attitudes to punishment

• what are Hadd punishments?


  punishments set down by the Qur'an

  e.g cutting of hand for thieving

  adultery death by stoning
• what is tazir?


  Crimes where no punishment is stated in the Quran/Hadith. It is left to the decision of the Qadi (judge in Muslim law)
• what are Muslim beliefs about punishment?


  -if victim and criminal agree amount of compensation that can replace punishments

  -blood money

  -punishment should be appropriate for crime committed

  -"eye for a eye"

  -punishment should be given equally to Muslims and non muslims
• what are situation ethics?

  Judging the rightness or wrongness of an act on a case-by-case basis
• how are situation ethics used in punishment in Islam?


  -consider why crime was committed when considering punishment

  -e.g. someone stealing who lives in poverty
• what are aims of punishment?


  Deterrence

  Protection

  Retribution

  Reformation
• what is the Muslim teaching for retribution?


  "god commands justice...he instructs that ye may receive admonition"
• what is deterrence and its benefits?


  -punishment should deter criminal from reoffending again

  
  

  -e.g If people know they will be executed if they are found guilty, they will not murder
• what is protection and its benefits?


  -punishment should protect society against criminals and actions

  
  

  -e.g. long prison sentences for violent crimes keeps them out of society

  
  

  -death penalty for murderers protects society from them
• what is retribution and its benefits?


  -theory that criminals should pay for their crimes

  -actually punishes criminals

  -makes criminals suffer for what they did

  -makes criminals pay for their crimes in proportion to the severity of crimes committed
• what is reformation and its benefits?


  -theory that criminals should be taught not to commit crime again

  -many think this is best form of punishment

  -only way to stop crime is to reform criminals so they become law abiding

  -reformative punishment gives the criminal a fresh chance to become a better person in society
• what is blood money?


  Money paid to the relatives of a murder victim
• why do Muslims have these views on punishment?


  - Quran sets down specific punishments and it is the word of god so must be followed

  -strict punishments only given as last resort and situation ethics will be used in Islamic courts

  -idea of deterrence requires severe punishments
• why might punishments be needed in society?

  To deter people from committing crimes, retribution (face consequences), to protect society and to reform criminals
• what are muslim teachings about punishment?


  - Muslims should not commit crimes; this is a sin against God. Crimes will be punished by law and but will also be judged by God on the Last Day.

  - Some Muslims believe situation ethics should be applied; the punishment should fit the crime and situation.

  - Punishment can be regarded as justice, however the punishment should be proportional to the crime.

  - Punishment in society is needed because people need to know that they must obey the laws so society can operate efficiently.

  This creates order within society.
• what does the Quran state about hadd?

  -as to the thief cut of his or her hands as a punishment by way of example from God for their crimes"