Islamic Ethics - Crime and Punishment Flashcards
What are the 6 elements of life?
belief honour of women alert mind property life family
what does belief mean in the 6 elements of life?
no muslim is allowed to leaver their faith and no one should slander their faith.
what are examples of going against belief
destroying the Qur’an (as it is the words of Allah) , rejection of Islam and Shirk like speaking against Allah or drawing Allah
What does honour of women mean?
protect them from being harmed, slandered of degraded in any way
what are examples of going against honour of women
domestic abuse, rape, false accusations etc etc
What does alert mind mean?
someone that is control of their own mind and is therefore taqwa
what is an example of going against Alert mind
drinking alcohol or taking drugs
What does property mean
to protect peoples belongings
what is an example of going against property
theft
what does it mean by life?
the importance. there may be severe punishment for someone who takes a life
wha is an example of going against life
to kill a life that ‘allah has made sacred’ as it is shirk for taking a life that Allah did not chose
What does it mean by family
to support the family and guarantee identity by forbidding sexual relations outside of marriage
what is example of going against family
fornication/ adultery (ZINA)
what are the four types of crimes
Hadud
Forgivable
Community crimes
Against State Law
What is Al-lynayaat?
forgivable crimes
What is Al Ta’azir?
Community crimes
What is Al-Mukhalafat?
going against state law
What are hadud crimes?
fornicatation/adultery false accusation saying she committed adultery drinking alcohol/ taking drugs rebellion against the state rejection of Islam by muslims Highway robbery theft
what are Al-lynayaat (forgivable) crimes?
crimes against the right go the individual who can either demand severe punishment as retribution or forgive them and accept ‘blood money’ in return for a lighter sentence
what are examples of Al-lynayaat crimes?
bodily harm
murder (of which the victims family will decide)
What are Al Ta’azir (community) crimes?
where it affects the community that aren’t covered in Al-lynayaat crimes. the judge will give punishments based on his learnings of islamic text
what are examples of Al Ta’azir crimes?
fraud
antisocial behaviour
What are Al-Mukhalafat (state law) crimes?
crimes against a law the state has enacted where the judge will dicing his discretion and learning in deciding upon punishment
What are examples of Al-Mukhalalfat crimes?
breaking the speed limit
illegal parking
what crimes do you need to remember
hadud crimes
Al-lynayaat (forgivable) crimes
What are the 4 aims of punishment
deterrence
retribution
reform
protection
what is capital punishment
where they offer the death penalty
what is corporal punishment
where they offer physical punishment
How does the Shari’ah law show deterrence?
corporal and capital countries will usually give public punishments where large crowds can gather round.
those guilty of adultery, ‘flog each of them with a hundred stripes…
… and let a party of believers witness their punishment’
How does the Shariah law show protection?
serious offenders are taken out of society and put into prison to protect the rest of society. less serious are also protected in attempt to deter them from further crimes
How does the Shari’ah law show reformation
The prisoners are only able to seek forgiveness and become pure, they need to show they’re a better person.
How is the actual punishment considered a reformation?
it is perceived that that is how the criminal is deterred. In prison they’re helped with coming to terms with what they have done and realise it was wrong.
Do Islamic countries offer parole?
no- you must serve the full sentence
How does the Shari’ah law offer retribution?
The punishment is designed to punish them on behalf of the victims. There is an opportunity for the wrong doer to take compensation for a lighter sentence which Allah will see this as an act of mercy.
‘life for life, eye for eye, nose for nose…
‘ear for ear, tooth for tooth and wound for wound’
’ …‘wound for wound’ but if any one remits the retaliation by war of charity…
… it is an act of atonement for himself’ -Qur’an
