Introduction
A wise person recognizes the word ‘extreme’ has relative meanings. What could be extreme to one person might be lenient to another. Even in the same country, it changes from time to time. Even in the same region, it changes from time to time. There was a time when some American states considered capital punishment as an extreme punishment, which should be abolished from the law. But now it seems like some of these states are returning to the capital punishment model. Then how can we define extremism?
To a Muslim, once he is convinced by sufficient evidence that a particular law is divine, he does not doubt that this law is better than any man-made law. For Allah is the one who created humans, and He knows best what is good for them. Therefore, if a nation or most citizens choose Islam as a complete package of laws that regulates the relations between the citizens themselves and between them and others, then there is no room for not applying it in their private or public life. And we know according to the Charter of the UN, every nation has the right to determine what is good for it.
True Muslims firmly believe that Islamic law will certainly secure felicity and peace for the accountable beings (the jinn and humans) in this temporary life as long as the majority act upon it. They also believe that it guarantees happiness in Eternal Life if the individual implements most of it if he does not associate partners with Allah, the One God. “Verily Allah forgives not that partners should be set up with him in worship, but He forgives anything lesser for whomever He wills.” (Holy Quran 4:48)
It is true that Islam is very firm with some crimes and has assigned severe punishments for them, but it also made it clear that these punishments should not be applied without strong or unchallengeable evidence, according to strict rules. On the other hand, Islam is not the first to implement such laws, because many of these laws are part and parcel of Jewish and Christian practices as well.
Islam in general sets some basic rules and limits, which should not be tampered with. At the same time, it provides, within the set boundaries, enough room to implement judgments that are the results of interactions between the major sources of Islamic law and the careful diagnosis of reality.
Why Some Islamic Countries Enforce Extreme Punishment?
The Islamic government, as any other government, has to enforce the law that its people or the majority has chosen. If the people of any Islamic country have chosen Islam as a complete package of laws, then the government has no choice but to enforce it.
Furthermore, the degree of severity here should not be measured by the opinions of a person (regardless of whether he knows Islam or not, or whether he has conservative or liberal values) nor should it be influenced by the applications of other Muslim countries.
Rather, it should be measured by the related texts in the Holy Quran and the Prophetic traditions and what the knowledgeable jurists deduce from them. Reality says that the application of today’s Islamic governments is lenient compared to the applications during the time of the Guided Caliphs or even the following generation.
This is so. Because these governments are aware of the circumstances of today’s life where isolation is impossible and the temptation to violate Islamic teachings is great. Therefore, the government is obliged to do its best to balance the required degree of firmness and to avoid being a cause of driving Muslims away from Islam completely.
In general, we notice that ‘punishment’ in Islam is not meant to be a kind of revenge, but it is a means of discipline for those who commit a crime or a deterrent to those who, otherwise, would easily commit it. Punishments can be classified under various categories.
It could be a means of scaring away whoever thinks of committing the crime. It is so severe but too difficult to implement. The only way to prove this is to purify oneself. An example of this is the death sentence for a previously married person who commits adultery. The Prophet (PBUH) once commented on the case of a woman who repeatedly confessed her guilt and was sentenced to death: “She has repented a repentance which can accommodate seventy people. Is there anything better than sacrificing herself in obedience to Allah” (Tirmidhi)
Additionally, punishment can be a reasonable means of dispensation for a crime that has been committed. It could also serve as a means of purification or a means of removal of a serious threat to the community. Finally, it can be a means of compensation for the violated rights of a certain person with an opportunity to waive the application of penalty.
Can an Islamic Government Abolish Capital Punishment?
“O you who believe! Legal retribution (in the form of capital punishment) is prescribed in the case of murder: the free for the free, the slave for the slave, and the female for the female. But whoever overlooks from his brother (i.e., the killer) by his brother anything, then there should be a suitable follow-up and payment to him (the legal representative) with good conduct” [Holy Quran 2:178]
Allah Almighty speaks about the grievance of the crime of killing an innocent person purposefully: “If anyone killed a person not in relation or murder or to spread mischief in the land, it would be as if he killed all mankind.” (Holy Quran 5:32) Therefore, if an Islamic government implements this law, it is only doing its duty.
Secondly, no government can afford not to enforce the laws chosen by the majority. It is clear from the above verse that Islam preserves the rights of the party concerned and leaves the door open for forgiveness. Very often, forgiveness may come at the last moment when the criminal has learned a lesson. This is fair because even according to secular laws, the government cannot pardon the captured thief along with what he had stolen without the permission of the victim.
If we look at the reaction to the September 11 incident, and the punishment approved by the Security Council, capital punishment is fully justified, because it is executed only when the criminal receives the punishment. This is to be compared to the unfair punishment carried out, which included thousands of helpless children, women, and aged men who were either killed, injured, or lost their shelters in the severe winter. Allah Almighty says: “And there is life for you in legal retribution (capital punishment) o men of understanding that you may become pious.” [Holy Quran 2:179]
In other words, to kill one guilty person helps save the lives of many innocent people. Besides. It might also save the life of the criminal, who may otherwise commit homicide carelessly, to be killed himself afterward, in addition to the punishment in Hellfire in the Hereafter.
Indeed, killing one person proven beyond doubt to be a murderer of an innocent person is more merciful than allowing a criminal or a bunch of criminals to kill many innocent people randomly to fulfill personal whims or to realize some evil interest. So, Islam by enforcing this kind of punishment is trying to protect the lives of innocent people and relieve them from the terror of being killed by some criminals. Even on the level of the UN, international peace cannot be maintained without punishments severe enough to maintain or restore peace, but after making sure the accused is guilty.
If the evil party uses killing and destructive means to spread evil, why can’t the good party use it to combat evil and realize the public interest? Islam forbids killing the innocent and forbids terrorizing the peaceful without sufficient reasons. It also forbids aggressors from occupying other people’s land and driving the original people out of their homes.
Islam also considers supporting criminals a crime, regardless of the type of support, whether it is financial, military, or the ‘Veto’ in the Security Council. Allah says, “And help you one another in virtue, righteousness, and piety but do not help one another in sin and transgression”. (Holy Quran 5:2)
Can Muslims Abolish the Punishment of Cutting the Thief’s Hand?
First, Allah Almighty says: “As for a male thief or a female thief cut off (from the wrist joint) their hands in recompense for what they committed, as a punishment from Allah.” (Holy Quran 5:38)
Therefore, if an Islamic government implements this law, it is only doing its duty. Secondly, no government can afford not to enforce the laws chosen by the majority.
Islam protects the necessities of humans: their life, their property, their honor, and their faith.
A companion reported that Prophet Muhammad (PBUH) said on the Day of Sacrifice: “O you people. What is this day? The pilgrims said: It is a sacred day. He said: What place is this? They said: It is a sacred place. He said: what month is it? They said: It is a sacred month. He (PBUH) said: Your life, your properties, and your honor are as sacred as this place, this month and this day.” (Sahih Al-Bukhari)
Therefore, transgressing against these things on purpose intentionally deserves severe punishment that deters criminals from committing them. Theft terrorizes the community and may cause homicide, either to facilitate the theft or to defend oneself. However, there are very strict conditions to be fulfilled before carrying out the punishment.
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