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Religious Studies > ADVANCED INFORMATION ISLAM Crime and Punishments > Flashcards

ADVANCED INFORMATION ISLAM Crime and Punishments Flashcards

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1
Q

Define Justice

A

Justice is the fair treatment of a person according to the crime they have committed.

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2
Q

What is the Islamic law of justice called?

A

Shari’ah law

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3
Q

How do the five pillars support the ideas of justice?

A

Zakah- sharing wealth to make society fairer.

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4
Q

Why is justice important for Muslims?

A

This is because this is what Allah had intended for his creation and Muslims will be judged in the afterlife on how they have treated others, so they should always act fairly and in a just way

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5
Q

Why is Justice important for non-religious people?

A
  • It means fairness has been applied
  • Everyone involved feels the appropriate action has been taken in response to what has happened
  • Ideas of equality can be upheld that are important to all people, regardless of religion.
  • It is a basic human right established by the United Nations (UN) enshrined Universal Declaration of Human Rights in 1948
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6
Q

How do Muslims respond to non-religious attitudes of justice?

A

Muslims would agree with non-religious attitudes towards justice. However, they would also refer to key Islamic teachings and beliefs in Islam as reasons for why they are significant.

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7
Q

Which name of Allah means “The Just”?

A

Adl

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8
Q

Why is justice important in society?

A

If there were no justice, there would be unrest and disruption in society.

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9
Q

How is justice demonstrated by the prophets?

A

-The Prophet Muhammad was prepared for his own children to be punished if they were found to be guilty of committing a crime.

By Allah, if Fatima, daughter of Muhammad, were to steal, I would have her hand cut off.

-Prophet was renowned for his fairness and became a trusted mediator who peacefully resolved disagreements between tribes.

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10
Q

How do Muslims demonstrate justice through wealth?

A

They are prohibited to charge interest on loans because it takes advantage of those who are in need.

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11
Q

Define crime

A

A crime is an action someone commits against the state- for example, murder, theft, drunk driving…

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12
Q

What are the 3 categories of crime in Islam?

A
  • Hudud
  • Qisas
  • Ta’zir
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13
Q

Define Hudud?

A

Crimes against God, which have a fixed punishment (Such as thievery, where your hands will be amputated).

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14
Q

Define Qisas?

A

Crimes against individuals or families, where the victim’s nearest relatives are able to choose their preferred punishment.

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15
Q

Define Ta’zir?

A

Crimes for which the punishment is not stated in the Qur’an or the Hadith, and is therefore left to the discretion of a qadi (a Muslim judge) or the state.

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16
Q

Why do crimes occur?

A
  • Socialisation
  • Labelling theory/media stereotyping
  • Lack of opportunity
  • Subculture
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17
Q

How does socialisation lead to crime?

A

Difficulties in conforming to society’s norms, due to poor parenting or a troubled family life.

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18
Q

How does the labelling theory/media stereotyping lead to crime?

A

Prejudice against people from particular social or racial backgrouds, which reinforces negative perceptions towards specific groups, forcing them into isolation and eventually crime.

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19
Q

How does the lack of opportunity lead to crime?

A

Lack of suitable job opportunities. People believe they are entitled to jobs but are denied them.

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20
Q

How does the subculture lead to crime?

A

Peer groups that approve of, or encourage, deliquent behaviour, due to a dislike of rules and disrespect for authority.

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21
Q

What is the cause of crime in Islam?

A

Muslims believe that Satan tries to distract people away from Allah and tempts them to do things that often eventually lead to crime, such as drinking alcohol or gambling.

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22
Q

What organisations act to end crime?

A
  • Muslim Chaplains Association

- Mosaic

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23
Q

What do the Muslim Chaplains Association do?

A
  • Supports Muslim chaplains working in prisons
  • Work towards resettling prisoners when released
  • Provides support and mentoring both within and outside the prison system.
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24
Q

What do Mosaic do?

A
  • Established in 2007
  • Mosaic support people of all backgrounds growing up in deprived communities.
  • They run a young offenders’ programme providing support and practical assistance to prisoners, such as helping them find employment or enrolling them into education.
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25
Q

What is the islamic word for nature, what type of nature are muslims born with?

A

Pure Fitrah

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26
Q

Do muslims have free will?

A

Yes

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27
Q

What do muslims say about the good and bad in things?

A

Muslims believe things are neither good or bad in themselves, rather how they are used or misused determines their benefits or harm.

For example, a knife is not bad itself. It is good if it helps to cut a cake and bad if it is used to stab someone.

People have a limited understanding of good and evil, and often make mistakes.

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28
Q

How do muslims ensure they do not do evil actions?

A

Through following Islam and the teachings of the Qur’an this will allow people to avoid mistakes. For example alcohol and gambling are a source of fun and amusement for many people. however it is forbidden in Islam due to leading to crimes, evil actions and suffering…

29
Q

Why do muslims do good deeds and avoid evil deeds?

A

As good deeds are rewarded in Jannah (Heaven) and bad deeds are punished in Jahannam (Hell)

30
Q

How would muslims respond to these non-religious interpretations of suffering?

As there is no God and therefore no divine explanation to the universe, we have to make sense of suffering ourselves.

A
  • Muslims disagree
  • Muslims say that people should use of their minds to realise that there is a greater power in universe, Allah…
  • Only Allah can help explain the existenxe of suffering.
31
Q

How would muslims respond to these non-religious interpretations of suffering?

Life is a struggle which the human community need to overcome.

A
  • Suffering can have a positive side
  • It can teach resilience
  • It provide people with opportuities to perform good actions
32
Q

How would muslims respond to these non-religious interpretations of suffering?

Whenever anyone suffers, we should seek to relieve their pain.

A
  • Muslims agree that helping people who are suffering is part of being a Khalifah of the Earth
  • This is why Zakah is one of the Five Pillars of Sunni Islam and one of the Ten Obligatory Acts of Shi’a Islam, and why there are so many muslim charities.
33
Q

Why do Muslims suffer?

A
  • Suffering is a part of Allah’s plan
  • Suffering is a test of faith and character.
  • Suffering is a reminder of sin and the revelation of Allah.
  • Some suffering is due to human action.
  • Good can come from suffering.
34
Q

What is the meaning of Islam?

A

Peace- crime disrupts peace.

35
Q

Why do muslims believe that punishments are important?

A

To ensure people follow the law and are kept safe from harm

36
Q

Why are punishments needed in society?

A

Punishments:

  • show that crimes are unnacceptable because they are against the law
  • show that people who break the law face consequence
  • show that justice has been served
  • keep society safe from people who commit crimes
  • act as a detterent, discouraging people from committing crimes
  • give criminals the opportunity to realise the error of their ways
37
Q

What is the importance of punishment to muslims?

A

In order to:

  • build a peaceful society as Allah intended
  • create a stable society and prevent further crimes
  • give offenders the chance to change their behaviour
  • make some amends for the crime commited
38
Q

Why do some muslims involve situation ethics in crimes such as Qisas?

A
  • Some muslims believe Fletcher’s principle of situation ethics should be applied and the punishment should fit the crime and circumstances of the people involved.
  • For example, the crime might have been carried out because of poverty and this should be taken into account.
39
Q

What are the four aims of punishment?

A
  • Protection
  • Retribution
  • Deterrence
  • Reformation
40
Q

Define protection?

A
  • Punishment should protect society from criminals, so that people feel safe.
  • For example, imprisonment
41
Q

Define retribution?

A
  • Criminals should pay for their crimes, suffering the consequences of their actions.
  • For example, qisas
42
Q

Define detterence?

A
  • Punishments should put people off from commiting crimes

- For example, execution for commiting murder

43
Q

Define reformation?

A
  • Punishments should try to change criminals so that they do not reoffend.
  • For example, community service
44
Q

Why do some muslims believe reformation is the most important punishment?

A
  • Some muslims emphasise reformation as the most important aim of punishment.
  • Allah is merciful and forgiving, so compassion should be should be shown to those who commit crimes.
  • They deserve a second chance.
45
Q

Define forgiveness?

A

To pardon someone for a wrong they have done

46
Q

How is the importance of forgiveness demonstrated in Islam?

A
  • Forgiveness and mercy are at the heart of Islam.
  • Muslims recite ‘In the name of God , the Lord of Mercy, the Giver of Mercy’ at the beginning of 113 out of 114 Surahs of the Qur’an.
  • They also recite it before they start any activity, such as an starting a exam or eating food.
47
Q

What did the Prophet do about forgiveness?

A
  • Muhammad was famed for forgiving his persecutors when he returned to Makkah.
  • Muslims try, therefore, to forgive those that wrong them.
  • Prophet Muhammad had also emphasised restorative justice, and also established and preserved in the Madinah Charter- a set of laws followed in Muhammad’s time.
48
Q

Define restorative justice?

A

Restorative justice is a way for people the offender and to make ammends with the victim.

49
Q

What are the three steps to restorative justice?

A

(1) Repentance from the offender
(2) Forgiveness from the victim or the victim’s family
(3) Reconcilation between the two parties

50
Q

Ted Hakey Case?

A
  • Many muslims believe offenders should be given a second chance, particularly when they are sorry for what they have done. The most significant example is presented through the Ted Hakey case.
  • American, Ted Hakey, fired gunshots at the side of a Mosque in USA, 2015.
  • He was charged with damaging religious property and went to the mosque to apologise for his actions.
  • The Mosque leaders forgave him and also pleaded for him to receive a reduced
  • This helped towards Hakey’s rehabilitation
51
Q

Define Blood Money?

A
  • A killer may be forgiven (only if the murder is unintentional) if they pay compensation (diyya) to the family.
  • This is accepted in the Qu’ran “whoever kills a believer unintentionally must pay blood money to the victims family”.
52
Q

Islam teaches that criminals should be treated ________.

A

HUMANELY

53
Q

How were prisoners treated before the Prophet Muhammad?

A

Prisoners had to work for their basic rights, earn their own food or to obtain it themselves.

54
Q

How were prisoners treated after Prophet Muhammad?

A

The prophet made sure that all prisoners, regardless of their crimes were treated humanely. They all received their basic human rights and received charity.

55
Q

What did the Qur’an inspire the creation of?

A

The mercy and care towards criminals demonstrated in the Qur’an had been adopted by the:

  • Nelson Mandela Rules (universal rules for the treatment of prisoners)
  • Universal Declaration of Human Rights
56
Q

What are the muslims ideas regarding torture?

A
  • Minority radicalist Islamic terrorist groups such as IS, think it is okay to use torture to obtain information from captives.
  • However, the vast majority of Muslims believe torture is completely against and opposes the teachings and examples set by the Prophet Muhammad.
  • To inflict any pain is wrong. Even though criminals have done wrong, they are still human and deserve fair and respectful treatment. As all humans were created by Allah, they should be treated respectfully.
57
Q

The majority of Muslims believe that ____ people accused of crimes should receive a ______ _____
and that serious crimes should be tried before a _____. This position is supported in the ______ and Hadith.

A
  • ALL
  • FAIR TRIAL
  • JURY
  • QUR’AN
58
Q

Do criminals deserve human rights?

A
  • Criminals have wronged and taken away the human rights of others
  • Therefore to punish them, some of their human rights must be removed
  • For example, the removal of freedom if put in prison
59
Q

What is the death penalty?

A

Also known as capital punishment. The death penalty is the authorised killing of a person for commiting a crime.

60
Q

What is the purpose of the death penalty?

A

Labelled as the ultimate detterent against commiting certain serious crimes, such as murder.

The death penalty also reinforced and upheld the importance of life and demonstrated serious crimes such as murder will not be tolerated.

Taking the life of a murderer can also help protect society.

61
Q

According to the Hadith what did Prophet Muhammad permit the use of the death penalty for?

A
  • A married adulterer
  • A murderer
  • An apostate (a person who has left Islam)

All three of these crime are punishable by death in the Shariah Law.

62
Q

What do Ahmadiyya muslims believe about the Hadith and the death penalty?

A
  • The Qur’an gives a different punishment for adultery.
  • The Qur’an also does not state any punishments for those who commit blasphemy or are apostates.
  • There, this Hadith should be rejected, as it is not supported or confirmed by the Qur’an which is the highest and most reliable authority.
63
Q

What else do Sunni and Shi’a muslims believe should also deserve the death penalty?

A
  • Homosexuals
  • Blasphemous people (offend religious beliefs)
  • Rape
64
Q

What are the non-religious attitudes towards the death penalty?

A
  • Some non-religious people support the death penalty

- However, many non-religious people, including atheists and Humanists, do not support capital punishment.

65
Q

Is the death penalty effective?

A

In countries where it is used, such as the USA, it does not seem to deter murder. The USA has one the highest murder rates of any Western democracy.

66
Q

What does situation ethicists believe about capital punishment?

A
  • They consider what the most loving action to do.
  • They might therefore support or oppose capital punishment depending on the situation and what would benefit society as a whole.
67
Q

How do Muslims respond to non-religious attitudes towards the death penalty?

A
  • Muslims believe Allah is just
  • Justice must be carried out even if it means putting someone to death, especially if they are guilty of murder and have no respect for human life.
  • However, the Qur’an is prefers muslims to forgive, if this will bring about change and reformation in the person, as Allah is merciful.
68
Q

What are Muslim arguments FOR the Death Penalty?

A
  • Supported by the Qur’an for certain crimes
  • Stated in Shari’ah Law
  • Muhammad had agreed with the death penalty. When he was the ruler of Medinah, he sentenced those who committed murder to death.
69
Q

What are Muslim arguments AGAINST the Death Penalty?

A
  • The Qur’an states that capital punishment is one option- however, it is not the only option.
  • Capital punishment can only occur in via a strict criteria in the Qur’an this is not always complied by.
  • Some Muslims may use the argument that life is sacred and it is not the place of humans to take it away in any circumstances.

Religious Studies (20 decks)

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