Can Taking a
Life Be Justified?
هل يعتبر سفك
الدم مبررًا؟
(English – اللغة الإنجليزية)
The
religion of Islam includes a basic set of rules designed to protect the
rights and freedoms of individuals and communities. It is a doctrine concerned
with respect, tolerance, justice, and equality. The Islamic concepts of freedom
and human rights are imbedded in and guaranteed by the Sharia
(Islamic Law). Islam establishes a legal framework, and embodies a code of
ethics, designed to protect the rights of an individual including his or her
right to live in a secure community.
The
Prophet Muhammad said, “Whosoever wakes up (in the morning)
feeling that he is secure in his community, free from ailments and diseases in
his body, and has enough provision for a single day, it is as if he owns the
entire world.”[1]
The
Sharia is concerned with preserving five basic rights: the right to practice
religion, the protection of life, the safeguarding of the mind or intellect,
the preservation of honour and family, and the sanctity of wealth and
property. It is a moral and ethical base in which individual rights are
upheld but not permitted to overshadow the rights of the community.
Islamic
law contains comprehensive principles and general rules that take
into consideration the changing circumstances of society, as well as the
constancy and permanence of human nature. While the Sharia combines
stability, flexibility, and firmness, it has set down immutable punishments for
certain crimes, that are not affected by changing conditions and circumstances.
One of these punishments is the death penalty.
There
are only two categories of crimes for which the death penalty can be applied
under Sharia law. One is murder and the other is for crimes against the
community (sometimes known as spreading mischief). One of the core
principles of Islam is that a cohesive and secure community is absolutely
paramount. Crimes that threaten the community include treason, apostasy
(when one leaves the religion of Islam and actively turns against it), piracy,
rape, adultery, practising magic and homosexual activity.
“… We ordained ... that if anyone
killed a person not in retaliation of murder, or (and) to spread mischief in
the land - it would be as if he killed all mankind, and if anyone saved a life,
it would be as if he saved the life of all mankind.” (Quran
5:32)
It is
important to understand that there is no place for vigilantism in Islam.
A person accused of a crime must be properly convicted in an Islamic court of
law before any punishment can be meted out. In the case of the death
penalty the severity of the punishment requires that very strict evidence standards must be met before a conviction is found.
There
are three categories of punishment in the Sharia. Hadd punishments,
for crimes against the community are those that are divinely prescribed in the
Quran or the authentic traditions of Prophet Muhammad. They cannot be
changed. These punishments can only be carried out by a Muslim ruler or his
deputy. It is not permissible for individual Muslims to carry out the hadd
punishments (which sometimes include the death penalty) because of the chaos
and tribulation it would cause in the community.
The
second form of punishment, specifically for murder or serious assault, is
called Qisas. 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 the death penalty.[3] Quran urges families and victims to forgive and
show mercy even in the direst of circumstances.
“And there is (a saving of) life for
you in Al-Qisas (the Law of Equality in punishment), O men of understanding,
that you may become pious.” (Quran 2:179)
All
other crimes fall into the third category, Ta'zir, which is a discretionary punishment decided by the
court.
God
sent down His book of guidance the Quran, He gave humankind Islam, the final
message and completion of all religions, He sent Prophet Muhammad, a man
capable of leading humankind into a new era of tolerance, respect, and
justice. The words of Quran and the authentic traditions of Prophet
Muhammad contain rights and responsibilities granted by God to humankind.
They are not subject to the whims and desires of men and women or the changing
allegiances of governments and corporations.
Islamic
law, the Sharia, God’s laws are embed with justice, mercy and forgiveness;
it does not involve taking human life unnecessarily.
“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.” (Quran 57:25)
“O
you who believe, be upholders of justice, witnessing for God alone.” (Quran 4:135)
Even
on the rare occasions when the death penalty is called for it is carried out
under humane conditions and holds the promise of forgiveness and eternal
paradise.
Postscript: It must be noted that individuals, groups and
countries have perpetrated great crimes in the name of Islam and in the name of
Sharia law. Men women and children have been condemned to death without
the benefit of the strict evidence standards demanded by the Sharia and without
the sense of justice and forgiveness that are characteristic of the teachings
of Quran and the authentic traditions of Prophet Muhammad.
Footnotes:
[3] Punishment in Islam: An Eye for an
Eye?” Al-Haramain Online Newsletter, Volume 4, Issue 8, July 2000.
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