Islam & the Treatment of Criminals (Edexcel GCSE Religious Studies B)

Islam and Human Rights

• The Universal Declaration of Human Rights, set out by the United Nations in 1948, sets out the key human rights that should be protected for every single human being

• Some of the rights within this declaration relate to the treatment of criminals.

• Everyone has:

  • the right to freedom of thought, conscience and religion, meaning no one can be punished for their ideas and beliefs

  • the right to freedom of expression, meaning people can say what they think in public, including on politics and religion (but only if they do not take away other people’s human rights)

  • the right to have a fair trial

  • The right to punishment that is proportionate to the crime

  • the right to freedom from torture and degrading treatment

  • the right to be free

• Muslims can trace many of these rights back to the human rights already outlined by the Qur’an and Hadith at the start of the religion of Islam

Divergent Muslim attitudes towards human rights

• Many Muslims agree with all the principles expressed in the UN Declaration of Human Rights 

• However, many believe that human rights are subject to the teachings of the Qur’an and Shari’ah law

• Therefore there are some exceptions to the rights set out in the UN Declaration, including

  • The right to consensual sex outside of marriage

  • Protection of the rights of gay people

  • Freedom of speech

  • Freedom of religion

  • Some issues with women's rights

• Therefore an alternative document called Human Rights in Islam was signed in Cairo in 1990 which leaves many of these areas to be upheld by Shari’ah law instead

• This means that in some Muslim countries, there are:

  • no gay rights

  • no right to consensual sex outside marriage

  • no freedom of religion

  • no equality for women

Muslim Teachings about the Treatment of Criminals

• The Qur’an teaches that criminals should be treated fairly as fellow humans while waiting for their trial, when convicted, and during their punishment

• This is because to be true believers, everyone should want for others what they want for themselves

• The Qur’an teaches Muslims to be merciful towards prisoners and to feed them

• This is because Allah wishes everyone to have access to the basic essentials of life

• Muslims should treat people convicted of crime fairly, even if they feel bitter about the crimes they committed

• Some people have misused the intelligence and guidance Allah has given them to commit crimes

• It is for Allah to judge these ‘ungrateful’ ones on the Day of Judgement

• That does not mean they should be dealt with harshly while going through the system of justice

Divergent Muslim Attitudes Towards the Treatment of Criminals

Divergent attitudes towards trial by jury and fair trial

• Most Muslims support the process of a fair trial and trial by jury

  • This means that people accused of a crime are tried in an open court, have a defence lawyer, and are given a proper hearing

  • There is a jury of twelve citizens to decide whether the defendant is innocent or guilty

  • A judge presides over the process to ensure that everything is fair and decides on a proportionate punishment if the accused is found guilty

• This is the procedure in Islamic states which have adopted Western-type legal systems

• These countries also support the idea of restorative justice as the most effective way of preventing future crimes and restoring peace between people

• However, some Islamic states which follow Shari’ah legal systems do not follow this process

  • They do not use a jury and sometimes do not even permit defence lawyers

  • Crimes against God, for example drinking alcohol or committing adultery, are punished as Hadd crimes and given Hadd punishments that follow the principle of Qisas

  • Other crimes, including murder, are treated as individual disputes. In these, the Islamic judge decides the outcome based on Shari’ah laws

Muslim Attitudes Regarding Torture

• All Muslims are against the use of torture on prisoners if it goes against the conditions stated in the Cairo Declaration of 1990

• Most Muslims are opposed to the use of torture at all

  • This is because all humans were created by Allah and therefore must be treated with respect 

  • The Prophet Muhammad (pbuh) issued several hadith condemning the use of torture, saying "Verily Allah will torture those who torture people in this world."

• Most Islamic countries have signed the United Nations Convention Against Torture

Divergent attitudes regarding torture

• Some Muslims believe that in certain circumstances the torture of individuals is permitted

• They would use ethical theories such as situation ethics and utilitarianism to support their stance.

  • For example, the torture of someone who has hidden a bomb that may detonate and cost thousands of lives would be justified on utilitarian grounds as it would serve the greater good

• However, others would argue that as the Prophet Muhammad (pbuh) didn’t use or condone such methods they cannot be justified

• Some of the Hadd punishments used in Islamic states operating Shari’ah legal systems are extremely severe and painful

  • For example, flogging, stoning, and amputation are seen as acceptable and used

  • These may be classed as torture by many people