Capital Punishment in Islam
What crimes are punishable by death in Islam? How does the death penalty reconcile with Islamic virtues of mercy and forgiveness?
"...If anyone kills a person - unless it be for murder or for spreading mischief in the land - it would be as if he killed all people. And if anyone saves a life, it would be as if he saved the life of all people" (Qur'an 5:32).
Life is sacred, according to Islam and most other world faiths. But how can one hold life sacred, yet still support capital punishment? The Qur'an answers, "...Take not life, which God has made sacred, except by way of justice and law. Thus does He command you, so that you may learn wisdom" (6:151).
The key point is that one may take life only "by way of justice and law." In Islam, therefore, the death penalty can be applied by a court as punishment for the most serious of crimes. Ultimately, one's eternal punishment is in God's hands, but there is a place for punishment in this life as well. The spirit of the Islamic penal code is to save lives, promote justice, and prevent corruption and tyranny.
Islamic philosophy holds that a harsh punishment serves as a deterrent to serious crimes that harm individual victims, or threaten to destabilize the foundation of society. According to Islamic law (in the first verse quoted above), the following two crimes can be punishable by death:
- Intentional murder
- Fasad fil-ardh ("spreading mischief in the land")
Intentional Murder
The Qur'an legislates the death penalty for murder, although forgiveness and compassion are strongly encouraged. The murder victim's family is given a choice to either insist on the death penalty, or to pardon the perpetrator and accept monetary compensation for their loss (2:178).
Fasaad fi al-ardh
The second crime for which capital punishment can be applied is a bit more open to interpretation. "Spreading mischief in the land" can mean many different things, but is generally interpreted to mean those crimes that affect the community as a whole, and destabilize the society. Crimes that have fallen under this description have included:
- Treason / Apostacy (when one leaves the faith and joins the enemy in fighting against the Muslim community)
- Terrorism
- Land, sea, or air piracy
- Rape
- Adultery
- Homosexual behavior
Actual methods of capital punishment vary from place to place. In some Muslim countries, methods have included beheading, hanging, stoning, and firing squad. Executions are held publicly, to serve as warnings to would-be criminals.
It is important to note that there is no place for vigilantism in Islam -- one must be properly convicted in an Islamic court of law before the punishment can be meted out. The severity of the punishment requires that very strict evidence standards must be met before a conviction is found. The court also has flexibility to order less than the ultimate punishment (for example, imposing fines or prison sentences), on a case-by-case basis
Suicide Bombers in Islam
Why do they do it, and what does Islam say about their actions?
zSB(2,5);
"And fight in the way of Allah those who fight you. But do not transgress limits. Truly Allah loves not the transgressors."
- Qur'an, Surah Al-Baqarah (2:190)
The dangerous escalation of violence in the world is disturbing to all people of conscience, from September 11 to the Middle East battles, and other random acts of violence perpetrated at innocent civilians.
In the fight against terrorism of all forms, it is important to understand who or what is our enemy. We can only fight against this horror if we understand its causes and motivations. What motivates a person to lash out in this violent, inhumane way? That is something that all of us -- mental health professionals, politicians, and common people -- need to understand, so that we can address the issues more honestly, prevent more violence, and find ways to work towards lasting peace.
In Islam, several things are clear:
- Suicide is forbidden. "O ye who believe!... [do not] kill yourselves, for truly Allah has been to you Most Merciful. If any do that in rancour and injustice, soon shall We cast him into the Fire..." (Qur'an 4:29-30).
- The taking of life is allowed only by way of justice (i.e. the death penalty for murder), but even then, forgiveness is better. "Nor take life - which Allah has made sacred - except for just cause..." (17:33).
- In pre-Islamic Arabia, retaliation and mass murder was commonplace. If someone was killed, the victim's tribe would retaliate against the murderer's entire tribe. This practice was directly forbidden in the Qur'an (2:178-179). Following this statement of law, the Qur'an says, "After this, whoever exceeds the limits shall be in grave chastisement" (2:178). No matter what wrong we perceive as being done against us, we may not lash out against an entire population of people.
- The Qur'an admonishes those who oppress others and transgress beyond the bounds of what is right and just. "The blame is only against those who oppress men with wrongdoing and insolently transgress beyond bounds through the land, defying right and justice. For such there will be a chastisement grievous (in the Hereafter)" (42:42).
- Harming innocent bystanders, even in times of war, was forbidden by the Prophet Muhammad (peace be upon him). This includes women, children, noncombatant bystanders, and even trees and crops. Nothing is to be harmed unless the person or thing is actively engaged in an assault against Muslims.
The predominant theme in the Qur'an is forgiveness and peace. Allah (God) is Merciful and Forgiving, and seeks that in His followers. Indeed, most people who spend time on a personal level with ordinary Muslims have found them to be peaceful, honest, hard-working, civic-minded people.
Please visit the links above to read what Muslim scholars and Islamic governmental leaders have recently declared about this subject.
"O ye who believe! Remain steadfast for Allah, bearing witness to justice. Do not allow your hatred for others make you swerve to wrongdoing and turn you away from justice. Be just; that is closer to true piety."
- Qur'an, Surah al-Maidah (5:8)
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