understanding capital punishment in Islam:- many of us including Muslim/non-Muslim scholars show themselves pretty much confused/embarrassed at places while explaining the Islamic Criminal Jurisprudence, specially about Capital Punishment. sharia laws excluding the glorious Quranic reference doesnt bring much sense to me, if any hadith contradicts the Quranic verses straight way the validity of that hadith should be questioned. so i will try to focus the scope of capital punishment in Islam with the reference of glorious Quranic verses. i will not go for any explanatory hadith this time. 1) how much in the best alternative ways we can think of perfect Justice system for punishing a murderer? here are the best possible value systems/standards we can explore, so i think. (a) justice value system defined by retribution. logical justice system through perfect retaliation in the same way? - punishment for murder is death sentence. . (b) justice value system defined by compensation. conditional punishment system through compensation, in lieu of capital punishment, only victim side/state as collective conscience can value how much of that compensation should be paid? - victim family may gain earthly benefits . it seems rather pragmatic judgement. (c) justice value system defined by forgiveness without no earthly benefit. unconditional forgiveness from victim side?-no earthly benefit for victim side. 2) now i am quoting the related verses, pls follow minutely word by word: wakatabnā anna alayhim fīhā l-nafsa bil-nafsi wal-‘ayna bil-‘ayni wal-anfa bil-anfi wal-udhuna bil-udhuni wal-sina bil-sini wal-jurūḥa qiṣāṣun faman taṣaddaqa bihi fahuwa kaffāratun lahu waman lam yaḥkum bimā anzala l-lahu fa-ulāika humu l-ẓālimūna And We ordained for them in it that- the life for the life, the eye for the eye and the nose for the nose, and the ear for the ear,and the tooth for the tooth, and (for) wounds (is) retribution. But whoever gives charity with it, then it is an expiation for him. And whoever (does) not judge by what has revealed Allah, then those they (are) the wrongdoers. (5:45, Surat Al-Māidah ) now see once again, (a) And We ordained for them in it that- the life for the life, the eye for the eye and the nose for the nose, and the ear for the ear,and the tooth for the tooth, and (for) wounds (is) retribution. (5:45, Surat Al-Māidah ). clearly it seems to be a very much logical justice system through perfect retaliation. this is called the law of Retribution. it covers the first alternative value system. (b) there is another scope victim family can gain financial/earthly benefits as compensation from the criminal sider. it is called Diyya compensation system. holy Qur’an explains the law of Qisas ( 2:178) that is retaliation in detail however, advises that the family of the sufferer should prefer compensation that is Diyya instead of Qisas or retaliation. it covers the second alternative value system. the law of blood money or Diyya is same in both the unintentional as well as intentional murder. the Diyya was only paid in the form of animals as well as goods instead of cash. this is for victims earthly benefit. it is called law of Compensation. pretty pragmatic value standards/justice system. covers the second alternative. (c) But whoever gives charity with it, then it is an expiation for him. And whoever (does) not judge by what has revealed Allah,then those they (are) the wrongdoers. (5:45, Surat Al-Māidah ). it indicates us the opportunity of charity which are not for earthly gain but for afterlife benefits. the highest moral attitude we yet to achieve. 3) now, choose what fits your social value standards, what the victim sides please to do. you are given all alternative value systems/standards. its up to you, civilizations. we can see three modes of application, logical sense of justice pragmatic sense of justice spiritual sense of justice pls keep in heart this beautiful wisdom mentioned the glorious Quran, ...Take not life,which God has made sacred, except by way of justice and law. Thus does He command you, so that you may learn wisdom (6:151). what we need to learn from Islam to see the whole spectrum (from tribal values to universal values) of its wisdom. may Allah bless us with true Islamic knowledge.
Posted on: Sun, 24 Aug 2014 05:34:45 +0000
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