Introduction

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. Every religion has
specific teachings about future wrongdoing. Allah, the All-Mighty; the ultimate Creator of each
and every thing in the entire universe sent His Books and Prophets as ‘manual’ and
‘instructor’respectively, for the welfare of whole humanity. All-Mighty Allah sent His last
‘manual’ in the form of the Holy Qur’ân and last ‘instructor’ as Prophet Muhammad – upon
whom Blessings and Salutations of All-Mighty Allah are – to the whole of humanity.

Shari`ah (Islamic Law) is the code of conduct followed by Muslims and has
its basis in two main sources: the Qur’ân and the Sunnah of the Prophet. it guides every aspect of
the human life, whether worships, marriage, divorce, economics, civil law, criminal law,
international law, human rights, minority rights, etc.

The Shari`ah prescribes a complete code of laws to guide mankind towards establishing
‘Good’ (Ma`roof) and removing ‘Evil’ (Munkar) from society.

The scope of the Shari`ah is much wider, because it regulates an individual’s

relationship not only with one’s neighbours and the state but also with God and one’s
conscience. As opposed to the other systems of law, the Shari`ah operates within the internal and
external domains of an individual (inner conscience and external social relations).

As opposed to secular legal systems, which grew out of society and changed
with the changing circumstances of society, Shari`ah law was imposed upon
society from All-Mighty Allah. Under Muslim law, it is not the society that molds
and fashions the law, but rather the law that precedes and controls the society.
 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
theories are flawed by human imperfection. Justice is the ruling spirit of Islamic law, which is
known as the Shari`ah. One of the main reasons for which the Prophets (peace be upon them all)
were sent were to guide mankind to justice.

In this connection, Allah, Most High, says, (We sent our messengers with clear signs and
sent down with them the Book and the Balance so that men may conduct themselves with
justice.) (Al-Hadid 57: 25) and [O you who believe, be upholders of justice, witnessing for Allah
alone. ) (An-Nisaa‘ 4: 135)

Changes in the world as well as the changing definition of concepts such as “civilized”,
“equality”, “freedom”, and “justice” have caused a critical light to shine upon Islamic laws. Such
critics charge that the Shari`ah, in view of the changing world, is an outdated system of laws in
need of amendment, replacement or abolishment. Views of this sort express rejection of divine
guidance and even worse, rejection of the wisdom of our Lord who has put us on this earth with
a purpose in life and a set of rules to live by and achieve that purpose. These rules are the
ultimate criterion of justice and mercy and cannot nor need not be changed or measured against
the changes and desires of society.

There are basically three categories of punishments in Shari`ah:

The first is Hadd, which includes divinely prescribed forms of fixed punishment based upon the
Qur’an and Sunnah. These are punishments set to preserve the public interest; they cannot be
lightened nor made heavier, nor can the offender be pardoned. They instill a deep feeling of
abhorrence in the society towards the crime for which the offender has been punished. Such
crimes include drinking alcohol, armed robbery, theft, illicit sexual relations, apostasy, and
slanderous accusations of promiscuity.

The second form is called Qisas, which is the punishment for homicide and assault. Whenever a
person causes physical harm or death to another, the injured or family of the deceased has the
right to retaliation. A unique aspect of Qisas, is that the victim’s family has the option to insist
upon the punishment, accept monetary recompense, or forgive the offender, which could even
avert capital punishment. This leaves the door open to compassion and forgiveness. Settlements
are therefore encouraged outside of court, as a judge must exact the punishment.

All other crimes fall into the third category,Ta`zir, which is a discretionary punishment decided
by the court. So, in the light of this, one cannot just brandish Islamic penal codes as being too
harsh or inhumane while neglecting the fact that the source of those penal codes is the Mighty

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God. Everything with Him has been measured with absolute perfection. This perfection is
reflected in the strict procedures laid down before a person can be convicted and punished.

Actually, all forms of punishment stipulated by Shari`ah are more reforming and more
successful in preventing recurrent crime than the man-made legal systems whose futility is
proved and confirmed by daily incessant crimes, with prisons becoming homes to homosexuality
and schools for harboring criminal behavior.

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 Conclusion

As punishment by definition entails the deliberate infliction of pain, it certainly needs to

be justified morally. As mentioned above, there are three basic punishments in Shari’ah in which
clearly, the prosecution depends entirely on the will of the victim.

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REFERENCE

https://www.academia.edu

https://archive.islamonline.net