Crime and Punishment:Islam Flashcards
How does Islam ensure children are brought up to respect the law?
It places a strong emphasis on the importance of extended family and raising children in the faith
Name 5 causes of crime
Addiction, Mental Illness, Greed, Upbringing, Poverty
Quote for greed, Quran 102:1-2
“Competing for more distracts until you go into your graves”
Definition of Shariah Law
The Islamic Justice System seen to have been intended by God to be obeyed
Quote for Crime, Quran 16:90
“God commands justice and prohibits wrongdoing and injustice”
Definition of Shirk
Unforgivable sin in Islam, can include adultery, gambling or drinking
Definition of Hate Crime
Crimes targeted at a specific person or group of people
Muslim Response to Hate Crimes
Allah has created humans with equal value and no individual or group should be singled out as inferior
Muslim Response to Theft
Theft is always wrong as the needy should receive Zakah and be cared for by the community
Definition of Hadud
Unforgivable crimes which are prohibited in the Quran
Definition of Al-Jynayaat
Crimes against the right of an individual for which the victim can gain credit by showing mercy
Definition of Al-Ta’azir
Crimes that affect the community such as fraud and antisocial behaviour
Definition of Al-Mukhalafat
Crimes against state law
Which form of punishment is worst for the offender?
Retribution
Definition of Retribution
An aim of punishment to get vengeance
Quote for Retribution, Quran 5:45
“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”
What can a victim instead do rather than execution when life is taken in an Al-Jynayaat crime?
Grant mercy and receive compensation from the offender, an act of forgiveness which releases the offender from eternal punishment for that crime in the afterlife
2 Reasons why Muslims favour severe punishments
Actions in breach of Shariah law are also seen as actions against God, Some things are seen as unforgivable in the faith
Definition of deterrence
An aim of punishment to put people off committing crimes
Definition of Reformation
An aim of punishment to change someone’s behaviour for the better
UK Law and Reformation
If a prisoner is thought to have been reformed they can be releases early on parole, with the intention being that they do not reoffend
The Islamic view on Reformation
It is necessary for offenders to seek God’s forgiveness and to become purified, which is more likely to happen if they reform
2 Reasons deterrence may be unsuccessful
People may be influenced to commit crimes by more than a fear of punishment, Ineffective at controlling behaviour
Definition of Free Will
The belief that God gives people the opportunity to make decisions for themselves in knowledge of the potential consequences
Quote for Alleviating Suffering, Hadith
“Be compassionate towards the destitute”
2 Muslim Beliefs about Suffering
God is aware of suffering and allows it to happen usually for a reason not apparent to humans but ultimately beneficial, Suffering can be a test from God, Other suffering comes from giving into temptation from Iblis
Quote for Suffering, Quran 3:186
“You are sure to be tested through your possessions and persons; you are sure to hear much that is hurtful…if you are steadfast and mindful of God, that is the best course”
How is suffering justified?
God gave humanity free will to do as they choose
2 Reasons not to cause suffering to others
Must provide and care for other members of the community, Specific teachings of the Quran
The Purpose of Repentance
God will forgive anyone who sincerely repents for their actions and show mercy towards them.
Definition of Prison
A secure building where offenders are kept for a period of time set by a God
Definition of Corporal Punishment
Punishment of an offender by causing them physical pain
Definition of Community Service
A way of punishing offenders by making them do unpaid work in the community
Role of Prisons in Shariah Law
Have less of a reforming role and should instead be used while awaiting trial or punishment
Quote on Purpose of Islamic Law, Faysal Burhan
“The spirit and essence of Islamic law is to save lives, stop corruption, disallow mischief, serve justice, build a safer society and apply little or no death penalty”
Quote for Punishment, Quran 5:38
“Cut off the hands of thieves, whether they are a man or a woman, as punishment for what they have done- a deterrent from God”
Where is public caning or flogging used as a form of punishment for gambling and sexual promiscuity?
Islamic countries such as Iran, Saudi Arabia, and the UAE
Why is it difficult to administer the penalty of cutting off the hands of thieves?
In practice there must be very clear and sufficient evidence and all conditions must be fulfilled
The aim of Community Service
To offer the offender a chance to reform and make amends for wrongdoing
Definition of Forgiveness
Showing Grace and mercy by pardoning someone for what they have done wrong
2 Categories of Forgiveness in Islam
Forgiveness from God, Forgiveness from Humans
Quote for Forgiveness, Hadith
“Pardon each other’s faults and God will grant you honour”
Definition of Forgiveness from God
Only God can truly forgive and will only grant forgiveness to those who are sincerely regretful and intend to follow the faith in the future
Definition of Forgiveness from Humans
Establishes goodness over evil. Muslims should forgive those who ask for forgiveness and the person who has done wrong should then ask for forgiveness from God
Quote on God’s Forgiveness, Quran 24:22
“God is most forgiving and merciful”
Definition of Sanctity of Life
Idea that all life is holy as it is created and loved by God
Definition of the Death Penalty
A capital form of punishment in which a prisoner is put to death for crimes committed
3 Arguments against the Death Penalty
Innocent people could be killed as 3 people put to death in the 1950s have since been pardoned, only God has the right to take life, Passages in the Quran supporting the death penalty have been misinterpreted
Quote for Death Penalty, Quran 6:151
“Do not take life which God has made sacred except by right. This is what he commands you to do: so that you may use your reason”
3 Arguments for the Death Penalty
Principle of utility, doesn’t allow offender to reoffend, Shariah law allows it to be carried out for a series of offences, passages in Quran support it