43.Criminal laws under Islamic jurisprudence.
We find Islamic jurisprudence and criminal laws in the following verses (2:178-179; 5:33; 5:38; 5:45; 17:33; 24:2; 24:4) of the Quran. They are very harsh in meeting out justice to criminals. Non-Muslims, who are against Islam, target these laws calling Islamic laws very harsh and inhuman. But people viewing them in an impartial way will find these laws bring huge benefits to human society even though they seem to be harsh to people not subjected to injustice. If we come to understand the basic objective of bringing laws is to punish the perpetrators of crime, then can one come to a correct conclusion regarding Islamic laws. By awarding death sentence to a murderer, we cannot bring back the life of the murdered, awarding death sentence to a rapist does not bring back the chastity of the raped, though awarding punishments for economic offences may sometimes bring back lost properties, in majority of the cases punishment for the perpetrator does not bring complete relief to the victim of the crime in manmade laws. So, we come to understand that bringing back lost life, or chastity, or money, is not the objective of criminal laws promulgated.
But the target should be as follows: –
1. The punishment given to the criminal should prevent him from committing the crime again.
2. The punishment handed over to a criminal should hold back out of fear of others from doing the same.
3.Those affected/victim should believe that justice has been done to them.
There cannot be any other than the above three reasons for the criminal to be punished. The idea of the existence of prisons, police stations, courts, all over the world is to warn criminals not to repeat crimes, and to remind others of the consequences of committing the crime, at the same time calling on others to refrain from the very thought of crime itself.
No government in the world objects to punishing criminals. But most countries of the world are unable to bring down the crime rate with the help of the laws of the land. And the facilities given to prisoners tend to encourage criminals to commit crimes repeatedly.
We find the laws that are supposed to discourage criminals on the contrary emboldening them. What is the punishment given to criminals for theft, rape, murder, robbery, and other anti-socials? a few months or a few years of imprisonment. In most countries this is the quantum of punishment.
What is imprisonment? Other than not being free to come out, many of the very poor/paupers find prison life more comfortable in these countries. Poor people who lead a virtuous life find it difficult to get hold of a decent meal a day, on the other hand, the perpetrators of injustice and dishonesty are guaranteed three square meals a day. And facilities for entertainment like movies are arranged for them within the prison. And security for the perpetrators of crime is placed in such a way that no harm is done to them by the victims of the crime.
All these arrangements are made from the tax money paid by the victims who lose their lives, their money, their honor/chastity/morality/dignity/ etc. No good has been achieved by these name’s sake punishments and neither will any good take place. A person jailed 53 times was arrested again! A person who stole bicycles 15 times was arrested again! These kinds of news are what we get to read in the media. This means 53 times of imprisonment did not bring any change in that person, because he did feel he was punished and neither did he consider them a punishment.
Some people who come to know about the facilities available in prisons think ‘Why follow a virtuous life and suffer to get barely a meal a day when three meals a day is guaranteed in the prisons and resort to crime to have three meals a day comfortably. And it is still easier for them to plan their activities since they come into contact with like-minded people with better ideas. Prisons happen to exist as universities for criminals. There is an increase in criminals every year. We see the taxpayer’s money utilized to grow criminals. These are results of the so-called laws made with humanity. We need to ponder whether an affected person would derive satisfaction of mind. If we ask a person who lost his things to a robber, he won’t reply saying ‘feed him for six months’ or in the same light if you ask the son of murdered father neither would he answer ‘feed my father’s murderer for 14 years. Wouldn’t he want the murderer to be beheaded? What kind of a punishment would a girl raped expect when her entire future is bleak? The feelings and emotions of the victims and the affected should be taken into consideration while awarding sentences to the perpetrators of the crime.
Not viewing crimes from the point of the affected and looking them from a point of unaffected is the result of such laws being made where the feelings and emotions are not at all considered. But Islam takes into consideration the humane aspects of the affected. A person is awarded death sentence for having killed 10 people, and at the same time the president of the country is authorised to cancel the death sentence on a mercy petition sent by the murderer. This is seen widely in many countries. Though the criminal is not in any way related to the president of the country, the power to annul the sentence awarded to him talks of the feelings and emotions of the affected not being taken into consideration and neglected without any concern.
What Islamic law says is, for example when a person is found guilty of making another blind, the punishment is to make the perpetrator suffer the same. Eye for eye, tooth for tooth is the law in Islamic jurisprudence. If the person who lost the eye gives the perpetrator it is still deemed that the perpetrator has not been punished, or a compensation claim still lets the accused go unpunished.
Similarly in Islam when the heirs of the murdered request not to carry on the death sentence awarded to the murderer it is accepted by the authorities. We find Islam awarding the relative of the affected victim, the same right awarded to the presidents of countries of the world. Laws that should be promulgated in this way are the best in the opinion of unbiased people. If the affected person does not get himself mentally satisfied with the punishment awarded to the perpetrator, the chances of the victim himself turning into a perpetrator may arise. We have witnessed persons accused of murder being killed by relatives of the killed in retaliation when released on bail or while being escorted to courts. What is the reason behind this kind of situation? The reason is, the relatives of those killed come to a conclusion that the laws of the land do not render justice to the bereaved and even in case punishment is given it is not up to the grave crime committed. This is one of the important reasons that could be attributed to the rise in the crime rate.
Let’s look into the meaningful and intelligent Islamic laws.
1.Hands up to the wrist of men and women who steal, when proved beyond doubt should be severed postulates Islamic law.
a) When the hand is severed the way specified, he or she keeps away from stealing, and neither would be able to steal further.
b) The person would not contemplate stealing again. This is a goodness derived from the Islamic law.
c) And anyone venturing to steal for the first time in life will not get the courage to do it. The second goodness that results from Islamic law.
On seeing a person with a severed hand people would take caution in safeguarding their belongings.
People would not be able to remember the pictures of people displayed in public places as robbers. But a severed hand up to the wrist is a self-declaration. This is the third goodness to society.
The objective of awarding punishment is completely fulfilled here. And moreover, avoiding expenses incurred by way of maintaining the prisoners is a saving on the finances of the government. This law saves the taxpayers’ money from being wasted. Getting rid of prisons and recommending implementation of Islamic laws would lead to a deficit less budget being presented by the government.
Some express sorrow, pity, and anguish at the severing of the hands of those who steal, and they feel that is inhumane.
Let us refer to an example of a husband whose wife is on his deathbed gets robbed of the money he had for her medicines. Now what about the pity and anguish that is expressed at the plight of the person who has lost not only his money but also the life of his wife. Who can be held responsible for his plight?
Instead of expressing sympathy at the plight of a person with virtue and justice, these so-called people with so-called humanity pity the thief who brought the disaster to the victim.
Some people question the result of continuing to severely leave more and more people handless. The answer is it would never happen; severing the hand of one person who steals will definitely deter the courage of others to commit the crime. The number of hands to be severed will never increase.
Even if there is an increase in their numbers, it is still not an injustice.
We have mentioned the crime of theft as an example here, in fact the basics of all Islamic laws imply the same.
When the government immediately kills the one who is killed, there would be no one to do the same, when one believes if he breaks the teeth of another, his teeth will also be broken by the government, no one will ever dare to do the same. There were countless governments in this world in the past. All these governments have met with failure in their responsibility towards guaranteeing the safety and security of people and their belongings. People continue to live in fear and anxiety.
If a change in this situation has to be witnessed the question of mercy on criminals should never arise nor be encouraged. Islamic laws and ways of punishment should not be ignored with a narrow mind set, and ways of implementing the same has to be encouraged.
Instead of implementing laws that dress the criminals, there has to be a change where severe punishment is the only alternative. Only by implementing these strict laws can the world remain peaceful.
Some raise the question whether the severed hand would return on the accused being declared non guilty.
People who have undergone two to three years of imprisonment have returned after being found not guilty, the lost years of life spent in prison, after a found not guilty verdict could be returned? Is the counter question.
Moreover, in Islam no punishment is awarded in haste. A thorough investigation is confirmed before awarding the punishment.
The crime of prostitution entails death sentence only on production of four direct witnesses, and if the allegation is made by less than four people, they need to undergo a punishment of 80 whiplashes says the Quran in the verses 24:4, 24:13.
In an Islamic government few criminals can escape punishment without proper witnesses, at the same time an innocent never gets punished.
While the existing laws of the world that are supposed to ensure law and order have failed in this aspect, and only Islamic laws are successful.
These verses hereby prove the Quran is the word of God.
