Capital punishment in Islam

Capital punishment in Islam was traditionally regulated by Sharia, the religious law in Islam that comes from the Hadith that lists the sayings and practices of Muhammad.[1][2] Crimes according to the Sharia laws which could result in capital punishment include murder, rape, adultery, etc.[3] Capital punishment is in use in many Muslim-majority countries, where it is utilised for such as crimes as murder, rape, apostasy, witchcraft, and publishing pornography.[4]

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

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.[5] 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.[6][7] 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; and

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[8]

Further, in case of Qisas-related capital punishment, sharia offers the victim's guardian the option of Diyya (monetary compensation).

Diyya is controversial, especially when paid to avoid trial for crimes such as murder. Concerns 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. [9]

Hudud

Certain hudud crimes, for example, are considered crimes against Allah and require capital punishment in public.[1] These include apostasy (leaving Islam to become an atheist or convert to another religion),[10] fasad (mischief in the land, or moral corruption against Allah, social disturbance and creating disorder within the Muslim state)[11][12] and zina (consensual heterosexual or homosexual relations not allowed by Islam).

Methods

Lethal stoning and beheading in public under sharia is controversial for being a cruel form of capital punishment.[13][14] These forms of execution remain part of the law enforced in Saudi Arabia, Yemen, Qatar, United Arab Emirates, Iran and Mauritania. However no stoning has been implemented for many years.[15][16]

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

Capital punishment in Muslim-majority nations

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. [17] 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. [18][19]

References

Mohamed El-Awa (1993), Punishment in Islamic Law, American Trust Publications, ISBN 978-0892591428, pp 1-68
Samuel M. Zwemer, The law of Apostasy, The Muslim World. Volume 14, Issue 4, pp. 373–391
"BBC - Religions - Islam: Capital punishment". www.bbc.co.uk. Retrieved 2019-12-04.
Asif, Naima. "An introduction to sharia law and the death penalty". law.ox.ac.uk. Retrieved 25 October 2021.
Mohamed El-Awa (1993), Punishment in Islamic Law, American Trust Publications, ISBN 978-0892591428
Encyclopædia Britannica, Qisas (2012)
Shahid M. Shahidullah, Comparative Criminal Justice Systems: Global and Local Perspectives, ISBN 978-1449604257, pp. 370-377
Quran & 34 5:33 & 34
"Qisas being used by the wealthy to avoid trial: CJ". The Express Tribune (Pakistan), 3 October 2013 (concerning the murder of Shahzeb Khan).
David Forte, Islam's Trajectory, Revue des Sciences Politiques, No. 29 (2011), pages 92-101
Oliver Leaman (2013), Controversies in Contemporary Islam, Routledge, ISBN 978-0415676137, Chapter 9
Marion Katz (2006), Corruption of the Times and the Mutability of the Shari'a, The. Cardozo Law Review, 28:171-188
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
Jon Weinberg (2008), Sword of Justice? Beheadings Rise in Saudi Arabia, Harvard International Review, 29(4):15
R Terman (2007), The Stop Stoning Forever Campaign: A Report Archived 2015-04-03 at the Wayback Machine WLUM Laws
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
"Mideast states made 'chilling' use of executions amid pandemic: Amnesty". france24.com. Retrieved 25 October 2021.
Cordall, Simon. "Tunisia president calls for return of death penalty following brutal killing". theguardian.com. Retrieved 25 October 2021.
"Algeria considers death penalty for child abductors". www.middleeastmonitor.com. Retrieved 25 October 2021.

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[elawa-1] Mohamed El-Awa (1993), Punishment in Islamic Law, American Trust Publications, ISBN 978-0892591428, pp 1-68

[smz-2] Samuel M. Zwemer, The law of Apostasy, The Muslim World. Volume 14, Issue 4, pp. 373–391

[3] "BBC - Religions - Islam: Capital punishment". www.bbc.co.uk. Retrieved 2019-12-04.

[4] Asif, Naima. "An introduction to sharia law and the death penalty". law.ox.ac.uk. Retrieved 25 October 2021.

[5] Mohamed El-Awa (1993), Punishment in Islamic Law, American Trust Publications, ISBN 978-0892591428

[6] Encyclopædia Britannica, Qisas (2012)

[7] Shahid M. Shahidullah, Comparative Criminal Justice Systems: Global and Local Perspectives, ISBN 978-1449604257, pp. 370-377

[8] Quran & 34 5:33 & 34

[9] "Qisas being used by the wealthy to avoid trial: CJ". The Express Tribune (Pakistan), 3 October 2013 (concerning the murder of Shahzeb Khan).

[dforte-10] David Forte, Islam's Trajectory, Revue des Sciences Politiques, No. 29 (2011), pages 92-101

[11] Oliver Leaman (2013), Controversies in Contemporary Islam, Routledge, ISBN 978-0415676137, Chapter 9

[12] Marion Katz (2006), Corruption of the Times and the Mutability of the Shari'a, The. Cardozo Law Review, 28:171-188

[13] 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

[14] Jon Weinberg (2008), Sword of Justice? Beheadings Rise in Saudi Arabia, Harvard International Review, 29(4):15

[15] R Terman (2007), The Stop Stoning Forever Campaign: A Report Archived 2015-04-03 at the Wayback Machine WLUM Laws

[16] 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

[17] "Mideast states made 'chilling' use of executions amid pandemic: Amnesty". france24.com. Retrieved 25 October 2021.

[18] Cordall, Simon. "Tunisia president calls for return of death penalty following brutal killing". theguardian.com. Retrieved 25 October 2021.

[19] "Algeria considers death penalty for child abductors". www.middleeastmonitor.com. Retrieved 25 October 2021.