet strictly admonished his friends from giving any bad names to Ma'izz Bin Aslami and Ghamiddiya, two sahabi who, out of fear of punishments in the life hereafter, self-confessed the sin of adultery and wore stoned to death. The Prophet called their confession as the most courageous and noblest act. This is how Islam refines the society. If you assure the criminals of a respectful place in society, there is no reason for them to hesitate from turning a new leaf in their lives. In most cases, it is fear of contemptuous treatment by society that deters the convict from becoming a normal citizen. Shariah adopts a realistic and practical attitude towards life. In life, one cannot depend too much on the moral and spiritual qualities of good individuals. If all men were equally spiritual, and if all could fear Allah, then there would be no need of law. But most men are not afraid of Allah so much as they are afraid of their society, public opinion and the punishment for evil-doing which they receive from the court of law. Therefore, the fear of Allah is and will remain confined to a few persons. Most men will continue to avoid committing any crime not from the fear of Allah and the Day of Judgment but from the fear of men and the fear of punishment by the authority. Since the Shariah seeks to build society and a political community, it has to take account of all kinds of men, good or bad, virtuous or vicious.

For men fearing Allah, it inculcates love and charity and holds out the promise of reward in the hereafter, but for the greater number of people in whom the fear of Allah is not very strong, it prescribes laws. and lays down punishments. Thus it makes use of both moral and legal sanctions because it realises that both morality and law are necessary for political and social life.

It is merely an allegation that harsh Islamic laws would convert the society into a den of crippled and indolent persons. It is mainly due to the partial understanding of the Islamic System. Islam solves the social and economic problems of a man on a priority basis so that one should not be stimulated to commit crimes due to social and economic injustices. Secondly, the Islamic punitive measures are implemented through a gradual process. With the advent of the Prophet and his party at Medina, the Islamic Penal Code was not suddenly clamped over the city. Had it been the 'case the results would have been the same what critics allege.

The Prophet enforced the Islamic order in 10 years of time after due training and education of masses. The Quran, itself imposed total prohibition in three phases. Crime detection has also its own effect on criminal psychology. Islam has a distinctive advance here too over its Western counterparts, Mere suspicion is no ground for punishing a criminal until crime is reported through a reliable source by the prescribed number of witnesses. In the event of a person being apprehended on inadequate evidence and, later on, the charges having been proved false the integrity of that individual would be impaired. The present codes do not guarantee such safeguards. An individual may be acquitted. after a lengthy process of humiliations. This generates an atmosphere of suspicion where every individual lives as a suspect. Similarly, Islam prohibits crime digging.

These are a few virtues of Islamic Penal Code. In the light of these, the Prophet said that a time would come when one will traverse the distance between Yemen and Hadrmaut, without any danger to his life and property.

This came out true in the later years when Islam conquered the whole area. Its impact may still be seen in countries where Islamic law is even partially in force. In the so called highly advanced countries like the United States of America, it is dangerous even to move out of one's residence after it is dark.
The high rate of crimes in Western countries can be imagined from their annal crime reports.

Prevention is best cure.
The Islamic penal policy is not to create opportunities for crime and then to punish the culprit, but it aims at eliminating the very root cause of crime. There is a saying "prevention is the best cure" and if we can eliminate alcohol from society, then we can eliminate or at least substantially reduce the rate of crime. That is why "in true Islamic societies there is virtually no drunkenness with its associated catalogue of crimes" such as homicide, physical assault, domestic violence, reckless driving, vandalism and rape. "Islam punishes before there is the chance for a serious crime to be committed" and thereby it stops public nuisance and safeguards people's lives, honor, intellect and property. Alcoholism is a widespread disease and no human solutions are apparent as a result of which even Westerners have admitted that "for recovering alcoholics, Islam is a more effective 'cure' than the Betty Ford clinic".

 

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Moreover, the Present-day thieves are equipped with sophisticated weapons. That is why they not only steal, but kill the owner also. Had the hands and toes of any of their brethren being amputated according to the Islamic laws, then they would neither have used the deadly guns nor could flee from the place of their crime. The European thinkers can be given a single answer for all their objections that if Islam has prescribed the most severe punishment for theft, then it is just for the criminals, the innocent people need not fear. On the contrary, the whole of Europe including America and Russia have invented the most dangerous weapons of terrorism by which the innocent people are not only deprived of certain parts of their body but could also become disabled for the rest of their lives.

Was the entire population of Hiroshima and Nagasaki wiped out from the surface of the earth because of the severity of Islamic punishments? Or was it. an act of terrorism of the West and the U.S.A.?
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Catagories of Islamic Punishments

Islamic Law provides a complete legal system. It takes into consideration the changing circumstances of society as well as the constancy and permanence of human nature. Consequently, it contains comprehensive principles and general rules suitable for dealing with all the problems and circumstances that life may bring in any time or place. Likewise, it has set down immutable punishments for certain crimes that are not affected by changing conditions and circumstances. In this way, Islamic Law combines between stability, flexibility, and firmness.

There are three catagories of Islamic punishments:
(1).HududThe first and most severe type of punishments are known as the hudud (singular hadd) meaning a thing which restrains or prevents since a punishment "prevents a man from doing crimes". However, it is a strictly defined penalty which is mentioned in the Qur'an or the Hadith and it includes adultery, fornication, false imputation of unchastity (qadhf), drunkenness, armed robbery, sedition and apostasy, though there are some disagreements on whether one or two are technically described as 'hudud'. Because of "the decisive nature of hadd, its severity and its exactness and its strictness in the rules of evidence", it has "considerably limited the severest penalties".


(2).QisasThe second category of punishment, known as qisas (equitable retribution), is inflicted for deliberate killing or wounding of a person. Unlike hadd, the penalty could be waived by the victim or his heir in lieu of blood-money (diya), but for unintentional homicide or wounding there is no retribution and only compensation is paid. The Qur'an teaches that:


"And for you in equitable retribution there is Life, 0 people of understanding, that you may ward off evil" (2: 179).


(3).Ta'zeerThe third category of punishment is known as ta'zeer (discretionary punishment) and it is "a sentence or punishment whose measure is not fixed by the Shariah" neither as to the offence nor the penalty. It helps to meet varying circumstances (e.g. if a definition element is short in a hadd offence) and the punishment that was generally inflicted in the past was whipping, though other alternatives such as a warning, fines and imprisonment could be given, but the quantum of punishment for ta'zeer is generally much below that of hadd (e.g. ten lashes).
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Motives for Crimes and Islamic Solution

Motives for Murder and the Islamic Solution

In most cases, murder is motivated either by causes stemming from economic factors or causes stemming from the violation of a persons reputation or honor.


As for the economic reasons for murder, Islam has addressed them in the following way:

1. It calls towards empowering individual efforts in the realm of working, manufacturing, and developing the Earth. It considers this one aspect of making man the vicegerent on Earth, a status defined by the Qurn in many places as being one of mans basic responsibilities.

Allah says:
- Remember when Allah said to the angels: Verily, I am placing a vicegerent on the Earth.
- He is the one who made you vicegerents on the Earth.
In this way, Islam removes every material and ideological impediment that might prevent man from working.

2. It holds the political leaders responsible for preserving social equilibrium and realizing social justice. A situation must not surface where excessive wealth exists alongside wretched poverty. Islam facilitates this by prohibiting the concentration of wealth in the hands of the very few.

Allah says, regarding Zakh:
so it (wealth) will not be circulated between the wealthy among you.


3. It prohibits usury and monopoly. These are two means by which capital is unduly concentrated in the fewest of hands, which is in turn the principle reason for the loss of social equilibrium.

4. Islam has established an alms tax known as Zakt and made it a religious obligation. It is a specific percentage taken from the wealthy they pay it themselves due to their faith and then redistributed among the poor.

5. Islam provides a system of inheritance that fragments accumulated wealth with the passing of every generation, distributing it among relatives in a very detailed and precise manner.

6. Islam provides the principle of social security for those who are incapable of earning for themselves.

7. It makes the state responsible for providing opportunities for work. Islam considers this to be one aspect of its general responsibility to promote the general welfare.

8. Added to all of this, Islam has the greatest concern for the conscience and emotional state of the individual. It develops the individual from childhood to have faith in Allah and to rely upon Him. It teaches him the value of integrity, modesty, decency, love for others, cooperation, and participation in society. In this way, it destroys the seeds of hatred and resentment before they can take root in the heart.

Allah says:
- ...those who respect their trusts and covenants.
- Cooperate with each other in doing righteous deeds and in fearing Allah.

As for the motivess for murder connected with honor and reputation, Islam has legislated the following to remedy them:


1. It develops the individual to be accustomed to controlling his or her impulses and having command over his or her desires. He learns to only fulfill his desires within permissible limits.

Allah says:
Hasten towards forgiveness from your Lord and gardens beneath which rivers flow, prepared for the God-fearing who spend in prosperity and hardship, suppress their anger, and pardon others.

2. Islamic Law includes procedures that restrain these reasons by providing preventative measures against adultery (and that will be dealt with later). Because of these procedures, the punishment for murder becomes just and logical, since its causes become limited to pure aggression. It is necessary to restrain such aggression so that society will not be exposed to division and corruption.


The Causes of Theft and Their Islamic Remedy
The only reasonable causes for theft are hunger, the inability to earn, and disruption in the economy. There are other reasons as well, of a more psychological nature.

What has been mentioned in the previous paragraphs about the Islamic remedy for the absence of social equilibrium and the precautionary measures it takes in this regard are all relevant for the issue of theft. In spite of all these precautions, if a person is found stealing out of hunger or to fulfill his basic needs, then no punishment is meted out to him. Allahs Messenger (peace be upon him) said: Do not carry out the prescribed punishments when there is doubt.

The Causes of Fornication and Adultery and Their Islamic Remedy
The causes for fornication and adultery can all be referred back to the power of the sexual urge and to defects in the social order that make marriage difficult, place impediments in its way, and promote the dissolution of moral values. Islam has taken many precautionary measures to remedy this problem and prevent fornication and adultery, among which are the following:

1. Islam permits marriage, encourages it, and makes the process of marriage very simple. Allahs Messenger (peace be upon him) has said: O assembly of young men, those of you who find the means to do so should get married. He also said: If a man whose religion and fidelity are pleasing to you approaches you for marriage (from your family), then get him married. Otherwise, there will be a lot of turmoil and corruption on Earth.

Allah calls society to get its single members married. Allah says:
Get those among you who are single married as well as the suitable ones among your male and female slaves. If they be poor, Allah will enrich them out of His bounty.
The command to get people married includes giving financial assistance to those whose incomes are insufficient to cover the requirements of marriage due to high dowries or for other reasons.

2. Islam develops the individual from childhood with values such as God-consciousness, chastity, and humility, ingraining in the psyche a moral impetus that effectively prevents the individual from committing forbidden acts.

Allah says:
Those who do not find the means to marry should abstain until Allah enriches them out of His grace.

3. Islam establishes society on the basis of virtue, moral values, decency, modest dress, and avoiding licentiousness in all public forums including the media. It forbids everything that excites sexual desire or promotes licentiousness in society.

Allah says:
- Verily, those who like to promote sexual immorality among the believers, they will have a painful punishment.
- Tell the believing men to lower their gazes and protect their private parts (from illegal sexual acts).
- Tell the believing women to lower their gazes and protect their private parts (from illegal sexual acts) and not reveal their adornments save for their outer garments.

4. Islam encourages young men and women to busy themselves with things that vent off their sexual powers, like study, sports, and public service.

5. Islam also promotes frequent fasting for those who are unable to get married. Allahs Messenger said: O assembly of young men, those of you who find the means to do so should get married, and if one is not able to do so, then he should fast.

6. It calls society to return to the aforementioned Islamic values whenever it begins to deviate from them, whether this is related to its placing obstacles in the way of marriage or its neglecting the moral values that protect and safeguard society from falling into vice and depravity, or its abandoning its responsibility to assist those who are unable to get married, or due to its weakness in its developing and educating its members spiritually. Society, in every instance, is called upon to return to guidance and to the Lord. For this reason, the Sacred Law requires society to command what is good and forbid what is wrong. Allah says:

Let there arise a group of people from among you who call to righteousness, command what is good, and forbid what is wrong.

7. Islam has prescribed divorce to deal with situations where one of the two spouses loathes the other or cannot have his or her sexual needs fulfilled. This is so that person may find love, affection, and fulfillment with someone else.

Allah says:
If they separate, Allah will enrich each from His abundance.

 

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The Causes for Taking Intoxicants and the Islamic Remedy
The use of narcotics, including alcohol, is one of the most dangerous societal ills. It affects the health of the individual, causing disease. It affects the mind, taking away the individuals mental powers and making him accustomed to running away from his problems. It affects his finances as well, due to the expenditure that his generally expensive habit forces upon him.

The harm also extends to the family and society at large. This can be clearly seen in every society where this evil practice has become the norm. Due to these harmful effects, Islam has forbidden the use of these substances and has prescribed a specific punishment upon the user. It has also remedied the causes of this malady.

The social causes for drinking and drug use can generally be traced back to the loss of social equilibrium. This tends to lead two distinct groups of people to substance abuse:

A. The first are those people who are taken to luxurious living and opulence. The pleasure-seeker, on account of his free time, boredom, and jaded tastes, turns to intoxicants looking for something that will spice up his life and give him pleasure and vitality.

B. The second group is the deprived. They use intoxicants to escape from the harsh and wearisome realities of a daily life filled with pain.


Islam has remedied these causes in the following way:
1. Islam calls to restoring social equilibrium whenever it becomes imbalanced, so that wealth, economic activity, and the means of production do not become hoarded up by a small group of people, and so that wealth is not passed exclusively among the affluent.

2. Islam connects the believers heart to Allah, making it constantly in touch with Him, so he does not live his life overwhelmed by anxieties. Allah says:
Whoever fears Allah, Allah will make for him a way out; and He will provide for him in ways that he could never imagine; and whoever relies upon Allah, then He will be sufficient for him. Verily, Allah will accomplish his affair.

3. Working and struggling to earn a livelihood counts as a form of worship that earns blessings for the one who engages in it as long as his heart is in touch with Allah and his intention is sincere. Being aware of this earns for the heart trust in Allah, pleasure in worship, and a high spiritual awareness because he can feel the love of Allah. As Allah says: Allah is with you.

4. Islam develops the individual to confront his problems and not run away from them. It also inculcates within him reliance upon Allah when undertaking to confront them and faith that whatever befalls him would never have passed him by and whatever passes him by would never have befallen him.


Allah says:
Say (O Muhammad): Nothing will ever befall us save what Allah has written for us.

Islam conditions the individual to rely upon Allah and to be aware of the fact that Allah will never leave him to face his problems alone; quite the contrary, he is enveloped by the divine providence and care granted to the believers.

Allah says:
Allah is with you, and He will never decrease the reward of your good deeds.

Islam develops within the individual the concept that his efforts will never go to waste, for whatever he earns in this world, he will also realize it in the next, and even when he does not realize the fruits of his effort in this world, he will definitely realize them in the next.

Allah says:
- Those will be given their reward twice because of their patience.
- Verily, Allah is the Provider, possessing great power.

Faith causes the believer to be steadfast and patient in solving his problems, not to try to run away from them by any possible means. So, whoever holds these values and believes in them will be unlikely to resort to alcohol and other drugs in order to avoid his problems and escape from reality.


Islam prohibited wine in stages. When Islam first confronted the use of wine in Arab society, wine use was deeply ingrained in their culture. Islam, consequently, chose to approach the issue gradually and wisely. In the beginning, it called the people's attention to the harmful effects of wine that far surpass its benefits.


Allah says:
They ask you (O Muhammad) about wine and gambling. Say: They both cause harm and benefit, but their harm is greater than their benefit.

In the next stage, use of wine was prohibited before the times of prayer to insure that no prayer time would arrive without everyone being completely sober.

Allah says:
O you who believe, do not approach prayer while you are intoxicated, until you are able to know what you are saying.

The absolute prohibition of wine came after the people were prepared for its prohibition so much so that they began to look for the day that it would be completely prohibited, saying: O Allah, give us a clear decision about wine.

Allah says:
O you who believe, verily wine, gambling, idols, and divination are but the abominations of Satans handiwork, so abandon these things that perchance you will be successful. Satan only wishes to cause enmity and hatred between you through wine and gambling and to prevent you from the remembrance of Allah and prayer. Will you not then desist?

Due to this gradual nature of the prohibition, they found no difficulty in obeying the verse prohibiting wine. On the contrary, they poured the wine into the streets of Madinah so much so that the streets were flowing with it. From this point on, avoidance of alcohol became embedded in the social customs of the Muslims.

In spite of the deviation found in contemporary Muslim societies and the varying degrees of estrangement from Islam found within them, we find that the use of alcohol remains low in comparison to its widespread use in other societies. This is because wine is looked upon with an attitude of aversion that has been deeply ingrained in the social customs of Muslim societies. This is the distinctive feature of Islam whereby it tackles social problems with a dual approach: employing both the inner pressure of a conscience inspired by faith as well as the external pressure of supervision that comes both by way of public opinion and by way of punishments carried out by the state.

 

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The Causes of Apostasy and the Islamic Remedy
In most cases, apostasy stems from the onset of doubt in the belief of the apostate. Islam has remedied this problem in the following manner:

1. Islam, from the onset, has never compelled anyone to accept it as his or her religion. It should be safe to assume that the individual as long as he or she is not being confronted with any material or spiritual coercion will never accept Islam except on account of conviction.

Allah says:
- There is no compulsion in faith.
- So would you (O Muhammad) then compel people to become believers?

2.Education and knowledge are mandatory upon men and women in Islam and Islam encourages the development of the faculty of reason, expanding its horizons to contemplate on the signs within the persons body and the signs in the surrounding environment. It encourages researching and contemplating the Qurn as well as history. Allah says:

- In the Earth are signs for those who are certain, and in themselves (as well). Will they not then see?

- Say (O Muhammad): Behold all that is in the heavens and the Earth.

- Say (O Muhammad): Travel in the land and see how He originated Creation.

- Have they not pondered the word?

- Do they not ponder the Qurn?

- Say (O Muhammad): Travel in the land and see what was the end of those before you. Most of them were polytheists.

- Have they not traveled through the land, and have they not hearts wherewith to understand and ears wherewith to hear?

Thus, Islam requires that conviction be built upon the results of deep investigation and contemplation into Creation, including oneself, and into life and history, as well as the Qurn. From this, the precision in the governance of the universe and the wonder of its creation will be revealed, as well as how this requires that Allah alone must possess divinity. In this way, conviction in Islam becomes established on the basis of these clear and obvious conclusions. This establishes the believers faith on the basis of evidence as opposed to blind following, and on the basis of sound arguments as opposed to conjecture.

3. Islam grants the individual an opportunity to repent. In this fixed period of time, he has the opportunity to present and freely discuss his problem so that his misconceptions can be removed and the issues that give him doubt can be clarified by rational proofs and tangible evidence. If he returns to faith even if only with his tongue his life will remain inviolable and his rights and honor will be upheld.



Highway Robbery and the Islamic Remedy
As for highway robbery, it is roughly a composite of all the previously mentioned crimes. Its causes are generally the same as the causes for those other crimes. The measures that Islam takes to remove those crimes and to prevent them from developing in the first place are also applicable to preventing highway robbery and keeping it in check.

This is how Islam confronts the problem of crime, stopping it in its infancy, or moreover, destroying the root causes for the crime, giving it no opportunity to develop and no suitable place to proliferate. In this way, Islam safeguards society and gives full consideration to the individual, remedying his corruptive tendencies by assuring him his rights, solving his problems, and removing the seeds of criminal behavior from his psyche. Consequently, crime is reduced to the lowest possible extent, and both the individual and society at large thrive in peace and security.
Forms of Punishment in Islam Islamic Law, in confronting the problems of life and setting down solutions for them, is established on two complimentary principles. These are: the stability and permanence of its basic tenets on the one hand and the dynamism of its subsidiary injunctions on the other.

For the unchanging aspects of life, Islamic Law brings fixed statutes. For the dynamic aspects of life that are affected by social development, broadening horizons, and advances in knowledge, Islamic Law comes with general principles and universal rules capable of being applied in a number of different ways and in a variety of circumstances.

 

[Salik]

Dear Sister... Can you please post the link of this article?

 

[foqia khan]

Dear Sister... Can you please post the link of this article?

this article is not a work of any particular scholar, parts of it , are from different scholars which i took from different sites to reply those who think that islam has brutal punishments .

 

[Salik]

Jazakallah Khair ...

 

[Knowledge Seeker]

Jazak Allah for very valuable information.

 

[karachiwala]

Facts about Islamic Punishments

 

[Mughal1]

Re: Facts about Islamic Punishments

The problem is not with what is in the quran, the problem is its interpretation by imperialist mullahs for last 1200 years or so.

These mullahs have done great damage to muslim ummah and they are being exposed at every opportunity.

Who invented so called ahadith telling people, the prophet married a six year old? What was the purpose of such invention?

Who invented ahadith telling us the prophet had slave girls? What was the purpose of it?

Who invented imperialist islam? What was purpose of that?

Who invented fiqh and why because it was invented during imperialist period of islam?

All this clearly shows who are the real enemies of islam from within.

DEEN v Religion
http://www.aboutquran.com/Islam.htm


Dr. Akhtar Sherazi.
http://www.quraniceducationandresearch.com/

Dr Qamaruzzam

http://www.aastana.com/urdu/viewer.asp?id=49

Dr Shabbir Ahmed
http://www.ourbeacon.com/?page_id=11605

G A Parwez
http://www.tolueislam.com/Parwez/BA_Parwez.htm

sir seyyid ahmed khan
http://www.aboutquran.com/ba/ba.htm