Islam & the Aims of Punishment (Edexcel GCSE Religious Studies B)
Revision Note
The Aims of Punishment
There are four aims of punishment:
Protection
Punishment should protect society from criminals and criminal activity so that people feel safe
Deterrence
Punishment should put people off committing crimes because they can see the consequences
Reform
Punishment should try to change criminals so that they no longer re-offend
Retribution
Criminals should pay for their crimes and suffer just as their victims did
Muslim Attitudes Towards the Aims of Punishment
For Muslims, the aim of punishments is to be seen positively, as something that can help humans
The Qur’an teaches that as Allah is merciful towards humans, so they should be merciful in their punishments of each other
‘He wishes to make His laws clear to you and guide you to the righteous ways of those who went before you. He wishes to turn towards you in mercy … God wishes to lighten your burden; man was created weak.’ (Qur’an 4:26-28)
Hadd punishments in Islam are based on three of the four aims of punishment: retribution, deterrence and reform
There is support in the Qur’an for all four aims of punishment and so many Muslims support all of them
Muslim attitudes towards retribution
The Qur'an teaches that retribution is an appropriate punishment in response to a crime
‘We prescribed for them a life for a life, an eye for an eye … a tooth for a tooth, an equal wound for a wound … those who do not judge according to what God has revealed are doing wrong.’ (Qur’an 5:44-47)
The benefits of retribution:
It ensures that people pay for their crimes
It makes sure that criminals suffer for what they have done wrong
It is proportionate to the crime committed
Muslim attitudes towards deterrence
The Qur'an teaches that the use of the Hadd punishments as retribution is an appropriate punishment in response to crime
‘As to the thief, male or female, cut off his or her hands: a punishment by way of example, from God of their crime.’ (Qur’an 5:41)
The benefits of deterrence:
It should be so bad that it stops anyone else from daring to commit the same offence
If people know the punishment for theft is amputation of their hands, no one will steal, and if the punishment for murder is the death penalty, no one will kill
Muslim attitudes towards reform
The Qur'an teaches that reform is an appropriate punishment in response to crime
‘If you avoid the great sins you have been forbidden, we shall wipe out your minor misdeeds and let you in through the entrance of honour.’ (Qur’an 4:31)
The benefits of reform:
It gives people hope that there is an opportunity for reform and change
It is the only way to stop further crimes because it enables criminals to become honest citizens by helping them to take steps to avoid committing further misdeeds
It allows people who were not brought up in a way that allowed them to learn morals to change their ways. They can get an education and learn that there are alternatives to crime
It reflects the idea that Allah is merciful if there is genuine repentance because the Qur’an teaches
‘If anyone repents after his wrongdoing and makes amends, God will accept his repentance: God is most forgiving, most merciful.’ (Qur’an 5:39)
Muslim attitudes towards protection
Muslims believe that they are called to be the khalifahs of the earth for God and therefore everyone has a duty to make the world the best it can be
This involves trying to make a stable and safe society for everyone to live in
The benefits of protection:
Punishments can protect the rest of society and keep it safe from criminals and their activities
Capital punishment protects people from murderers and terrorists because they can no longer pose any threat
Prison sentences protect people from violent criminals or thieves as it removes them from society
Community service gives people a positive way to spend their time and prevents them from harming others, and it can do good for the local community
Divergent Muslim Views on the Aims of Punishment
Although Muslims recognise four aims of punishment, they have different views about which aim has the greatest importance
Some Muslims think that retribution and deterrence are the most important aims. In some Muslim countries, criminals are publicly humiliated for crimes to make sure they suffer (retribution) and others are put off acting in a similar way (deterrence)
Many Muslims believe that the Hadd punishments are no longer relevant and the aims of punishment are better achieved through punishments such as imprisonment
Most Muslims believe that criminals should be treated fairly and that reform is important in preventing crime. Allah is a merciful God and therefore people should be merciful in their punishments
Worked Example
Outline three aims of punishment for Muslims
(3 marks)
One aim of punishment is deterrence (1 mark)
Another aim is retribution (1 mark)
A third aim is protection (1 mark)
Examiner Tips and Tricks
You may be asked to evaluate the four aims of punishment by discussing a statement such as ‘Protection is the most important aim of punishment.’ Make sure you can give arguments for why Muslims might support this statement and why others might have a divergent view. Try this exercise for the other three aims of punishment so you're ready for an evaluative question on this topic.
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