Islam
is a complete package – a complete message and way of life. To fraction
it into its component, then examine them individually, will yield
little or no understanding of Islam’s holistic whole. Inevitably aspects
of Islam examined separately, without a wide-ranging grasp of its
totality, will be taken in a fragmented context, in which case aspects
may take on the appearance of extremism.
However,
when viewed from a comprehensive perspective by any fair person, Islam
will be found sensible in all its aspects and practices. Could it be
otherwise for a faith that powers one of the greatest living
civilizations – one whose dynamism and creativity supplied a foundation
for countless aspects of modern society?
Shariah
is the Islamic Law – the disciplines and principles that govern the
behavior of a Muslim individual towards his or herself, family,
neighbors, community, city, nation and the Muslim polity as a whole, the
Ummah. Similarly Shariah governs the interactions between communities,
groups and social and economic organizations. Shariah establishes the
criteria by which all social actions are classified, categorized and
administered within the overall governance of the state.
Shariah first establishes the patterns believers should follow in worshipping Allah: prayers, charity, fasting and pilgrimage.
Islam’s
law comprises a comprehensive outlook on life. As one looks from a
satellite at this planet, the Shariah conceives of the earth as a single
‘city’ with diverse inhabitants—in modern parlance, a ‘global village.’
Islam looks to the benefit of the society as a whole from a general
perspective and presents a theoretical model that if followed provides
safety and protection for society.
Shariah
literally means ‘a well-trodden path to water,’ the source of all life,
representing the Path to Allah, as given by Allah, the Originator of
all life.
SOURCE:
The
term Sharia comes from an Arabic word meaning “path to the water,”
which reflects the concept that Sharia is divine guidance drawn mainly
from the Qur’an and Sunnah (teachings and guidance of Prophet Muhammad)
for the purpose of helping humanity draw close to God and live in
kindness and justice with His Creation. The term Sharia is used by
Muslims to refer to the values, code of conduct, and religious
commandments or sacred laws which provide them with guidance in various
aspects of life.
While Sharia is often translated as “Islamic law,” a more accurate term for “Islamic law” in Arabic is fiqh which refers to the human endeavor to interpret and apply Sharia.
Crime and punishment in Islam
Security
and stability are basic human needs, no less important than other needs
like food and clothing
. Without security and stability, man is not able
to properly conduct his daily life, let alone come up
with new ideas or
develop a high level of civilization. Man has been conscious of the
need for security
since the beginning of his life on Earth, and he has
continuously expressed his awareness of this need
in many ways. With the
formation and evolution of human society, he has expressed this and
other
needs through the establishment of a state and the formation of
laws. This was accomplished
order to insure general security, settle
disputes and conflicts that threaten society, and oppose external
threats to its
security posed by other nations.
The development
of these man-made laws did not come to completion except in the last few
centuries
after a long experience of trial and error. On the other
hand, the Law of Islâm that was sent down to
(may the peace and
blessings of Allâh be upon him) in Allâh's final message to mankind has
paid
careful attention to this matter and has come with a complete
legal system. Taking into consideration
the changing circumstances of
society as well as the consistency and permanence of human nature.
Consequently, it contains comprehensive principles and general rules
suitable for dealing with
all the problems and circumstances that life
may bring in any time or place. Likewise, it has
set down punishments
for certain crimes that are not affected by changing conditions and
circumstances. In this way, Islamic Law combines between stability,
flexibility, and firmness.
From
what angle does Islâm approach combating crime? What are the principles
that the Islamic
penal code is based upon? What are the distinguishing
features of this code? What are the measures
that it employs to combat
crime? What types of punishments exist in Islâm ? What are the
objectives
behind their being legislated? These are the questions that will be dealt with in the following articles.
The Islamic Approach to Combating Crime
The
ultimate objective of every Islamic legal injunction is to secure the
welfare of mankind in this
world and the next by establishing a
righteous society - a society that worships Allâh, prospers in the
Earth, and subjects the forces of nature to build a civilization under
the auspices of which every human
being may live in a climate of peace,
justice and security. This is a civilization that allows a person
to
fulfill his every spiritual and material need and cultivate every aspect
of his spiritual, intellectual
, and physical being. This supreme
objective is articulated by many verses of the Qur'ân,
as can be seen by
a general survey of the sacred texts and their injunctions. Allâh says:
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"We
have sent our Messengers with clear signs and have sent down with them
the book and the criterion so that man can establish justice. And we
sent down iron of great strength and many benefits for man."
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He also says:
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"Allâh wants ease for you, not hardship."
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He says:
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"Allâh
wants to make things clear for you and to guide you to the ways of
those before you and to forgive you. Allâh is the All knowing, the Wise.
Allâh wants to forgive you and wants those who follow their desires to
turn wholeheartedly towards (what is right). Allâh wants to lighten your
burdens, and He has created man weak."
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He says:
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"Allâh
commands justice, righteousness, and spending on ones relatives, and
prohibits licentiousness, wrongdoing, and injustice."
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If
we make a careful survey of the Islamic injunctions, it will bring us
to the conclusion that they are
aimed at achieving man's welfare. Their
general precepts return to universal principles under which
falls every
aspect of human welfare. These universal principles are:
1. The preservation of life.
2. The preservation of religion.
3. The preservation of reason.
4. The preservation of lineage.
5. The preservation of property.
The
Islamic penal system is aimed at preserving these five universal needs.
To preserve life, it
prescribed the law of retribution. To preserve
religion, it prescribes the punishment for apostasy.
To preserve reason
it prescribes the punishment for drinking. To preserve lineage, it
prescribes the
punishment for fornication. To preserve wealth, it
prescribes the punishment for theft. To protect
all of them, it
prescribed the punishment for highway robbery.
In this way it becomes clear that the prohibitions in Islâm for which the Law has prescribed fixed punishments are as follows:
1. Transgression against life by murder of assault.
2. Transgression against property (theft).
3. Transgression against lineage or the family (fornication and false accusations of adultery).
4. Transgression against reason (taking intoxicants).
5. Transgression against religion (apostasy).
6. Transgression against all of these universal needs (highway robbery).
SOURCE : CALL TO MONOTHEİSM
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