Islam & Punishment (Edexcel GCSE Religious Studies B)

The Nature of Punishment

• Punishment is a penalty imposed on someone who has broken the law

• There are several forms of punishment used by UK courts. The most common forms are:

  • imprisonment for a fixed time period

  • suspended sentence where the prison term does not take effect immediately unless the offender commits another offence during an agreed fixed time period

  • community service order where the offender does unpaid work in the community

  • probation where offenders are supervised by a probation officer for a fixed period and must show good behaviour to avoid being resentenced for their crime

  • fine or compensation to the victim

Muslim Teachings and Attitudes to the Nature and Use of Punishment

The use of punishment

• One of the main aims of Islam is peace, and crime destroys peace

• Therefore Muslims consider it important to tackle the causes that lead to offences being committed in the first place

  • They try to teach children good moral and spiritual lessons to ensure that people grow up as good law-abiding citizens 

• Muslims should not commit any form of crime because that is a sin against God

  • People who commit crime will be punished by God on the Day of Judgement because he sees all actions

  • However, they also need to be punished by the law

• Islam sets out certain punishments for certain crimes

• These are intended to be in the best interests of the offender, their victim, and society as a whole

Principle of Qisas

• Qisas is the principle of retaliation

• It follows the teaching in the Qur’an, originally from the Torah:

• The Qur’an sets out Hadd punishments that follow the principle of Qisas

• Hadd punishments are designed to treat people who have committed serious offences justly

  • They are given to all offenders without distinction because all people are equal before the law as the Hadith teaches

• Hadd punishments are proportional and also safeguard human life

  • They range from whipping and amputation to the death penalty as a punishment for murder

• The crimes that lead to Hadd punishments include acts such as theft, illicit sex, drinking intoxicants, making unproven allegations, and denying their faith

• In practice, strict requirements of evidence have severely limited the application of Hadd punishments

  • Most Muslim countries operate a legal and punishment system similar to that of Europe and use situation ethics to justify replacing Hadd punishments

• The Qur'an declares that if both the victim and perpetrator agree, a compensation amount can take the place of punishment

• However, this compensation money should be paid promptly and in a good spirit

  • Some Muslims believe that this type of compensation should only be permitted for believers

    • That is why the term ‘brother’ is used, to remind people of the bonds of shared faith

  • Others disagree and think this should be applied to all people living in Islamic countries, including non-Muslims

Muslim Views on the Need for Punishments in Society

• Punishments are needed in society because:

  • human beings live in groups, and all groups need rules to organise the behaviour of individuals, protect the weak and vulnerable and ensure that society is safe and orderly for everyone

  • just as there need to be laws, there must also be punishments as a deterrent, to make sure that all members of society obey those laws

  • it shows that crimes are not acceptable and that there are consequences for breaking the law

  • they help offenders to realise the errors of their ways and not re-offend