Crime and Punishment (Islam) Flashcards

1
Q

What is Hadith?

A

The sayings of the Prophet Muhammad

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2
Q

What is Justice?

A
  • It is the due allocation of reward and punishment, the maintenance of right
  • Justice means rewarding the good and punishing the bad, and making sure that what is right is what happens in society
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3
Q

What are Laws?

A

rules made by Parliament and enforceable by the courts

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4
Q

What is a perpetrator?

A

one who commits a crime

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5
Q

What is a victim?

A

one who has suffered from a crime

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6
Q

Why is justice important for Muslims?

A
  • The Qur’an describes God as just.
  • The Qur’an says that God wants people to treat each other fairly and to establish justice.
  • There are many Hadith in which Muhammad is shown as acting justly and/or telling Muslims to treat everyone justly and equally.
  • Equality before the law is one of the basic principles of the Islamic justice system. Justice has to be distributed with fairness, even it it goes against one’s own self or one’s parents or relatives and whether it goes against the rich or in favour of the poor.
  • Muslims believe that all people should have equal rights before the law and that Muslims should work for a fairer sharing of the earth’s resources. The pillar of zakah and the work of groups such as Muslim Aid and Islamic Relief all try to bring justice into the world.
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7
Q

What are the non-religious attitudes to justice?

A

Justice is important for atheists and Humanists because a just society has laws which:

  • ensure that people can work and be involved in business without someone taking away all the rewards of their work
  • make sure that everyone behaves fairly to each other and that innocent people are protected from violence
  • are upheld by courts and the police to ensure that all members of society obey the law.
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8
Q

Why is justice important for the victim (overall)?

A
  • Victims of crime can suffer physically, financially and emotionally.
  • Victims feel it is important that justice is done so that the hurt they have suffered is recognised by society and the perpetrator pays for their crime.
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9
Q

Why do Muslims believe that justice is important for the victim?

A
  • Islam teaches that justice should always be given and as the victim is totally innocent, justice can only be given when the victim receives justice.
  • Islam teaches that the victims of crime should be compensated based on what is written in the Qur’an and making the criminal compensate their victim helps to give the victim justice.
  • The fact that God commands Muslims to be just means that the unjust must be punished so that their victims are given justice.
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10
Q

What are 3 SofAs for Justice?

A
  • Surah 16 says that God commands justice and the doing of good from Muslims.
  • Surah 49 says ‘And act justly. Truly, God loves those who are just’.
  • Surah 4 says that Muslims should stand up for justice even if it means acting against parents or relatives.
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11
Q

What is acquisitive crime?

A

crimes such as stealing and burglary where the criminal wants to acquire someone else’s property

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12
Q

What is Cybercrime?

A

criminal activities carried out by means of computers or the internet

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13
Q

What are khalifahs?

A

Allah’s stewards or vicegerents

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14
Q

What is a madrasah?

A

religious school or college

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15
Q

What is a crime?

A
  • A crime is an act act against the law, and laws are rules made about how members of society are expected to behave.
  • The law is upheld by courts and the police to ensure that all members of society obey it.
  • Crime in the UK is classified as acquisitive crime (such as burglary), violent crime (ranging from minor assaults to murder) and cybercrime (crime committed on the internet)
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16
Q

What are the causes of crime?

A
  • Poverty is likely to lead people to crime. There is far more crime in poor areas than in rich areas and three-quarters of people convicted in 2008 had made a claim for out-of-work benefits.
  • Upbringing and family background have a major effect on the likelihood of people committing crimes. People in prison are far more likely to have been in care, experienced abuse, been expelled from school or have family members who have been in prison, compared to the rest of the population.
  • Alcohol and drugs are closely connected with crime. It has been suggested that between a third and a half of all acquisitive crime is related to illegal drug use. Drunkenness is associated with a majority of murders, manslaughters and stabbings.
  • Sociological research shows a link between low self-esteem and criminal offending. Criminals in prison for drug offences and those with extensive criminal histories seem to have significantly lower self esteem than the average.
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17
Q

How do Muslims deal with the issue of poverty in order to reduce crime?

A
  • Islam tries to deal with the issue of poverty by banning interest in money lending (poverty is often made worse by high interest rates, which means some people become so desperate the turn to crime);
  • encouraging Muslims to share their wealth;
  • banning gambling which can drive people into poverty;
  • using zakah to help poor Muslims in the UK;
  • and encouraging Muslims to support policies aimed at removing poverty.
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18
Q

How do Muslims deal with the issue of upbringing and family background in order to reduce crime?

A
  • Islam helps parents to fulfil their
    duties as Muslim parents.
  • Muslim parents will be judged by God on how well they have brought up their children, so Muslim parents teach their children the difference between right and wrong and make sure they go to the madrasah.
  • Many mosques provide family advice and support if parents have problems.
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19
Q

How do Muslims deal with the issue of alchohol in order to reduce crime?

A

Alcohol and drugs should not be a problem for Muslim families because they are prohibited for Muslims (haram), being banned by the Qur’an and hadith.

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20
Q

How do Muslims deal with the issue of low self-esteem in order to reduce crime?

A

Muslims know they are the khalifahs of God and have been given the task of looking after the world in the way God wants, so they should never suffer from low self-esteem.

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21
Q

How does Islam try to prevent criminals re-offending?

A
  • the Muslim Chaplains’ Association which supports Muslim prison chaplains in their work of providing care in prisons and helping with the resettlement of prisoners and prevention of re-offending upon release
  • the mentoring programme, Mosaic, which provides support to Muslim prisoners in the six months prior to their release from prison and for at least six months post-release to help them find employment and accommodation, and to help them with any problems they may have
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22
Q

What are the 2 SofAs about Crime?

A
  • Surah 16 says that God commands justice, the doing of good and generosity.
  • Surah 5 says that Muslims must have nothing to do with
    intoxicants (alcohol and drugs) and gambling.
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23
Q

What is Fard?

A

actions which must be performed for a person to be regarded as good

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24
Q

What does Haram mean?

A

that which is forbidden

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25
Q

What is Mandub?

A

actions which a Muslim will be rewarded for doing, but will not be punished for not doing

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26
Q

What is moral evil?

A

actions done by humans which cause suffering.

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27
Q

What is natural evil?

A

things which cause suffering but have nothing to do with humans

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28
Q

What does Omnibenevolent mean?

A

the belief that God is all-good

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29
Q

What does Omnipotent mean?

A

the belief that God is all-powerful

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30
Q

What is the nature of good actions in Islam?

A

All good actions are known as ‘halal’ meaning that which is permitted’ and Muslim scholars have subdivided good actions into two groups:

  • Fard actions
  • Mandub actions

Islam teaches that those who perform good actions will be
rewarded on the Day of Judgement by God sending them to paradise for eternity.

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31
Q

What are Fard actions?

A
  • Fard actions must be performed for a person to be regarded as good.
  • They include obeying Shari’ ah laws and observing the Five Pillars.
  • Carrying out fard actions means a Muslim will be rewarded; not performing them will result in punishment.
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32
Q

What are Mandub actions?

A

Mandub actions are those that Muslims will be rewarded for carrying out, but will not be punished for failing to carry out

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33
Q

What is the nature of evil actions in Islam?

A
  • Evil actions are called ‘haram’, meaning ‘that which is forbidden’.
  • Any action which is forbidden in the Quran, the hadith or the Shariah, is haram and will be punished by God at the final judgement.
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34
Q

What are non-religious attitudes to evil and suffering?

A
  • Many non-religious people believe that evil and suffering exist because of the nature of the world.
  • The suffering brought by things like diseases, floods and earthquakes (natural evil) are just part of how the world is.
  • The evil brought by humans, such as crime and war (moral evil), is caused by humans being greedy, selfish and bigoted.
  • They believe that evil and suffering is a good reason for not believing in God because no good God would have created a world with diseases, floods, earthquakes, volcanoes, etc.
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35
Q

Why does evil and suffering causes a problem for Muslims?

A
  • if God is omnipotent, he must be able to remove evil and suffering from the world
  • if God is omnibenevolent, he must want to remove evil and suftering from the world because they cause so much unhappiness

Therefore, if God exists, there should be no evil or suffering in the world.

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36
Q

Why do Muslims believe there is evil and suffering?

A
  • Muslims believe that God is omnipotent and omnibenevolent, so there must be a good reason for evil and suffering, but humans are not able to understand
    it. God is so much greater than humans that humans must just accept what God does. The Quran says Iblis defied God but he was allowed to try to tempt humans to choose wrong rather than right until the Day of Judgement.
  • Evil and suffering test people’s belief in Islam and a true Muslim will remain faithful through the trials of this life, and be rewarded with eternity in paradise. The faithful should not ask why there is evil and suffering. Instead, they should accept it as God’s will.
  • However, Islam also teaches that Muslims should try to remove evil and suffering from the world. Muslims respond to evil and suffering by helping those who suffer, either practically or by prayer, because helping the suffering and fighting evil will be rewarded by God on the Last Day.
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37
Q

What are the 3 SofAs about Muslim attitudes to good, evil and suffering?

A
  • Surah 76 says that Muslims should accept what God sends with patience and constancy.
  • Surah 67 tells Muslims that God is omnipotent, he has power over all things.
  • 113 of the 114 surahs of the Qur’an begin by reminding Muslims that God is beneficent and merciful.
38
Q

What is compensation?

A

paying back for a wrong done

39
Q

What are Hadd punishments?

A

the punishments set down by the Qur’an

40
Q

What is Salafi?

A

ultra-conservative reform movement in Sunni Islam

41
Q

What is a punishment?

A

Punishment is a penalty inflicted on an offender for breaking the law.

42
Q

What are the main types of punishments imposed by the UK courts?

A
  • imprisonment for a fixed period of time
  • suspended sentence - the courts can impose imprisonment, but state that the order will not take effect for a fixed period of between one and three years unless the offender commits another offence within that time
  • fine - a financial penalty; failure to pay will result in imprisonment
  • community service order - an alternative to prison, this is unpaid work in the community: any breaches will result in imprisonment
  • probation - offenders are placed under the supervision of a probation officer for a fixed period. If a probationer re-offends while on probation, or breaches the conditions of the probation order, they may be re-sentenced for the original offence.
43
Q

Why are Muslims not allowed to commit crimes?

A
  • Islam teaches that Muslims should not commit crimes because any crime is a sin against God.
  • Those who commit crimes will not only be punished by the law, but will also face the judgement of God on the Last Day.
  • Islam teaches that criminals should be punished for their crimes and the Quran sets down specific punishments for certain crimes, ranging from whipping to amputation to death.
  • These are known as hadd punishments and are set for theft, wrong sexual relations (e.g. adultery), making unproven accusations, drinking intoxicants, apostasy (a Muslim denying Islam) and highway robbery.
  • Strict requirements for evidence (including eyewitnesses) severely limit the application of the hadd penalties.
  • The Quran also says that compensation can replace hadd punishments if both parties agree.
44
Q

Which Muslim countries follow hadd punishments?

A
  • Most Muslims countries operate a legal and punishment system similar to those of Europe, and use ethical theories such as Situation Ethics to justify replacing the hadd punishments.
  • Until recently, Saudi Arabia was the only country applying the hadd punishments, but now the Taleban, Daesh (Isis) and other areas under Salafi control tend to apply these punishments because they are set down in the Qur’an.
45
Q

What do Muslims believe about the relationship between punishment and Justice?

A
  • Punishment can be regarded as justice because when someone breaks the law, justice demands that they should be punished for what they have done.
  • This is not revenge because it is not personal and it requires the punishment to be proportional to the crime, in other words the severity of the punishment must reflect the severity of the crime - for example, the death penalty for shoplifting would not be justice.
  • Justice requires the good to be rewarded and the lawbreakers to be penalised and punishment is a way of doing this.
46
Q

Why do Muslims believe that punishment is needed in society today?

A
  • Punishment is needed in society because society needs people to obey the laws in order to operate efficiently - if there were no laws, or people could break the law without being punished, that would result in chaos.
  • Punishment for those breaking the law ensures that society functions in an orderly way and benefits everyone, not just the strong.
47
Q

What are the 2 SofAs about Attitudes to punishment?

A
  • Surah 5 says that the punishment for theft is cutting off the thief’s hand as an example, from God, for their crime.
  • Surah 42 says that punishment for an injury should be a similar injury, but compensation can replace this if the victim agrees to it.
48
Q

What is ordinance?

A

a law

49
Q

What are the aims of punishment?

A
  • make sure that everyone obeys the law
  • protect law-abiding members of society from the law breakers
  • deter law-abiding citizens from committing crimes
  • reform and rehabilitate criminals so that they do not break the law in the future
  • penalise criminals for their actions and give the victims of crime a sense of retribution
50
Q

What is retribution?

A
  • this is the theory that criminals should pay for their crime.
  • Some people think this is the best type of punishment because it makes criminals suffer for what they have done wrong.
  • Criminals make their victims suffer, so the criminals should also suffer.
51
Q

What is deterrence?

A
  • this is the theory that the punishment should put people off committing crime.
  • Some people think this is the best type of punishment because if the punishment is severe enough, no one will
    dare to commit the crime.
  • For example, if a person knows they will have their hand cut off if they are caught stealing, they will not steal.
52
Q

What is reform?

A
  • this is the theory that criminals should be taught not to commit crimes again.
  • Some people think this is the best form of punishment because the only way stop crime is to reform the criminal so that they become law-abiding citizens who will not want
    to commit crimes again.
53
Q

What is protection?

A
  • this is the theory that punishment should protect society from criminals and their activities.
  • Some people think this is the best
    form of punishment because if murderers and terrorists are executed, they cannot threaten people; if violent people or persistent burglars are given long prison sentences, people and their property are protected
54
Q

What are the Muslim attitudes to the aims of punishment?

A
  • hadd punishments cover of the aims of punishment (protection,
    retribution, deterrence and reform)
  • Surah 4 of the Qur’an says ‘God doth wish to make clear to you and to show you the ordinances of those before you and He doth wish to you in mercy.
  • Imprisonment is also used in Muslim countries to protect society from anti-social criminals.
  • Many Muslims countries believe that the aims of punishment (protection, retribution, deterrence and reform) are best achieved by such punishments as imprisonment because the hadd punishments are no longer relevant and have never been compulsory in Islam.
  • Most Muslims believe that criminals should be fairly treated and that punishment should aim at both reforming criminals and bringing about restorative justice
55
Q

What are hadd punishments?

A
  • The hadd punishments are based on retribution, deterrence and reform.
  • It is believed that fear of these types of punishment will deter most people from committing crimes.
  • They also make the criminal pay for their crime (retribution) and will reform the criminal because a thief who has had one hand cut off will never steal again in case they get the other hand cut off
56
Q

What are the 2 SofAs about the aims of punishment?

A
  • Surah 4 suggests that Muslims should be merciful in their punishments
  • Surah 5 says that the punishment for theft is cutting off the thief’s hand
57
Q

What is rehabilitation?

A

restoring to
normal, productive life

58
Q

What is reintegration?

A

to fit someone
back into society

59
Q

What is Restorative justice?

A

a system of criminal justice which focuses on the rehabilitation of offenders through reconciliation with victims and the community

60
Q

What are Muslim beliefs about forgiveness?

A

The Quran teaches that God is compassionate and merciful to sinners because:

  • On the Day of Judgement, God will deal with everyone as they deserve, but Muslims will be able to request his mercy. However, how can Muslims ask for God’s forgiveness if they are not prepared to forgive?
  • The Quran says that Muslims should forgive other people’s sins against them.
  • There are many hadith from the Prophet Muhammad about forgiving people who have offended others and bringing reconciliation to conflicts.
61
Q

Why do offenders need to be forgiven by the community?

A
  • The prison system costs British taxpayers £11billion each year and up to 60% of prisoners reoffend.
  • The community needs to forgive offenders and help them to reintegrate into law-abiding society so that they are part of society and will not need to return to a life of crime.
62
Q

How are offenders are forgiven by the community?

A
  • The UK government tries to rehabilitate offenders through the Rehabilitation of Offenders Act 1974 (amended 2012).
  • Some business owners are helping to bring offenders back into the community by offering them employment and training. E.g. The Joint is a restaurant in Brixton that provides jobs for those trained at Gordon Ramsay’s Bad Boys’ Bakery at Brixton prison.
  • A large number of charities work to help ex-offenders to become law-abiding members of society, for example Nacro, which offers information and advice to ex-offenders, their families and friends.
63
Q

How does restorative justice help victims and offenders?

A
  • Restorative justice gives victims of crime the chance to explain to the offender how they have been affected by a crime and to ask any questions they may have about the incident.
  • Offenders thus have the chance to understand the impact of their crime and take action to repair the harm caused.
  • One of the obvious benefits of restorative justice is the extremely high levels of satisfaction among victims who take part.
  • 80% of offenders also said that restorative justice had helped them by making them realise the effects of their crime and giving them the determination to turn their backs on crime.
64
Q

What are Muslims’ views of restorative justice?

A
  • Muslims are in favour of restorative justice because it is the only way of bringing peace and reconciliation between the criminal and the victim, which is what the Qur’an encourages.
  • In Islam, all Muslims are brothers and sisters and should work to help each other.
  • The Qur’an also says that on the Last Day those who have not been brought face to face with the evil they have done and repented of it will be punished.
65
Q

What are the 2 SofAs about forgiveness?

A
  • Surah 39 suggests that Muslims should never despair of God’s mercy because God is the ‘Oft-Forgiving, Most Merciful’.
  • In a hadith, Muhammad said that Muslims should be forgiving and give justice to the person who was unfair and unjust to them.
66
Q

What is freedom of expression?

A

the freedom to express your opinions in public (especially about politics and religion)

67
Q

What are Hudud crimes?

A

crimes against God

67
Q

What does humane mean?

A

treating with kindness and compassion

68
Q

What are human rights?

A
  • All the member states of the United Nations agreed to the Universal Declaration of Human Rights in 1948, which sets out a number of human rights which must be protected.
69
Q

What do human rights do?

A

With regard to crime and punishment, human rights protects, among other things, an individual’s right to:

  • freedom of thought, conscience + religion
  • freedom of expression
  • a fair trial
  • legal representation at their trial
  • humane treatment while in custody
  • not be subjected to torture
  • punishment that is proportionate to the crime
  • not be treated as an adult, if the individual is a juvenile
70
Q

What is the treatment of criminals in Islamic states?

A
  • Islamic states which have adopted Western-type legal systems, provide fair trials where the accused is tried in open court with a defence lawyer (legal representation) and a jury of twelve ordinary citizens who decide whether the defendant is
    guilty.
  • The judge makes sure that the case is conducted fairly and decides what punishment should
    be given if the defendant is found guilty.
71
Q

What is the treatment of criminals in Shari’ah legal systems?

A
  • Muslim countries operating Shari ah legal systems do not use juries or prosecutors and sometimes not even defence lawyers.
  • Crimes against God (including drinking alcohol, lending at interest and committing adultery) are prosecuted by the state as hudud crimes.
  • All other criminal matters, including murder and bodily injury, are treated as disputes between individuals, with an Islamic judge deciding the outcome based on the Shari’ah
72
Q

What are Muslim views of being against torture?

A
  • Most Muslims are opposed to the use of torture as the Prophet Muhammad issued several hadith condemning its use.
  • The vast majority of Muslim countries have signed the United Nations
    Convention Against Torture which
    commits them to preventing acts of torture in their territory.
73
Q

What are Muslim views of being pro torture?

A
  • Some Muslims believe it is permitted to torture criminals in certain circumstances and would use ethical theories such as Situation Ethics or Utilitarianism, where the greatest good for the greatest number of people would justify using torture in certain situations
  • (for example, if someone has planted a bomb in a school, it would be right to torture them so that they identify the school and it can be evacuated).
74
Q

What are Muslim views on human rights?

A
  • Many Muslims agree with the Universal Declaration of Human Rights and make sure that human rights are always respected
  • Many Muslims believe that human rights are subject to Islamic Shari’ah and the teachings of the Quran
  • which means that in Muslim countries there are often no gay rights, no right of consensual sex outside of marriage, no freedom of religion and no equal rights for women
75
Q

What are the 2 SofAs about the treatment of criminals?

A
  • Muhammad said in a hadith, that God will torture those who torture
    other people.
  • Surah 5 says that the punishment for those who act against Islam is execution, or crucifixion, or the cutting off of hands
    and feet from opposite sides.
76
Q

What is apostasy?

A

giving up or denying your religious faith

77
Q

What is capital offence?

A

a crime which can be punished by death

78
Q

What is the indeterminate life
sentence?

A

being imprisoned for the rest of one’s life, with no chance of ever being released

79
Q

What is lethal injection?

A

executing a criminal by injecting them
with sufficient poison to kill them

80
Q

What is capital punishment?

A

The death penalty:

  • Is punishment which takes away
    criminal’s life.
  • A crime which can be punished by the death penalty is
    called a capital offence.
  • There are several methods of capital punishment still in use around the world, including lethal injection, the electric chair, hanging and death by firing squad.
81
Q

What countries use capital punishment?

A

Only 37 of the world’s 195 countries use capital punishment; the USA
Japan and Singapore are the only industrialised countries to retain it.

82
Q

When did the UK abolish the death penalty?

A

in 1970

83
Q

Why do people believe in the death penalty?

A

People who believe in capital punishment believe it deters people from committing murder, protects society
and gives retribution to those who take life.

84
Q

When does Islam allows capital punishment?

A

Islam allows capital punishment for three offences: murder, adultery and
apostasy.

85
Q

Why do most Muslims agree with capital punishment?

A
  • it is a punishment
    set down by God in the Qur’an and Muslims believe
    the Qur’an is the word of God
  • Muhammad made several statements agreeing with capital punishment for murder, adultery and apostasy
  • Muhammad sentenced people to death for murder when he was ruler of Madinah
86
Q

Why do some Muslims not agree with capital punishment?

A
  • they feel that capital punishment is recommended by the Quran, but 15 not compulsory
  • the Shari’ah says that the family of a murder victim can accept blood money from the murderer, rather than requiring the death sentence
  • they feel that capital punishment does not reduce crime
  • there is a possibility of the wrong person being convicted and then executed, which would mean capital punishment is not
    justice and so is
    banned by Surah 6:151
87
Q

Why are humanists against capital punishment?

A

Humanists are against capital punishment because of ethical theories such as Situation Ethics or Utilitarianism:

  • Sometimes people are convicted tor offences which it is later proved they did not commit. Those who are found to be innocent can be released and compensated if they have been given life imprisonment, but not if they have been executed
  • Statistics show that those countries which do not use the death penalty have a lower murder rate, so capital punishment does not deter people from committing such an offence.
  • Human life is the most important thing and no one has the right to take it. Executing murderers demonstrates that society does not regard human lite as sacred.
  • Murderers often regard an indeterminate life sentence as worse than death and many try to commit suicide when in prison for life
88
Q

What are atheists views capital punishment?

A

Some atheists agree with the Humanist attitude to capital punishment while others support the death penalty because they believe:

  • The prospect of losing your life if you commit murder acts as a deterrent.
  • The value of human life can only be demonstrated by inflicting the worst penalty on those who take life, which is the death penalty.
89
Q

What are the 3 SofAs about the death penalty?

A
  • Various Qur’anic verses recommend execution as a punishment for serious crimes
  • Surah 5 says that the punishment for those who act against Islam is execution, or crucifixion, or the cutting off of hands and feet from opposite sides.
  • In a well-recorded hadith, Muhammad says that Muslims can only be executed for adultery, murder or deserting the faith