Islam & the Death Penalty (Edexcel GCSE Religious Studies B)

The Nature and Purpose of Capital Punishment

What is capital punishment?

• Capital punishment is also known as the death penalty

• It is a punishment which takes away the criminal’s life

• An offence which carries this penalty is known as a capital offence, and it is reserved for the most serious crimes such as murder

• Capital punishment is legal in some countries, such as the USA and Iran

  • It was abolished in the UK in 1970

• Methods of capital punishment include death by lethal injection, the electric chair, and hanging

Divergent Muslim Attitudes Towards Capital Punishment

• Many Muslims justify capital punishment because of the principle of Qisas

  • They would say that its use is justified in the case of murder or cruelty

• It is a punishment set down by Allah in the Qur'an

• The second teaching shows that capital punishment is also considered an effective punishment for the protection of others

  • This is because it removes the dangerous person from society, so the threat is no longer present

• Other Muslims agree with the use of capital punishment in certain cases

• This teaching of the Prophet Muhammad (pbuh) is used by some Muslims to support capital punishment in three cases:

  • adultery (which includes homosexuality)

  • murder

  • apostasy (leaving the faith)

• This forms the basis of the Shari’ah law regarding capital punishment in some Islamic countries

  • Other Muslims question the validity of using this Hadith because elsewhere in the Qur’an there are teachings which seem to support a more lenient approach to offenders, especially in the case of adultery and apostasy 

    • For example, the punishment for adultery in Surah 24:13 of the Qur’an is one hundred lashes.

  • They would say that the Qur’an takes priority over all other sources of authority, and therefore as the Sahih Muslim Hadith contradicts it, they would reject that teaching 

• Other Muslims do not agree with capital punishment because

  • It is recommended but not stated as compulsory in the Qur’an

  • The Shari’ah says that in certain circumstances, the family of a murder victim can accept blood money from the offender in place of the death penalty as compensation for their loss

  • They feel that because capital punishment does not ultimately reduce crime

  • There is always a possibility of the wrong person being convicted and put to death and therefore it is not justice

Islam and Non-religious Attitudes Towards Capital Punishment

Non-religious attitudes towards capital punishment

• Non-religious people, like religious people, have mixed views on the subject of capital punishment

• Humanists reject capital punishment because:

  • no court system can ensure that the correct verdict is always given

  • sometimes people are convicted for offences that are later overturned

    • There is a chance for compensation for anyone wrongly convicted if they are still alive, but not if they have been put to death

  • Statistics show that those countries which do not use the death penalty have a lower murder rate, showing that it is not a good deterrent

  • Human life is precious and no one has the right to take a life under any circumstances

    • Capital punishment only shows that society does not regard human life as important

  • Terrorists who are executed may be hailed as martyrs, which may encourage their followers to become terrorists

  • Murderers often regard life imprisonment as worse than death as they try to kill themselves when in prison for life

• Atheists do not believe in God and therefore do not think there is an afterlife where sins will be punished

  • They would say that the only chance for justice to be done is in this life

  • Even so, many are opposed to capital punishment for the reasons listed above

• Other non-religious people may agree with the death penalty because

  • It acts as an effective deterrent against murder

  • Murderers and terrorists pose such a great threat to society that it is best to take away their lives so that they do not get a chance to reoffend

  • The only way to show how seriously society values human life is to punish people who take the lives of others with the most serious possible punishment

  • The only true retribution for taking a life is to have your life taken too

    
    

Ethical theories and capital punishment

• Situation ethics considers the most loving action to take in the given circumstances

• Situation ethicists would approach the idea of capital punishment on a case-by-case basis

• In many cases, the most loving thing to do in a given situation might be to spare the life of the offender.

• In other situations, it may be better for society as a whole to sentence the person to death

Muslim responses to divergent views

• Muslims would say that Allah is just and therefore justice must be done in His name, even if this means the death penalty

• Life is sacred and should be protected, but this means that there should be severe consequences for those who take life from others

• While the Qur’an permits capital punishment for certain crimes, it also teaches that God is merciful and forgiving, so it is better to seek repentance from offenders and for believers to forgive