Punishment, aims of punishment, forgiveness Flashcards
In many Islamic countries, where is the law derived from and what do the courts refer to?
the qur’an and the courts refer to the Shariah law which is based on the teachings of the Qur’an
Why does the Shari’ah law lead to a difference of opinion between the western society of Islamic society?
because the Shari’ah law was established when society was very different from what it is today, the punishments are much more harsher
for example, the punishment for theft in Shari’ah law is by amputation of the hand
western law and society would say this is totally inappropriate
What are the two general categories Shari’ah law divides offences into?
Hadd offences - serious crimes with set penalties
Tazir offences - crimes for which the judge can decide on what the punishment should be.
what are examples of Hadd offences?
theft - punishment is amputation of the offender’s hand
adultery - the penalty is death by
stoning
Surah 2:178
“whoever transgresses after that will have a painful punishment “
this quote shows the idea of punishment being justice for the crime that has been committed.
Importance of punishment to Muslims
it is important 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: Muslims believe Allah is merciful and forgiving as shown through the fact that one of the 99 names is “The forgiver”
- make some amends for the crimes committed
why is punishment needed in society?
- maintain law and order
- set expected behaviour for society
- give a chance for offenders to mend their ways
- make victims safe
- give a chance for offenders to reflect on the impact of their crimes on other
How can punishment be justice?
because the victim feels their crime has been dealt with if a suitable punishment is given
this enables the victim to gain retribution.
what is Muslims response to the idea of protection?
strongly support this idea, believing that the protection of people in society is a paramount importance
this can also be seen as justice:
surah 4:135 “stand firmly for justice, as a witness to Allah”
what is retribution?
the idea that criminals should pay for what they have done wrong
what are Muslims beliefs about reformation>
- Muslims believe they should strive to achieve this by giving punishment that enables justice to be achieved
Surah 5: 39
” if anyone repents after his wrongdoing and makes amends, God will accept his repentance: God is most forgiving, most merciful”
What are Muslim teachings about forgiveness?
- Allah is compassionate and merciful and forgives people so Muslims should too
- if a person truly repents, then they should be forgiven
- people should try to forgive those who have wronged, as Muhammad taught
- Islam is a religion of peace
- a killer may be forgiven if they pay compensation to the family
- on the day of judgement people will be judged on their behaviour and those who repent will be forgiven
surah 45: 14
“tell the believers to forgive those who do not ear God’s days”
what is restorative justice?
an attempt to bring together the offender and victim of a crime to try and restore peace and allow a community and individuals to heal
