crime and punishment

• Justice


  Importance in Islam
• Reasons why justice is important in Islam


  • Muslims should always act justly and do what's right even if it means testifying against themselves or their loved ones
  • One of the characteristics of Allah is Al'Adl (The just)
  • If there's no justice there'd be unrest and disruption to society
  • Prophet Muhammad was ready for his children to receive the appropriate punishment if they were ever to commit a crime
  • Muslims extend the concept of justice to wealth e.g. not allowed to charge interest on loans because it takes advantage of the poor and we also have zakat to make it fair for everyone
• "you who believe, uphold justice and bear witness to God, even if it is against yourselves, your parents, or your close relatives": ''
• Muslims aren't allowed to let personal interests and prejudices affect what is fair and right
• Atheists and humanists support justice because it's a basic human right and all humans deserve freedom and respect
• Muslims agree with atheists and humanists' attitudes because they believe humans are born with a sense of justice and that the prophets led the way in showing how justice should be served
• Crime in Islam


  • Hudud - crimes against God which have a fixed punishment
  • Qisas - crimes against individuals or families, nearest relative is able to choose the punishment
  • Ta'zir - crimes for which punishment isn't stated in the Qur'an so a qadi (Muslim judge) decides
• Causes of crime


  • Socialisation - disadavantaged due to societies norms because of poor parenting or troubled family life
  • Labelling theory/media stereotyping - prejudice against people from particular race or social background forcing them to isolation and then committing crimes
  • Lack of opportunity - lack of suitable job opportunities, people believe they're entitled to jobs but are denied them
  • Subculture - peer groups that approve of or encourage delinquent behaviour due to dislike for rules etc.
• "God commands justice, doing good [..] do not break oaths after you have sworn them": ''
• Allah expects fairness, should act in the right way, should honour their promises
• Muslim groups acting to end crime: Muslim Chaplains Association - provides support, assistance and rehabilitation for offenders, Mosaic - ex-offender mentoring programme helping them to find housing and employment
• Good and evil actions in Islam


  • Muslims believe that people are born with fitrah (nature) that is pure
  • People have free will which leads us to act in positive or negative ways
  • Following Islam helps people avoid making mistakes
  • Good actions are rewarded in paradise while evil deeds are punished in hell
• "God will […] reward them, for their steadfastness": ''
• Qur'an gives vivid description of the afterlife: "garments of green silk" eating from "silver plates" and being given "pure drink"
• Non-religious view: there is no God so no divine explanation for the universe, life is a struggle which the community must overcome
• Muslim view: there is greater power in the universe and that God can help explain the existence of suffering, suffering can have a positive side as it teaches resilience, we should help those who suffer
• Punishment in Islam


  • Islam means peace and crime disrupts peace hence Muslims believe failure to abide the law should carry consequences
  • Punishments are important in ensuring people follow the law and are kept safe from harm
• "you who believe fair retribution is prescribed for you in cases of murder […] but if the culprit is pardoned by his aggrieved brother, this should be adhered to fairly and the culprit should pay what is due in a good way.": ''
• Qisas


  The law of retaliation, involving dealing justly with a criminal who is guilty of a serious crime like murder
• Reasons why punishment may be needed in society


  • Shows crimes are unacceptable because they go against the law
  • People who break the law face consequences and that justice has been served
  • Keeps society safe from people who commit crimes
  • Acts as a deterrent and gives criminals the opportunity to realise the error of their ways
• Aims of punishment


  • Protection - punishment should protect society from criminals so the people feel safe
  • Retribution - criminals should pay for their crimes, suffering the consequences (qisas)
  • Deterrence - punishment should put people off from committing crimes
  • Reformation - punishment should try to change criminals so they don't reoffend
• Some Muslims argue retribution is the most important aim of punishment because it leads to retribution, others argue that reformation is the most important aim of punishment because Allah is merciful and forgiving so same attitude to criminals should be given
• "He wishes to turn towards you in mercy […] if you avoid the great sins you have been forbidden, we shall wipe out your minor misdeeds": ''
• Forgiveness in Islam


  • Forgiveness and mercy are at the heart of Islam
  • Muslims are encouraged to forgive everyone, even family members who've betrayed them
• "if you overlook their offences, forgive them, pardon them, then God is all forgiving, all merciful": ''
• Prophet Muhammad is the best example of how to behave in everyday life because he forgave
• Restorative justice in Islam

  Three steps: repentance from the offender, forgiveness from the victim, reconciliation between the 2 parties
• Many Muslims believe offenders should be given second chances particularly when they're sorry for what they have done in aims for retribution to the criminal