العقوبات الإسلامية

Islamic Punishments

• Islamic punishments are considered a prescribed consequence in Islamic law for the benefit of the community.
• The community imposes this punishment on the offender by the command of the lawgiver.
• The purpose is to uphold justice, safeguard virtue and ethics and protect the community or rights of individuals for stability and security.
• The Islamic perspective on punishment has two approaches:
  • The first approach views punishment as a general necessity without specifics, considering its suitability for the crime to achieve its intended goals of upholding justice.
  • The second approach involves examining each punishment individually, looking at the specifics of each crime and the corresponding punishment, considering the circumstances.

Basis of Punishment

• Punishment is based on several key principles, including:
  • Separation of powers
  • Protection of individual freedoms
  • Connection to ethical principles

First Principle: Separation of Powers

• Powers are divided into legislative, judicial, and executive.
• The judicial power is tasked with understanding the details of each crime and its context.
• The role of the executive branch is in applying the rulings of the judicial branch through proper execution procedures.

Second Principle: Protecting Individual Freedom

• Islam values human beings and considers them honorable creations.
• Forcing someone to confess to a crime they didn't commit is prohibited in Islam.
• There should not be any coercion or pressure on any individual's freedom to confess to a crime.

Third Principle: Connection to Ethical Principles

• Islamic law connects punishment to ethical principles and values derived from the Islamic faith.
• The aim of punishment is not retribution but rather an educational opportunity for correction and deterrence.
• The law prioritizes justice in addressing problematic situations within the community.

Conditions of Punishment

• Punishment must be legally permissible based on texts from Islamic sources (Quran, Sunnah, or a legislatively approved Islamic law).
• It should be imposed on the perpetrator and not affect others.
• It should apply equally to all people without discrimination.

Aim of Punishment

• Punishment is intended to please God, safeguarding the community.
• It maintains virtue and prevents the spread of vice.
• It safeguards the community's interests and protects them from harm.
• Punishment deters crime and discourages potential perpetrators.
• It rectifies the actions of wrongdoers and cautions others.

Doubts Concerning Punishment

• Some individuals claim that Islamic punishments do not align with modern times or societal values.
• They argue that the punishments are excessively harsh and do not consider the offender's mental state.
• The purpose of punishment in Islam is maintaining faith and protecting people, possessions, and intellect; this is in contrast to mere retribution.
• The creator, who is compassionate and knowledgeable, has established these punishments for a purpose, and the implementation of these punishments prevents further harm.
• The punishment is considered a deterrent to prevent others from committing similar offenses.
• If the perpetrator doesn't deserve this punishment, then the system of Divine judgment will deal with the issue on the day of judgment.
• These punishments are a measure to prevent the spread of injustice and to protect those harmed.
• Application of punishment in Islam has historically delivered a different outcome than many Western countries' systems, demonstrating security and stability.