Islam and the Concept of Punishment

Before deciding whether or not a criminal should be punished, we must determine the extent of his responsibility for the offence he committed. It is to be noted that Islam takes this into account when it considers the question of crime and punishment.

Islam strives by various means to preclude circumstances that may lead to crime..

Islam imposes preventive punishments, which may appear to be cruel or coarse if viewed superficially or without proper consideration. But Islam does not execute such punishments unless it ascertains that the crime was not justifiable or that the criminal was not acting under any obligation.

STEALING

Islam prescribes that a thief’s hand should be cut, but such punishment is never inflicted when there is the slightest doubt that the thief was impelled to crime by hunger. It can only be applied if goods stolen are over a set value and consideration is given to whether this is a first offence or the person is a compulsive thief. Its effectiveness as a deterrent can be demonstrated in that in a 400 year period when it was applied 6 people had their hand cut off.

Compare this with the rampant crimes being committed every day in modern society, where houses are broken into every few minutes and cars are stolen with such frequency that police find themselves in a vicious circle of car chases, leading in most instances to damage to property and in some cases death of innocent people. Police are also finding that in many instances it is repeat offenders who have scant regard for people’s property and less regard for the judicial system. In America many dozens of people are killed every day because of petty theft.

ADULTERY

Islam prescribes that both adulterer and adulteress should be stoned but it does not inflict such punishment unless they are married persons and upon conclusive evidence by 4 witnesses who saw everything with complete clarity. Any doubts and the sentence would be commuted. This principle is supported by the saying of the Prophet (s.a.w);

“Avoid the execution of punishment by doubt”.

Islam does not hasten to inflict punishment unless the criminal has disregarded traditions and degenerated to animality by committing adultery so openly that he could be seen by 4 eye-witnesses.

CAPITAL PUNISHIMENT

Islam has a unique system in that the relatives can have a say in the sentence of a murderer, and when taken in perspective it makes such obvious sense as the relatives are the people most affected by such a crime.

If the evidence is conclusive the relatives have the right to either ask for capital punishment to be carried out or to commute the sentence to a jail term with the murderer also having to pay compensation to the victim’s family.

If we study the policy adopted by Islam in prescribing punishment we realise that Islam tries in the first place to purify society from circumstances that may lead to crime. After taking such precautions Islam prescribes a preventive and just punishment which may be inflicted upon persons who have no reasonable justification for their crimes.

Where the community is unable to preclude circumstances which may lead to crime or where there is some doubt regarding the crime, the punishment will not be inflicted and the ruler will set the criminal free or he may inflict on him a light punishment (beating or imprisonment) in proportion to his extent of responsibility for the crime.

These punishments were prescribed in order to frighten those individuals who have no reasonable motive for crime yet felt a strong desire for committing crimes. However strong their motives may be, punishment will surely make them think twice before committing any crime. So long as the community works for the public good and cares for all its members, the community is entitled to full security with respect to persons and property.

On the other hand, those people who tend to commit crimes for no clear reasons are not left to their fate. Islam tries all possible means to treat and restore them to normality.

From IslamHerald.com

Cartoons, new film targets Muslims

Many Muslims are asking whether some Europeans actually enjoy angering the Islamic world. As Danish newspapers republish inflammatory cartoons that portray the Prophet Muhammad wearing a bomb as a turban and a Dutch member of parliament calls for the Koran to be banned, Muslims wonder about the so-called tradition of European tolerance.
The day after Danish police arrested three Muslims of North African decent for allegedly planning to murder the Jyllands-Posten cartoonist, who drew the offending cartoons, newspapers across the country republished those cartoons. They said freedom of the press was under threat and the cartoons have come to symbolize that freedom.
Dozens of other international publications followed the Danish press and published the cartoons. The Egyptian government and other nations in the Muslim world responded by banning publications that printed the caricatures of the Prophet.
A vast majority of Egyptians, who see the Danish cartoons as yet another attack on their religion and beliefs, welcomed the decision in Cairo. Muhammad Shennawy, a graphic designer, told the Middle East Times that restraint and understanding was needed in art.
"While they might have a right to publish the cartoons what they are doing is wrong, because they know how offensive it can be to Muslims," Shennawy said. "Personally, I believe that freedom of speech is good and needs to be upheld, but as an artist there is no reason to make something that will offend an entire people, especially now that they know exactly what kind of reaction they will get."
Ironically, Jyllands-Posten refused to publish cartoons depicting Jesus Christ a few years ago saying they did not want to offend their readers.
A leading English publication in Yemen suggested how Muslims could react to the cartoons. It said that non-Muslims fall outside Islamic jurisprudence, meaning that official complaints to the governments of the nations' newspapers were the only appropriate route.
"Islamic Sharia explains what to do when such insults occur. In this particular situation, where the offense comes from a non-Muslim, the measure stipulated in Sharia law is to ignore and let go," a Yemeni Times editorial argued.
Cartoons aside, a film from Dutch Member of Parliament Geers Wilder is brewing even more controversy in the Islamic world within weeks of its scheduled launch on television. The far-right politician critical of Islam plans to show his film, "Fitna" (Ordeal) in March.
In the film, Wilders accuses the Koran of inciting murder and argues that the Muslim holy book is "a horrible and fascist book" that encourages people to commit "awful acts."
"I hope that it will open people's eyes to the fact that the Koran should be banned like 'Mein Kampf," Wilders said in a November interview. The film is scheduled to air in March.
In an already tense atmosphere the Dutch government is remaining silent on the issue.
When asked to comment, the Dutch Embassy in Cairo referred journalists to the national press department at The Hague. The Hague refused to comment on the film, saying that Prime Minister Jan Peter Balkenende, in a statement given during his weekly press conference with reporters on January 18, would suffice.
In the press conference, the prime minister deflected much of the issue, saying that what was in the film was "unknown" and that "there is no way of making an informed judgment about the work."
It has become apparent that concerns exist, both here and abroad, that the film could be offensive, potentially inviting heated reactions that could affect public order, public safety and security, and the economy," Balkenende continued.
"As you are aware, the government is preparing for the possible repercussions that the broadcast of the film could have, internationally as well as domestically. In this way we are shouldering our responsibility, just as we would in other circumstances."
The Egyptian Foreign Ministry has responded with a statement that condemns the actions of Wilders, and has called for increasing efforts for tolerance in Europe in the face of the ongoing Danish cartoons dispute.
"It is regrettable that European lawmakers and politicians use gratuitous methods to gain electoral votes by attacking the sacred values and religions of others," ministry spokesman Hossam Zaki said.
Zaki added, in reference to Wilders, that politicians like him "focus their hatred on Islam" and are planning to show films undermining Islamic symbols and notions. He said that these actions, "feed hatred against Muslims and encourage extremism and confrontation instead of opting for dialogue based on mutual respect."
Sarah, an American Christian living in Egypt, put it this way: "It is obvious he [Wilders] has never read the Koran." --(ME Times)

Archbishop Calls for Some Sharia Law in Britain - The Speech of the Year

The archbishop of Canterbury has called for a limited application of Sharia, or Islamic, law in Britain, winning immediate praise from British Muslims, but immediate rejection from Prime Minister Gordon Brown's spokesman.

Rowan Williams and Sharia Law - (BBC News 24)

This is Mohammed Shafiq from the Ramadhan Foundation, the UK's leading Muslim organisation on BBC News 24 discussing Archbishop Rowan Williams comments on Sharia Law in the UK. More at www.ramadhanfoundation.com

Archbishop of Canterbury, Rowan Williams Spoke about Sharia Law on BBC Radio 4

BBC Radio 4
Thursday 7 Feb 2008

"In an exclusive interview, the Archbishop of Canterbury, Rowan Williams tells us that sharia law seems unavoidable in parts of Britain. Why is a Christian bishop arguing for an Islamic legal system?"

Editor: This should be a wake-up call for some Muslims who still have doubt on Shariah law

UK Muslims Welcome "Civil" Shari`ah

By Mohammad Sabry IOL Staff

CAIRO — British Muslim leaders cautiously welcomed on Friday, February 8, Archbishop of Canterbury Rowan Williams's call for adoption of some Shari`ah aspects in Britain to deal with civil issues of marriage and divorce.
"We welcome his position for applying some Shari`ah aspects in Britain," Dr Daud Abullah, Deputy Secretary General of the Muslim Council of Britain (MCB), told IslamOnline.net on Friday, February 8, over the phone from London.
"We believe that if this system is adopted, it will help remove some abuses and complaints facing British Muslims."Williams, the spiritual leader of the world's Anglicans, said Thursday that the adoption of some parts of Shari`ah alongside Britain's legal system "seems unavoidable."
He said Shari`ah should be introduced as an officially sanctioned legal alternative when it comes to civil issues concerning Muslims such as marriage and financial matters.
"These comments further underline the attempts by both our great faiths to build respect and tolerance," said Mohammed Shafiq, director of the Ramadhan Foundation, an education welfare body.
"Shari`ah law for civil matters is something which has been introduced in some western countries with much success.
"I believe that Muslims would take huge comfort from the Government allowing civil matters being resolved according to their faith," he told the Guardian on Friday.
Leaders across the political spectrum criticized Williams's call for "constructive accommodation." He was also lambasted by the press.
Prime Minister Gordon Brown's official spokesman has already distanced the premier from the remarks, stressing that "British law should apply in this country, based on British values."
Misunderstood
The MCB leader said that the Archbishop's comments have been misunderstood.
"Whenever Shari`ah is mentioned, it usually comes to the mind with the false image of cutting hands and penalties," Abdullah told IOL.
"It is not about the penal system. It is much more about civil system concerning marriage, divorce and inheritance."
Abdullah said that British laws fall short of tackling Muslim issues of marriage, divorce, maintenance and inheritance
"If a woman marries and she is divorced or her husband dies, she will not be able to get her dowry," he said.
Under English law, people may devise their own way to settle a dispute in front of an agreed third party as long as both sides agree to the process.
Shari`ah courts and the Jewish Beth Din, which already exist in the UK, come into this category.
"Self-styled Shari`ah courts have been in existence since 20 years to resolve marriage disputes. These courts will be recognized under British law, If Shari`ah is applied," Abdullah said.
Some Muslim leaders fear that the Archbishop's comments will play into the hands of right-wingers to fuel Islamophobia.
"I welcome debate on this issue but my personal feeling is that the vast majority of Muslims do not want to see a parallel or separate system for Muslims in our society," Sheikh Ibrahim Mogra, a prominent Leicester imam, told the Times.
A 2006 Guardian/ICM survey showed that 61 percent of the Muslim minority — estimated at some two million — wanted to see their social life guided by Shari`ah "so long as the penalties did not contravene British law."
The respondents said they wanted time off at places of work for prayers and to resolve their social problems as divorce, child custody and inheritance in accordance with Shari`ah, but are equally committed to greater participation in British life.

Archbishop of Canterbury: 'UK should adopt sharia law for Muslims'

The Archbishop of Canterbury, head of the Church of England said on Thursday the introduction of Shari'a (Islamic law) for British Muslims was "unavoidable."
Speaking on BBC Radio, Dr. Rowan Williams said that Muslims should be able to choose whether to have matters such as marital disputes dealt with under Shari'a law or the British legal system.
He said that the introduction of Shari'a law would mean that British Muslims would no longer have to choose between "the stark alternatives of cultural loyalty or state loyalty."
The Anglican leader advocated giving it official status in the UK on the grounds that it would help maintain social cohesion, as some Muslims do not relate to the British legal system.
"Muslims could choose to have marital disputes or financial matters dealt with in a Shari'a court," he said, for example.
"It seems unavoidable and, as a matter of fact, certain conditions of Shari'a are already recognized in our society and under our law, so it is not as if we are bringing in an alien and rival system," he said.
A spokesman for the Muslim Council of Britain confirmed that many British Muslims already use Shari'a in their day-to-day lives, such as banking and marriage, and added that the same principle of separate laws could easily be accepted for other faiths.
The archbishop said introducing Shari'a law for marriages would combat the problem of forced marriage because Islam required the consent of both parties.
"We already have in this country a number of situations in which the internal law of religious communities is recognized by the law of the land as justifying conscientious objections in certain circumstances," he said. "There is a place for finding what would be a constructive accommodation with some aspects of Muslim law, as we already do with aspects of other kinds of religious law."
The archbishop said he was not proposing the adoption of extreme interpretations of Shari'a, as practiced in some repressive regimes. "But there are ways of looking at marital disputes, for example, which provide an alternative to the divorce courts as we understand them. In some cultural and religious settings they would seem more appropriate."
The National Secular Society criticized his comments and said it was another example of Britain "sleepwalking to segregation... You can't have a country where you have separate laws for separate faith groups."
Williams said his proposal would only work if Shari'a law was properly understood, rather than seen through the eyes of biased media reports that "cloud" the issue.

The archbishop is joint president of the Council of Christians and Jews in the UK.

Nigeria: Shariah Has Come to Stay in Zamfara - Gov Shinkafi

by Shehu AbubakarGusau

Shariah has now been fully integrated in Zamfara as no government can succeed in truncating or frustrating its existence, Governor Mahmuda Aliyu Shinkafi, has said.
The governor said in an exclusive interview with Daily Trust that Shariah has now become part of the life of an average Zamfara man that no one can separate between Shariah from the life style of the people of the state.
Governor Shinkafi said to change or cancel Shariah from Zamfara State would be like forcing the people to change their religion from Islam to any other religion.
"You know they will use the last drop of their blood to resist it."
"To a Muslim, Shariah is a complete way of life. It is the moral teachings of a religion that must be observed by all Muslims. It contains legislations about alcoholism, gambling, prostitution, cheating and other vices associated with our day to day activities.
"When Shariah was first implemented in the state, people were apprehensive. We carried out a lot of enlightenment. The Hisbah then had a hectic time going from one place to the other to arrest offenders. All that is now history.
"There is absolute peace in Zamfara State today because people have abstained from committing crimes. The rate of crime is very low in the state. The Muslims are fully Shariah compliant while the non-Muslims are very cooperative," he said.
Governor Shinkafi said both Muslims and non-Muslims in the state are now very conversant and appreci-ative of the tenets of Shariah which guarantees peace and harmony among them.
He said Muslims in the state were now aware that Shariah has no alternative and so they have decided to respect its teachings. He said the people are now policing themselves to ensure that only the correct things are done.
"Those that were saying that it was only a matter of time the Shariah, would be outlawed or that it was a political Shariah have now been proved wrong. The Shariah has now brought Muslims and Christians in the state very close. The two communities live together in peace.
"Now you cannot find a beer parlor or a brothel in the state. Armed robbers who were mostly being harboured by prostitutes have no where to live in Zamfara since the prostitutes do not exist there any more," he said.
Governor Shinkafi expressed satisfaction with the good rapport existing between the Muslim and Christian communities in the state which he said was as a result of the Shariah being practiced in the state.
He said the effect of the Shariah has gone beyond the 12 states that introduced it, adding, "When you go to places like Enugu State and see those female Fulani that go about half nude before the introduction of Shariah, they now dress in veils (Hijab). The essence of the Shariah as we have been saying always is not to punish but to educ-ate and correct the people.
"Again, to tell you how the people value Shariah and take the teachings very seriously, just last week I was invited to distribute over N8 million zakkat collected from only one local government in Zamfara. In the past, you hardly saw anybody coming out to give zakkat.
"So, the people are now happy practicing the moral teachings of Shariah. Nobody can come and change Shariah now in Zamfara because it has become the way of life of the people," he said.
He said his administration was now addressing the problems of poverty and education which he said has been the major problems of the people.
He said government was now funding Islamiyya scho-ols and was building classr-ooms for them with a view to modernizing the system. He said the government has also improved girl-child education in the state.

Let Us Codify Shariah Laws

by Samar Fatany, Arab News

The judicial system has often been criticized at home and abroad for its failure to administer justice, largely due to inadequate legal procedures, red tape and rigid interpretation of Shariah law by some of the appointed judges.
Many legal experts have pointed out that the problem with the current system is both qualitative and quantitative. Courts are overburdened, and there is an acute shortage of judges; therefore, courts may take years to rule on simple cases of divorce or family disputes. Furthermore, bureaucracy and red tape create further delays.
Custodian of the Two Holy Mosques King Abdullah announced a major project to reform the judicial system, and SR7 billion has been allocated to upgrade courts and to train judges in an attempt to reform the entire judiciary. Planned changes include establishing special criminal courts and family courts along with courts for issues related to traffic, the economy, business and sports.
The Ministry of Justice has defined the new jobs that will be available with the start of the specialized courts this year. The ministry will also provide legal training to guarantee more qualified judges and lawyers.
However, Muslim scholars believe that more drastic measures need to be taken to achieve successful reforms.
“To reform the judiciary, we need to reform the Shariah colleges first and upgrade the level of these institutions,” said Dr. Tarek Al-Suwaidan, a prominent Muslim scholar. “There should be a more advanced curriculum, and the teaching standards should be enhanced.”
The reason behind the poor quality of education in these very important institutions is the poor academic standard of their students. The students who enroll in these colleges are the ones who graduate from school with poor or average grades; therefore, they are not usually the brightest. Furthermore, their studies are mostly confined to subjects related to Islamic jurisprudence.
Al-Suwaidan urged the creation of well-rounded Muslim scholars and judges familiar with international law and educated on aspects of modern-day needs and concerns. Students who join Shariah colleges should have a bachelor’s degree in business, law or other specialized fields to make them more knowledgeable and guarantee a higher standard of qualification. Shariah law graduates should be well-versed in current commercial laws and be familiar with cyberspace crime, copyright violations or labor issues.
The inadequacy of current judges and their narrow breadth of knowledge have created many grievances and denied both nationals and expatriates their right to fair trials and legal representation in the Kingdom.
When the Prophet (peace be upon him) spoke more than 1,400 years ago, he tailored his words to the people of that time and addressed the issues of those days in terms understandable to much simpler people in much simpler times. In a world made smaller by transportation and telecommunications networks and a world of great cities and global commerce, it is incumbent upon the keepers of Shariah law to ensure the relevance of its interpretation in the daily lives of the millions of adherents to Islam today.
For judges to ignore such advancements either through ignorance or tunnel vision is to jeopardize the relevance of Shariah law in a modern world — an attitude that draws the derision of the world when a young rape victim, already sentenced to prison and corporal punishment, has her sentence increased because she spoke to a newspaper. What message is sent to the people of this Kingdom and the world, for that matter, when a gang of rapists gets sentences of a few years because of “mitigating” circumstances?
The Qatif rape case received public and international condemnation, and there was strong public pressure demanding her acquittal. However, the Saudi judiciary refused to alter its sentence until Custodian of the Two Holy Mosques King Abdullah finally intervened to save the poor victim from the brutal sentence.
What do we tell our own people or the world, for that matter, about how we value the rights of women when her brothers can order her divorce because they don’t approve of the husband their late father chose? The brothers’ contention was that she had shamed her tribe, but we as a people should be ashamed of a legal system where such a case could be initiated, where a family could be broken up and a mother and her children could be forced to live in a shelter. We should support our leaders in their efforts to reform such a system.
How can we take pride in a system that denies a mother’s petitions to gain custody of a child from her abusive husband that becomes moot after the man beats his child to death?
The National Society for Human Rights recently published a report that strongly criticized the judicial system for failing to serve justice. The report outlined many human rights violations, among them rampant discrimination against women, essentially sanctioning domestic violence, awful conditions in Saudi prisons, and the maltreatment of non-Saudis in the Kingdom. The report also railed against the actions of the Commission for the Promotion of Virtue and Prevention of Vice in its dealings with law-abiding citizens.
“We need to establish civic courts administered by judges who have graduated from law colleges with degrees obtained from abroad,” said Kamel Ahmad Al-Shamsi, a Saudi legal expert. “We need to use the expertise of other, more advanced Arab countries in civic law and sign contracts with cadres who can serve as consultants and judges.”
It is unfortunate that these views are not shared by many of the Saudi judges who insist that students should learn through apprenticeships and with scholars who can trace their learning to Islam’s roots — not from qualified law professors. This is the reason behind the lack of a globally accepted qualification of a Shariah scholar and the absence of globally accepted standards for Shariah rules. Shariah rules continue to be subject to different interpretations from different Muslim scholars who are reluctant to codify Shariah laws, and there is a lack of consensus on many issues that are of major concern to Muslims today.
Some Shariah experts say it may take more than a decade to train more scholars, and even the optimistic ones do not expect a new generation of qualified scholars for at least five years. However, Muslim scholars cannot afford to lag behind and miss the global opportunities for progress and development, they must contribute toward the advancement of their societies. Any misstep could lead our people back to an impoverished past instead of a prosperous future.
The rest of the world will not stop and give us a decade to figure it out. Our indecision and acquiescence on such matters just improve the chances for other nations to better the lives of their people at our expense.
Sheikh Nizam Yaquby, one of the most respected Shariah scholars, recently told reporters that it is essential to train more scholars for Islamic bank supervision to keep up with the global demand. He said: “There are roughly 50 to 60 scholars in the world qualified to advise banks on Islamic law, and as many as ten times more are required to serve in the Middle East alone.” The London-based Chartered Institute of Management Accountants said: “The rapid growth of Islamic banking had fueled a need for Muslim financial experts. However, scholars must be experts in Islamic law and Islamic banking and, at the same time, have a thorough knowledge of conventional laws and banking systems, which requires a high standard of English.”
Reforming the legal system and training more judges will not be easy; however, it should continue to be a government priority. It is essential for our scholars to be globally connected with the needs and concerns of the international Muslim community. The codification of the Shariah law is, therefore, necessary. Moreover, it is essential not only to outline the rights and duties of citizens and expatriates alike but also to define the responsibilities and limits of all religious officials.
No one should be above the law — not judges, not members of the Commission for the Promotion of Virtue and Prevention of Vice, not the wealthy, not religious scholars. Our country will prosper only when our citizens and our guest workers are guaranteed the protection of the law. Future generations will be able to contribute and compete with the rest of the world only if they are assured the implementation of justice for all — and all can only mean everybody.