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Islam: Movements, Change and Contemporary Issues

Crime and punishment in Islamic ethics

  • 3 things to know
  • A2 Unit 3

Overview

Tazir punishment and traditionalist position represented by Sheikh Ahmad Ash-Sharabasi.

What you need to know

Answer each one before you reveal it.

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Key term

What alternatives to retaliation does the Qur'an set out?

Key term

What evidential barriers stand in the way of applying hudud penalties?

Key term

How do the positions of Naima Asif, Ahmad Ash-Sharabasi and James Rachels on the death penalty compare?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What aims does traditional Islamic thought give to punishment?

    Model answer

    Punishment is intended to give the wrongdoer what is deserved, to deter others, to protect society, to reform the offender, and to expiate the sin so that the offender is restored before God.

  2. 2

    Which interests is Islamic law understood to protect?

    Model answer

    Classical jurists identify the purposes of the law as the protection of religion, life, intellect, family lineage and property, so a crime is an attack on one of these.

  3. 3

    What is qisas?

    Model answer

    Qisas is equivalent retaliation for murder or bodily injury, under which the victim's family may seek a like penalty through the court rather than through private vengeance.

  4. 4

    What alternatives to retaliation does the Qur'an set out?

    Model answer

    The family may accept diya, a payment of compensation, or may forgive altogether, and the Qur'an states that the reward of one who forgives and makes reconciliation is with God, so pardon is presented as the higher course.

  5. 5

    What are the hudud?

    Model answer

    The hudud are the fixed penalties described as the limits set by God, applied to a short list of offences including theft, highway robbery, unlawful sexual intercourse, false accusation of unchastity and, in most schools, intoxication.

  6. 6

    What evidential barriers stand in the way of applying hudud penalties?

    Model answer

    Unlawful intercourse requires four adult eyewitnesses to the act itself, a confession may be withdrawn at any point, a well-known maxim directs judges to avert the fixed penalties wherever doubt exists, and the caliph Umar suspended the penalty for theft in a year of famine.

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