In the Name of Allāh.
When individuals within a society cease to promote good and discourage evil, the inevitable consequence is societal corruption. This corruption manifests in various forms, such as associating partners with Allāh, engaging in money rituals, fornication, and adultery, consuming intoxicants, unlawfully appropriating others’ wealth (through means like gambling and interest), perpetrating unjust killings, enacting oppression, spreading injustice, slandering, harboring envy, and displaying arrogance, among others.
Excellently, Islām presents a robust penal system designed to promote good and discourage wrongdoing. This includes essential measures such as executing a person who unjustly takes another’s life, severing the hand of a thief, and administering lashes to a fornicator. Importantly, these actions are to be executed by judges or rulers within an Islāmic state, not by individuals taking the law into their own hands.
It is crucial not to misconstrue Islām, viewing its penal system from a narrow perspective. It is not a mere instrument of harsh punishment but rather a source of enlightened guidance, serving as a safeguard against the perils of wrongdoing that threaten the fabric of our societies. The Maqāṣid (higher objectives, aims, and intents) of the Islāmic penal system are not to impose death, stoning, or amputation arbitrarily but to establish a defense or deterrent framework against misconduct, ensure the fundamental rights of individuals and foster a healthy community, akin to some secular laws which also enforce capital punishment for certain crimes. The Prophet (ﷺ) stated: “Whoever of you sees a wrongdoing (evil and abomination) committed, let him correct it with his hand (i.e., using force or power by those in authority)…” [Ṣaḥiḥ Muslim]
With clarity in its intentions, Islām lights the path ahead, and its penal system serves as a bulwark against corruption and immorality, acting as a vigilant protector of human rights and dignity. Thus, the Islāmic penal system aims towards a laudable end — a thriving society — rather than being an end in itself.
I beseech Allāh to grant us His Wisdom and Mercy, steering us toward a society that embodies justice and fairness, where the light of Islām illuminates our hearts and minds. Aameen.
Picture Credit: The Times of India
