True Virtues

A topic that is frequently raised in order to present a distorted image of Islam is the subject of criminal punishments in the Shari’ah, or the Islamic penal law. In fact, for most non-muslims and many muslims the word “Shari’ah” first and foremost conjures images of such criminal punishments even though the Shari’ah encompasses guidance for all aspects of our lives. But in addition to focusing on this one aspect of Shari’ah, the critics go further by misrepresenting it and using cases that are not Islamic. In light of the media barrage of negativity, it becomes prudent for Muslims to clarify the reality of the Islamic penal law as well as illustrate the many benefits and wisdoms of this system over and above man-made systems.

Two categories of punishments

In Islamic law, there are two general categories of punishments: the Hudood and the Ta’zeer. Due to sensationalist media stereotypes, most people seem to know only of the hudood, even though it is the ta’zeer rulings which are fundamental to most cases with specialized circumstances.The hudood are those punishments which have been prescribed and fixed in Islam eg. murder, burglary, adultery, armed robbery, etc. These punishments have very specific and strict conditions to be met before they are implemented, and once these conditions are met the punishment must be implemented and cannot be increased or decreased.

The ta’zeer punishments are discretionary punishments for which no punishments have been prescribed in Islam eg. kidnapping, arson, drug smuggling, criminal negligence, shoplifting etc. Ta’zeer punishments are determined by the judicial authorities according to what is appropriate for the offense. It may include imprisonment, fines, or anything else. For example, the scholars of Saudi Arabia have fixed the death penalty as the punishment for drug smugglers who bring large quantities of drugs into the Islamic society.

Inshaa’Allah, this article series will remove the common confusion surrounding some of the hudood punishments.