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Capital punishment in Islam

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"Execution of a Moroccan Jewess (Sol Hachuel)" a painting by Alfred Dehodencq

Capital punishment in Islam is traditionally regulated by the Islamic law (sharīʿa), which derived from the Quran, ḥadīth literature, and sunnah (accounts of the sayings and living habits attributed to the Islamic prophet Muhammad during his lifetime).[1][not specific enough to verify][2][not specific enough to verify] Crimes according to the sharīʿa law which could result in capital punishment include apostasy from Islam [citation needed], murder, rape, adultery, homosexuality [citation needed], etc.[3][4] Death penalty is in use in many Muslim-majority countries, where it is utilised as sharīʿa-prescribed punishment for crimes such as apostasy from Islam, adultery, witchcraft, murder, rape, and publishing pornography.[5]

Capital crimes and sentencing

Both the hadiths and the Quran mention specific crimes for which capital punishment is a valid punishment. In the four primary schools of Sunni fiqh (Islamic jurisprudence) and the two primary schools of Shi'a fiqh, certain types of crimes mandate capital punishment.

Qisas

Qisas is a category of sentencing where sharia permits capital punishment, for intentional or unintentional murder.[6] In the case of death, sharia gives the murder victim's nearest relative or Wali (ولي) a right to, if the court approves, take the life of the killer.[7][8] Hudud crimes, which are crimes against God, and are considered the most serious offences under sharia law, for which punishments are prescribed in the Quran. This includes banditry and adultery:

The punishment of those who wage war against Allah and His Messenger, and strive with might and main for mischief through the land is: execution, or crucifixion, or the cutting off of hands and feet from opposite sides, or exile from the land: that is their disgrace in this world, and a heavy punishment is theirs in the Hereafter, Except for those who return repenting before you apprehend them. And know that Allah is Forgiving and Merciful.

— Qur'an, Sura 5, ayat 33 & 34[9]

Diyya is controversial, especially when paid to avoid trial for crimes such as murder. Concerns have been raised that poor offenders face trial and capital punishment while wealthy offenders avoid even a trial by paying off qisas compensation. The Murder of Shahzeb Khan in 2012 brought particular attention to this issue in Pakistan.[10]

Hudud

Certain hudud crimes, for example, are considered crimes against Allah and require capital punishment in public.[1][not specific enough to verify] These include apostasy (leaving Islam to become an atheist or convert to another religion),[11] fasad (mischief in the land, or moral corruption against Allah, social disturbance and creating disorder within the Muslim state)[12][13] and zina (consensual heterosexual or homosexual relations not allowed by Islam, specifically pre-marital or extramarital).

List of crimes where capital punishment is applicable

Modern applications

Muslim-majority nations carry out a large percentage of the world's executions. In the year 2020, an Amnesty International report found that 88 percent of all recorded executions took place in either Iran, Egypt, Iraq or Saudi Arabia. However, 'all recorded executions' did not include data from China, where the number of executions is classified information.[15] In several Islamic countries such as Sunni Saudi Arabia and Pakistan, as well as Shia Iran, both hudud and qisas type capital punishment is part of the legal system and in use. In others, there is variation in the use of capital punishment.

Several Muslim-majority nations have not performed an execution in several decades, though death sentences may still be given. Leaders in Algeria and Tunisia, which have not executed criminals since the early 1990s, have recently suggested a return to capital punishment.[16][17]

Methods

Lethal stoning and beheading in public under sharia is controversial for being a cruel form of capital punishment.[18][19] These forms of execution remain part of the law enforced in Saudi Arabia, Yemen, Qatar, Iran and Mauritania. However no stoning has been implemented for many years.[20][21]

Quotations regarding stoning can be seen in hadiths including the following:

'Ubada b. as-Samit reported: Allah's Messenger as saying: Receive teaching from me, receive teaching from me. Allah has ordained a way for those women. When an unmarried male commits adultery with an unmarried female, they should receive one hundred lashes and banishment for one year. And in case of married male committing adultery with a married female, they shall receive one hundred lashes and be stoned to death.

— Sahih Muslim, 17:4191

Decapitation in Islam

Main article: Decapitation in Islam

Decapitation was a standard method of execution in pre-modern Islamic law. The use of decapitation for punishment continued well into the 20th century in both Islamic and non-Islamic nations.[22][23] When done properly, it was once considered a humane and honorable method of execution.

Today, its use had been abandoned in most countries by the end of the 20th century. Decapitation is a legal method of execution in Saudi Arabia, Qatar, Yemen, and was reportedly used in 2001 in Iran according to Amnesty International, where it is no longer in use.[24]

In Islamic scripture

There is a debate as to whether the Quran discusses decapitation.[25] One surah could potentially be used to provide a justification for decapitation in the context of war:[25]

Now when ye meet in battle those who disbelieve, then it is smiting of the necks until, when ye have routed them, making fast of bonds; and afterward either grace or ransom 'til the war lay down its burdens. (47:4)

Among classical commentators, Fakhr al-Din al-Razi interprets the last sentence of 8:12 to mean striking at the enemies in any way possible, from their head to the tips of their extremities.[26] Al-Qurtubi reads the reference to striking at the necks as conveying the gravity and severity of the fighting.[27] For al-Qurtubi, al-Tabari, and Ibn Kathir, the expression indicates the brevity of the act, as it is confined to battle and is not a continuous command.[27]

Some commentators have suggested that terrorists use alternative interpretations of these surahs to justify beheading captives, however there is agreement among scholars that they have a different meaning.[25] Furthermore, according to Rachel Saloom, surah 47:4 goes on to recommend generosity or ransom when waging war, and it refers to a period when Muslims were persecuted and had to fight for their survival.[25]

Decapitation in Islamic law

Decapitation was the normal method of executing the death penalty under classical Islamic law.[28] It was also, together with hanging, one of the ordinary methods of execution in the Ottoman Empire.[29]

Currently, Saudi Arabia is the only country in the world which uses decapitation within its Islamic legal system.[30] The majority of executions carried out by the Wahhabi government of Saudi Arabia are public beheadings,[31] which usually cause mass gatherings but are not allowed to be photographed or filmed.[32]

According to Amnesty, decapitation have been carried out by state authorities in Iran as recently as 2001,[30][33][34] but as of 2014 is no longer in use.[33] It is also a legal form of execution in Qatar and Yemen, but the punishment has been suspended in those countries.[30][35]

Historical occurrences

See also

References

  1. ^ a b Mohamed El-Awa (1993), Punishment in Islamic Law, American Trust Publications, ISBN 978-0892591428, pp 1-68
  2. ^ Samuel M. Zwemer, The law of Apostasy, The Muslim World. Volume 14, Issue 4, pp. 373–391
  3. ^ "Archived copy". Archived from the original on 2018-07-21. Retrieved 2022-07-11.{{cite web}}: CS1 maint: archived copy as title (link)
  4. ^ "BBC - Religions - Islam: Capital punishment". www.bbc.co.uk. Archived from the original on 2019-12-05. Retrieved 2019-12-04.
  5. ^ Asif, Naima (26 January 2021). "An introduction to sharia law and the death penalty". law.ox.ac.uk. Archived from the original on 25 October 2021. Retrieved 25 October 2021.
  6. ^ Mohamed El-Awa (1993), Punishment in Islamic Law, American Trust Publications, ISBN 978-0892591428
  7. ^ Encyclopædia Britannica, Qisas Archived 2015-02-05 at the Wayback Machine (2012)
  8. ^ Shahid M. Shahidullah, Comparative Criminal Justice Systems: Global and Local Perspectives, ISBN 978-1449604257, pp. 370-377
  9. ^ Quran & 34 5:33 & 34
  10. ^ "Qisas being used by the wealthy to avoid trial: CJ" Archived 2015-04-08 at the Wayback Machine. The Express Tribune (Pakistan), 3 October 2013 (concerning the murder of Shahzeb Khan).
  11. ^ David Forte, Islam's Trajectory Archived 2014-09-03 at the Wayback Machine, Revue des Sciences Politiques, No. 29 (2011), pages 92-101
  12. ^ Oliver Leaman (2013), Controversies in Contemporary Islam, Routledge, ISBN 978-0415676137, Chapter 9
  13. ^ Marion Katz (2006), Corruption of the Times and the Mutability of the Shari'a, The. Cardozo Law Review, 28:171-188
  14. ^ "11 countries where LGBTQ+ people still face death penalty". 17 May 2023.
  15. ^ "Mideast states made 'chilling' use of executions amid pandemic: Amnesty". france24.com. 21 April 2021. Archived from the original on 25 October 2021. Retrieved 25 October 2021.
  16. ^ Cordall, Simon (October 2020). "Tunisia president calls for return of death penalty following brutal killing". theguardian.com. Archived from the original on 25 October 2021. Retrieved 25 October 2021.
  17. ^ "Algeria considers death penalty for child abductors". www.middleeastmonitor.com. 13 November 2020. Archived from the original on 25 October 2021. Retrieved 25 October 2021.
  18. ^ Ebbe, O. N., & Odo, I. (2013), The Islamic Criminal Justice System, in Comparative and International Criminal Justice Systems: Policing, Judiciary, and Corrections, CRC Press, ISBN 978-1466560338, Chapter 16
  19. ^ Jon Weinberg (2008), Sword of Justice? Beheadings Rise in Saudi Arabia, Harvard International Review, 29(4):15
  20. ^ R Terman (2007), The Stop Stoning Forever Campaign: A Report Archived 2015-04-03 at the Wayback Machine WLUM Laws
  21. ^ Javaid Rehman & Eleni Polymenopoulou (2013), Is Green part of the rainbow - Sharia, Homosexuality, and LGBT Rights in the Muslim World, Fordham Int'l Law Journal, 37:1-501
  22. ^ Cliff Roberson, Dilip K. Das (2008). An Introduction to Comparative Legal Models of Criminal Justice. CRC Press. p. 156. ISBN 9781420065930.
  23. ^ Nina Rastogi (February 20, 2009). "Decapitation and the Muslim World". Slate. Archived from the original on December 27, 2017. Retrieved May 30, 2022.
  24. ^ "Beheading was last used as a method of execution in 2001....beheading is no longer in use." Cornell Center on the Death Penalty Worldwide, Death Penalty Worldwide: Iran Archived 2019-07-27 at the Wayback Machine
  25. ^ a b c d Rachel Saloom (2005), "Is Beheading Permissible under Islamic Law – Comparing Terrorist Jihad and the Saudi Arabian Death Penalty", UCLA Journal of International Law and Foreign Affairs, vol. 10, pp. 221–49.
  26. ^ Nasr, Seyyed Hossein; Dagli, Caner K.; Dakake, Maria Massi; Lumbard, Joseph E.B.; Rustom, Mohammed (2015). The Study Quran: A New Translation and Commentary. HarperCollins (Kindle edition). p. Commentary to 8:12, Loc. 23676–23678.
  27. ^ a b Nasr, Seyyed Hossein; Dagli, Caner K.; Dakake, Maria Massi; Lumbard, Joseph E.B.; Rustom, Mohammed (2015). The Study Quran: A New Translation and Commentary. HarperCollins (Kindle edition). p. Commentary to 47:4, Loc. 59632–59635.
  28. ^ Rudolph Peters (2006). Crime and Punishment in Islamic Law: Theory and Practice from the Sixteenth to the Twenty-First Century. Cambridge University Press. p. 36.
  29. ^ Rudolph Peters (2006). Crime and Punishment in Islamic Law: Theory and Practice from the Sixteenth to the Twenty-First Century. Cambridge University Press. p. 101.
  30. ^ a b c Hood, Roger; Hoyle, Carolyn (2015). The Death Penalty: A Worldwide Perspective. Oxford University Press. p. 178. ISBN 978-0-19-870173-6.
  31. ^ Russell Goldman, "Saudi Arabia's Beheading of a Nanny Followed Strict Procedures" Archived 2019-07-18 at the Wayback Machine, abcnews.com, 11 January 2013.
  32. ^ Justine Drennen (January 20, 2015). "Saudi Arabia's Beheadings Are Public, but It Doesn't Want Them Publicized". Foreign Policy Magazine. Archived from the original on July 27, 2019. Retrieved May 30, 2022.
  33. ^ a b "Death Penalty Database: Iran" Archived 2019-04-07 at the Wayback Machine, deathpenaltyworldwide.org, Cornell Law School, accessed 13 June 2016.
  34. ^ "Iran / death penalty A state terror policy" (PDF). International Federation for Human Rights. 16 March 2010. p. 38. Archived (PDF) from the original on 19 April 2019. Retrieved 5 April 2016.
  35. ^ Kronenwetter, Michael (2001). Capital Punishment: A Reference Handbook. ABC-CLIO. ISBN 9781576074329.
  36. ^ Watt, W. Montgomery (2012). "Ḳurayẓa". In P. Bearman; Th. Bianquis; C.E. Bosworth; E. van Donzel; W.P. Heinrichs (eds.). Encyclopaedia of Islam (2nd ed.). Brill. doi:10.1163/1573-3912_islam_SIM_4535.
  37. ^ Newman, Sharan (2007). The Real History Behind the Templars. Penguin. p. 133. ISBN 978-0425215333.
  38. ^ Bunson, Matthew. "How the 800 Martyrs of Otranto Saved Rome". Catholic Answers. Archived from the original on 17 December 2013. Retrieved 11 February 2012.
  39. ^ Nancy Bisaha (2004). Creating East And West: Renaissance Humanists And the Ottoman Turks. Philadelphia: University of Pennsylvania Press. p. 158. Recently, though, historians have begun to question the veracity of these tales of mass slaughter and martyrdom. Francesco Tateo argues that the earliest contemporary sources do not support the story of the eight hundred martyrs; such tales of religious persecution and conscious self-sacrifice for the Christian faith appeared only two or more decades following the siege. The earliest and most reliable sources describe the execution of eight hundred to one thousand soldiers or citizens and the local bishop, but none mention a conversion as a condition of clemency. Even more telling, neither a contemporary Turkish chronicle nor Italian diplomatic reports mention martyrdom. One would imagine that if such a report were circulating, humanists and preachers would have seized on it. It seems likely that more inhabitants of Otranto were taken out of Italy and sold into slavery than were slaughtered.
  40. ^ Byron Farwell, Prisoners of the Mahdi (New York & London: W.W. Norton & Company, 1989), pp. 156-7.
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