Merits of Islam
Benefits of being a Muslim
Excellent features of Islam
Islamic Beliefs
Oneness of God (Tawheed)
Life of other Prophets
Coping with Sects Attributed to Islam
Various Recommended Deeds
Islamic Lifestyle, Morals and Practices
General Morals and Practices
Dietary Laws
Approaching the Quran
Explanation of Selected Passages
Hadith and Sunnah
Selected Sayings
His Biography
His Companions
Interaction with non-Muslim
The Muslim community
Rights of others
Increasing faith
Means to increasing faith
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The Testimony of Faith
An Introduction to Pillars of Islam andArticles of Faith (part 1 of 2)
Some Common Questions by Recent Converts
Importance of Seeking Knowledge
Paradise (part 1 of 2)
The Night Journey
How to Pray for a Recent Convert (part 1 of 2)
Breaking the News to Family (part 1 of 2)
Getting Adjusted To the Muslim Community
Keeping Good Company
Belief in Allah (part 1 of 2): The Categories ofTawheed
Belief in Allah (part 2 of 2): Shirk, the Opposite ofTawheed
Belief in Prophets
Belief in Scriptures
Belief in Angels
Belief in the Day of Judgment
Belief in Divine Decree (part 1 of 2)
Study Methodology for a New Muslim
Let's Meet Muhammad (part 1 of 2)
Preservation of the Holy Quran
The Importance of Prayer (Salah)
Etiquette of the Ritual Bath (Ghusl)
Ablution (Wudoo)
Prayer for Beginners (part 1 of 2): Before you Pray
Prayer for Beginners (part 2 of 2): A Description of the Prayer
Spiritual Benefits of Prayer
Medical Benefits of Prayer
Manners of Relieving Oneself
Introduction to Dietary Laws in Islam
An Introduction To Muslim Family (part 1 of2)
An Introduction To Muslim Family (part 2 of 2)
Love of God and How to achieve it (part 1 of 2)
An Introduction to Fasting
How to Fast
Eid and End of Ramadan
Where Is Allah?
Abraham (part 1 of 2)
Simple Explanation of Surah Al-Fatiha
Simple Explanation of Three Short Surahs of Quran
Beginners Guide to the Quran (part 1 of 3)
Beginners Guide to the Quran (part 2of 3)
Beginners Guide to Hadith & Sunnah
The Importance of Prayer
Pre-requisites of Prayer
Hygiene in Islam
Bathing (Ghusl)
Performing Two Units of Prayer
Performing Three Units of Prayer
Performing Four Units of Prayer
General Points About Prayer
A Day in the life of a Muslim (part 1 of 2): From Waking uptill late Morning
A day in the life of a Muslim (part 2 of 2): From Noon to Bed
Fate of Non-Muslims
Repentance (part 1 of 3): Door to Salvation
Repentance (part 2 of 3): Conditionsof Repentance
Repentance (part 3 of 3): Prayers of Repentance
Can We See Allah?
Preservation of Sunnah (part 1 of 4)
Eating – The Islamic Way (part 1 of 2)
Simple Explanation of Quran's Greatest Verse: Aaya tul-Kursi
Wiping Over Socks, Making Up Prayers, and Prayer of a Traveler
Omens
Charms and Amulets
Adhan (part 1 of 2): The Call to Prayer
Shirk & its Types (part 1 of 3)
Recommended Acts of Ritual Bath (Ghusl)
Reflections on Surah al-Fatiha (part 1 of 3)
Dry Ablution (Tayammum)
Introduction to Sects (part 1 of 2)
Protection from Evil (part 1 of 2)
Perfecting Our Character
Introduction to the Purification of the Soul (part 1 of 2)
The Islamic Dress Code (part 1 of 3)
The Islamic Dress Code (part 2 of 3): Awrah & Mahrams
The Islamic Dress Code (part 3 of 3): Prayer & Wisdom
Satan: Humankind's Worst Enemy (part 1 of 2)
Supplication (part 1 of 2)
The Mercy of Allah (part 1 of 2)
Role Models in Islam (part 1 of 2): The First Generation of Muslims
Role Models in Islam (part 2 of 2)
Trials and Tribulations after Conversion (part 1 of 2): Allah's mercy is embedded in the difficulties of life
Trials and Tribulations after Conversion (part 2 of 2)
Manners of Attending a Mosque (part 1 of 2)
Good Habits for New Muslims to Develop
Glimpses from the Life of Prophet Noah
Friday Prayer (part 1 of 2)
Glimpses from the Life of Prophet Ibrahim
Marriage Advice (part 1 of 2)
Marriage Advice (part 2 of 2): Practical Steps
Rights & Responsibilities of Husbands & Wives
The Nuts & Bolts of an Islamic Marriage
Glimpses from the Life of Prophet Lot
How to Deal with Sadness and Worry (part 1 of 2): Patience, Gratitude and Trust
How to Deal with Sadness and Worry (part 2 of 2): Establish a relationship with Allah
Glimpses from the Life of Prophet Yusuf
Istikharah Prayer
Glimpses from the Life of Prophet Ayub
Easy Guide to Zakah (part 1 of 2)
Glimpses from the Life of Prophet Musa
Should I Change My Name?
Glimpses from the Life of Prophet Isa
Dealing with Doubts
A Brief Biography of Prophet Muhammad (part 1 of 2): The Meccan Period
A Brief Biography of Prophet Muhammad (part 2 of 2): The Madinan Period
Drugs, Alcohol, & Gambling (part 1 of 2)
World of Jinn (part 1 of 2)
Voluntary Prayers
Treatment of Animals
Lying, Backbiting and Slander (part 1 of 2)
Increasing Faith (part 1 of 2): Why faith is not always at a steady level
Increasing Faith (part 2 of 2): Increase your faith (Imaan) and earn rewards
Voluntary Fasts
Signs of the Day of Judgment (part 1 of 2): The Minor Signs
Signs of the Day of Judgment (part 2 of 2): The Major Signs
Adultery, Fornication, & Pornography (part 1 of 2)
Islamic Guidelines for Gender Interactions(part 1 of 2)
Islamic Guidelines for Gender Interactions (part 2 of 2)
Introduction to Shariah (part 1 of 2)
Acts that Correspond to Human Nature (Sunan ul-Fitrah)
Eid ul-Adha from A to Z (part 1 of 3)
Innovation in Islam (part 1 of 2): Two Types of Bidah
Innovation in Islam (part 2 of 2): Is this a bidah?
Ramadan: The Last Ten Nights
Umrah (part 1 of 2)
Concept of Sins in Islam (part 1 of 3)
Parenting in Islam (part 1 of 2)
Major Sins in Islam (part 1 of 2): What is a Major Sin?
Major Sins in Islam (part 2 of 2): Major Sins and How to Repent from Them
The Pilgrimage (Hajj) (part 1 of 3)
The Rightly Guided Caliphs: Abu Bakr (part 1 of 2)
The Rightly Guided Caliphs: Umar ibn Al-Khattab (part 1 of 2)
The Rightly Guided Caliphs: Uthman ibn Affan (Part 1 of 2)
The Rightly Guided Caliphs: Ali ibn Abi Talib (part 1 of 2)
Events on the Day of Judgment (part 1 of 3): The Day Begins
Events on the Day of Judgment (part 2 of 3): Before the Judgment
Events on the Day of Judgment (part 3 of 3): Judgment Begins
Interest in Islam (part 1 of 2)
An Explanation of Surah Al-Asr
The Questioning in the Grave (part 1 of 2): Death is not the End
The Questioning in the Grave (part 2 of 2): Your Place until the Day of Judgment
The Fruits of Taqwa (part 1 of 2)
An Explanation of Surah Al-Ikhlas
The Rights of Neighbours in Islam (part 1 of 2): The Kind Treatment of Neighbours
The Rights of Neighbours in Islam (part 2 of 2): Neighbours - Good and Bad
Those Shaded when there is no Shade (part 1 of 2): Allah's Mercy made Manifest
Those Shaded when there is no Shade (part 2 of 2): Striving to be Shaded
Sincerity in Worship: What is Ikhlas? (part 1 of 2)
Sincerity in Worship: Ikhlas vs. Riyaa (part 2 of 2)
Lawful Earning
The Companions of Prophet Muhammad: Salman Al-Farsi
The Companions of Prophet Muhammad: Bilal ibn Rabah
The Companions of Prophet Muhammad: Ammar ibn Yassir
The Companions of Prophet Muhammad: Zayd ibn Thabit
The Companions of Prophet Muhammad: Abu Hurayrah
Islamic Terms (part 1 of 2)
Khushoo in Prayer
Inviting Non-Muslims to the Right Path (part 1 of 3): Deliverthe Message in the Best Way Possible
Inviting Non-Muslims to the Right Path (part 2 of 3): Tawheed First
Inviting Non-Muslims to the Right Path (part 3 of 3): Inviting Family, Friends and Colleagues
Trust & Reliance in Allah
Who Is a Good Friend? (part 1 of 2)
Pride and Arrogance
The Mothers of the Believers (part 1 of 2): Who are the Mothers of the Believers?
The Mothers of the Believers (part 2 of 2): Altruism & Alliances
Getting Involved in the Muslim Community
Ummah: The Muslim Nation
Simplified Rules of Islamic Divorce (part 1 of 2)
The Role of a Muslim Scholar (part 1 of 2)
The Benefits of Being a Muslim
Sacred Cities; Mecca, Medina, & Jerusalem (part 1 of 2)
Prayers – Advanced (part 1 of 2)
Prayers - Advanced (part 2 of 2)
The Purpose of Life
Why & How to Learn the Quran (part 1 of 2)
Miracles of the Prophets
Meat of the People of the Book (part 1 of 2)
Dhikr (Remembering Allah): Meaning & Blessings (part 1 of 2)
Intercession on Judgment Day (part 1 of 2)
Virtues of the Quran (part 1 of 2)
Good Morals (part 1 of 2)
The Islamic Golden Age (part 1 of 2)
Social Media in Islam
Leisure, Fun and Entertainment
Astrology and Fortune-telling
Miracles of Prophet Muhammad (part 1 of 2)
Bad Morals to Stay Away From (part 1 of 2)
The Spiritual Benefits of Fasting and Charity
Detailed Biography of Prophet Muhammad - Meccan Period (part 1 of 3)
Detailed Biography of Prophet Muhammad - Meccan Period (part 2of 3)
Detailed Biography of Prophet Muhammad - Meccan Period (part3 of 3)
Level 10 (26)
What is Jihad?
Prophet Adam: Beginning of Humankind (part 1 of 2)
An Explanation of Surah Az-Zalzalah
Morals of Prophet Muhammad (part 1 of 2)
Preserving the Environment
Crime and Punishment in Islam (part 1 of 2)
Prostration of Forgetfulness
Introduction to Hadith Terminology
Detailed Biography of Prophet Muhammad - Madinan Period (part1 of 3)
Detailed Biography of Prophet Muhammad - Madinan Period (part 3 of 3)
Story of Creation (part 1 of 2)
Funeral Rites (part 1 of 2)
Islamic Wills and Inheritance (part 1 of 2)
Prophetic Narrations: Sincerity
Understanding Media Stereotyping
Health and Fitness (part 1 of 2)
Intimate Issues
Islam Began as Something Strange
Merits of Islam (8)
Benefits of being a Muslim (3)
Excellent features of Islam (5)
Islamic Beliefs (57)
Oneness of God (Tawheed) (12)
Articles of Faith (16)
Hereafter (13)
Life of other Prophets (12)
Coping with Sects Attributed to Islam (4)
Acts of Worship (63)
Zakaah (2)
Hajj (5)
Various Recommended Deeds (11)
Islamic Lifestyle, Morals and Practices (48)
General Morals and Practices (32)
Dietary Laws (7)
Financial Transactions (2)
The Holy Quran (17)
Approaching the Quran (7)
Explanation of Selected Passages (9)
Hadith and Sunnah (6)
Selected Sayings (2)
His Biography (16)
His Companions (13)
Coping with change (8)
Interaction with non-Muslim (1)
The Muslim community (14)
Rights of others (0)
Increasing faith (18)
Means to increasing faith (10)
Self Purification (4)
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Level 10 :: Lesson 9
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Description: A more detailed explanation of the forms of punishment and an explanation on the objectives of the Islamic penal system.
By Imam Mufti (© 2016 NewMuslims.com)
Published on 22 Aug 2016 - Last modified on 25 Jun 2019
Printed: 141 - Emailed: 0 - Viewed: 6934 (daily average: 4)
Category: Lessons >	Islamic Lifestyle, Morals and Practices >	General Morals and Practices
· To learn about the prescribed punishments for hadd crimes, retribution, and discretionary punishments.
· To learn about the three objectives of the Islamic penal system.
Arabic Terms
· Hadd - fixed offences.
· Shubha - uncertainty.
· Sunnah - The word Sunnah has several meanings depending on the area of study however the meaning is generally accepted to be, whatever was reported that the Prophet said, did, or approved.
Types of Punishments in Islamic Law
1- Prescribed Punishments for Hadd Crimes
Hadd crimes are defined as offences with fixed, mandatory punishments that are based on the Quran or the Sunnah of Prophet Muhammad, may the mercy and blessings of Allah be upon him. The principal purpose of the institution of prescribing these punishments is to deter acts harmful to the fabric of the society.
A distinctive feature of the law of hadd crimes is that the doctrine has made it extremely difficult to obtain a conviction. This is achieved by three factors:
(1) Strict rules of evidence to prove these crimes.
(2) Extensive use of the notion of shubha (uncertainty) in determining crimes to suspend the strict punishments in most circumstances.
(3) Limiting the definition of the crimes that carry the strict prescribed punishments so that many similar infractions fall outside the scope and cannot be punished with fixed penalties, but only at the discretion of the judge.
The crimes with fixed punishments are:
· Theft
· Highway robbery
· Unlawful sexual intercourse
· Unfounded accusation of unlawful sexual intercourse (slander, calumny, defamation)
· Drinking of alcohol
· Apostasy
Apostasy is defined as a Muslim making a statement or performing an action that takes him out of the fold of Islam. Its punishment was meant to be a remedy for problems that existed at the time of Prophet Muhammad. A group of tricksters would publicly enter Islam then abandon it in order to create uncertainty among the believers and make common people question the faith. The Quran relates this reality:
"A group from the People of the Scripture said: 'Believe in what is revealed to those who believe at the beginning of the day, then disbelieve at the end of the day, so perhaps they might return from faith.'" (Quran 3:72)
The prescribed punishment for apostasy was instituted to deter such behavior.
2- Retribution
This is another form of punishment in Islamic Law. The perpetrator of the crime is punished with the same injury that he caused to the victim. The criminal is killed if the criminal killed the victim. If he severed or injured a limb of the victim, then his own limb will be cut off or injured if it is possible without killing the criminal. Specialists are used to make this determination.
3- Discretionary Punishments
These are punishments that are not fixed by Islamic Law. They are for crimes that either infringe on the rights of Allah or the rights of an individual, but do not have fixed punishments or set expiations in the texts of the Quran or the Sunnah. They are the most flexible type of punishment because they take into consideration the needs of society and changing conditions. Islamic Law has defined different types of discretionary punishments ranging from reprimands to flogging, monetary fines, and imprisonment.
Objectives of the Islamic Penal System
First Objective: Islam seeks to protect the society from crime. Rampant criminal behavior makes the society unsafe to live in and endangers its very survival if left unchecked. Islam seeks to establish social cohesion and security, thereby promoting peace. It has legislated punishments that are meant to discourage crime. This purpose is mentioned in the following verse that discusses retribution and its effect on society:
"There is (preservation of) life for you in retribution, O people of understanding, that you may become pious." (Quran 2:179)
A criminal will think twice if he knows the negative consequences of his crime. Awareness of the punishment will give pause to the criminal to abstain from committing the crime in two ways:
a) The criminal who has already been subject to the punishment will most likely not repeat the crime again.
b) As for the rest of society, their awareness of the effects of this punishment will keep them from falling into the crime.
To thwart criminal behavior, Islam requires publicly announcing as to when it will be carried out based on the verse of the Quran:
"…A group of the believers should witness the punishment." (Quran 24:2)
Second Objective: Islam actually aims to reform the criminal. The Quran often mentions repentance in association with the crimes to highlight the fact that the door to repentance is always open. In some cases, Islam has made repentance a means of waiving a fixed punishment. For example, in reference to the punishment for highway robbery, Allah says in the Quran:
"…except for those who repent before you take hold of them. Then know that Allah is the Forgiving, the Merciful." (Quran 5:34)
Allah says regarding the punishment for fornication:
"It they both repent and mend their ways, then leave them alone. Verily, Allah is the Accepter of repentance, the Merciful." (Quran 4:16)
Allah says after mentioning the punishment for false accusation:
"… except for those who repent afterwards and makes amends, then indeed Allah is the Forgiving, the Merciful."
Allah also says after mentioning the prescribed punishment for theft:
"Whoever repents after his wrongdoing and makes amends, then indeed Allah will accept his repentance and indeed God is the Forgiving, the Merciful." (Quran 5:39)
This objective is more relevant to discretionary punishments where the judge takes into consideration the circumstances of the criminal and what will ensure his reformation.
Third Objective: The punishment is a recompense for the crime. It is undesirable to treat a criminal lightly who threatens the security of the society. The criminal should receive his just recompense. It is the right of society and its individual members to be secure. The Quran mentions this objective in conjunction with a number of punishments. For instance, Allah says:
"The thieves, male and female, cut off their hands as a recompense for what they have earned..." (Quran 5:38)
"The recompense for those who wage violent transgression against Allah and His Messenger and who go forth spreading corruption in the Earth is that they should be killed or crucified or that their hands and feet should be cut off on alternate sides or that they should be sent into exile…" (Quran 5:33)
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