treatment of criminals/ capital punishment

Question 1

surah 76:8

Answer 1

and they give food in spite of love for it to the needy, the orphan and the captive

Question 2

what does the Quran teach about the treatment of criminals?

Answer 2

that even someone who has done wrong or is kept captive deserves to be treated in the correct, humane way

Question 3

what are Muslim beliefs about the use of torture?

Answer 3

• even though crimanls have done wrong, they are still human and deserve fair and respectful treatment
• however, in the time of Muhammad there are suggestions that torture was sanctioned for the purposes of interrogation
• there might be instances where situation ethics could be applied = greater good

Question 4

What are Muslim beliefs on human rights?

Answer 4

• all humans have equal rights

- criminals may have some removal of human rights, which would be fair treatment for crimes committed

Question 5

What are Muslim beliefs on fair trial?

Answer 5

• the person accused of the crime should have a fair trial where both sides of the case and justice should be applied
• they believe it’s important that the laws of the state are recognised and upheld and punishment is given when a person is found guilty of a grime

Question 6

What is the purpose of capital punishment?

Answer 6

• retribution ( to offer punishment for the most severe crimes committed)
• repentance: it is hoped that criminals will face up to what they have done and use the time before their death sentence to repent and express remorse. Allah forgives those who are sorry
• to make victims feel as though punishment has been given and to offer closure for the victims family
• prevention of re-offending: protecting society
• acts as a deterrent to other criminals.

Question 7

What does the Hadith say about capital punishment?

Answer 7

it suggests that the death penalty can be used for the crimes of murder and for Muslims who refuse to do their Islamic duty

Question 8

What does the Qu’ran say about capital punishment?

Answer 8

indicates that the death penalty can be used for certain crimes such as rape, homosexual acts and apostasy

Question 9

Why would some Muslims support capital punishment?

Answer 9

• the Quran says the death penalty can be used for some crimes
• Shariah law agrees with the Qur’an
• Muhammad made statements suggesting he agreed with the death penalty
• When Muhammad was the ruler of Medina he sentenced people to death for committing murder
• According to the Quran the death penalty can only be used as a means of last resort, removing the concern of some that innocent people could be put to death

Question 10

Why do some Muslims not support capital punishment?

Answer 10

• the scholars of Shari’ah law do not agree on the rules of how and when the death penalty should be used, so some Muslims feel it may not be applied fairly
• the Qur’an states that the death penalty is one option - it is not the only option.
• Muslims believe in the sanctity of life, peace and forgiveness which are seen to conflict with the death penalty
• strict conditions about the death penalty are often not met

Question 11

Non-religious attitudes to the death penalty?

Answer 11

• premeditated killing is wrong, even when carried out by the state
• they uphold the regard for human life being special, which is part of the Universal Declaration of Human rights
• they believe there is the possibility of error and someone who is innocent could end up being executed
• death penalty could mean the criminal escapes rather than receiving justice
• some may believe that in situation ethics capital punishment might be the better option