Islam Crime and Punishment Flashcards
(30 cards)
Why is Justice important?
- The Qur’an says that Allah wants people to treat one another fairly and to establish justice: ‘God commands justice and the doing of good, and forbids shameful deeds and injustice’
- In order for the decision at judgement day to be just, God must be just- therefore we should try to be like God in our behaviour on earth.
- God is called ‘Utterly Just’ ‘equitable’ in Qur’an, one of 99 names
- The Pillar of Zakah and the work of groups such as Muslim Aid and Islamic relief are trying to bring economic justice and fairness to the world.
What do muslisms believe about crime?
There are many different reasons for people committing crimes (acts against the law which dictate how citizens in a society ought to behave)
Muslims believe that they have a duty to respond to the root causes of crime in order to reduce crime.
Poverty, Drugs and Alcohol, Low self esteem, Upbringng
What do the Haddiths say about Justice?
The teachings of the Prophet Muhammad rather than Allahs word.
Many hadith (teachings of the Prophet Muhammad) show Muhammad acting justly. SofA: ‘People, beware of injustice…many a community ruined itself in the past as they only punished the poor and ignored the offences of the exalted. By Allah, if my daughter Fatima would have committed theft, her hand would have been severed.’
Causes of Crime: Poverty
How do muslims respond?
It is generally agreed poverty is likely to lead people to crime so Muslims
* Sharing of food at Eid ul-Adha
* Zakah is the pillar of Islam that asks Muslims to give to charity, charities such as Muslim Aid and Islamic Relief. Aims to alleviate poverty.
* Charging interest on loans is banned (haram)
* Gambling is haram
Causes of Crime: Upbringing
How do muslims respond?
There is clear evidence that upbringing and family background have a major effect on the likelihood of people committing crimes.
* Islam teaches about parenting, children are a gift
* Children expected to be taught difference between right and wrong, to pray (salah) and fast (sawm)
* Parents will be judged on the Last Day on how they brought up children.
Causes of Crime: Drugs and alcohol
How do muslims respond?
Drugs such as crack cocaine and heroin are associated by some researchers with crimes such as stealing to fund habits.
Alcohol and drunkenness is associated with the majority of murders and stabbings.
* Drugs are totally banned (haram) for Muslims.
* Qur’an teaches that drugs are ways for Satan to keep people from God and saying their prayers.
* Muhammad taught that Muslims were not to drink alcohol.
Causes of Crime: Low self-esteem
How do muslims respond?
Much research has claimed a link between low self-esteem and criminal offending. Criminals in prison for drug offences were found to have much lower self-esteem than average.
Response: Islam teaches humans are all important, all khalifas, given the task of/ responsable looking after the world. The way we do it is being monitored though and if we do not do it well we will be punished on the Last Day
Who are the Muslim Chaplains’ Association?
This is an organisation which supports Muslim Prison Chaplains in their work towards the resettlement of prisoners and prevention of reoffending upon release. Muslim Chaplains have been leading worship and providing pastoral care in prisons on a voluntary basis since the 1970s. The Association meets regularly to discuss the challenges facing both the Muslims prisoners and the UK community as a whole.
What are muslim teachings about punnishment from the Qur’an?
Punishments set down in the Qur’an are known as hadd (or hudud) punishments. The punishments are fixed by God and are part of shariah law. They were implemented very rarely in practice in pre-modern Islam, because a great deal of evidence to meet the standard was required. For example, even if someone confessed, this would be invalidated if the person withdrew their confession.
Is Islamic punishment used today?
Most countries with large/majority populations of Muslims operate a legal and punishment system similar to the UK, Europe, and the USA, along with some hadd punishments.
However, there are some countries that use a punishment system that derives from the Qur’an. Currently, Iran, Nigeria, Saudi Arabia, the United Arab Emirates, and Yemen have all incorporated aspects of punishments from the Qur’an in their legal system.
List some Hadd Punnishments.
The 6 crimes for which punishments are fixed, set by Qur’an.
Crimes have corresponding Hadd Punishment:
Theft - Amputation of hands
Illicit sexual relations - Death by stoning/100 lashes
Making unproven accusations - 80 lashes
Drinking intoxicants - 80 lashes
Apostasy - Death/banishment
Highway robbery - Death
Give two SOFAS for punnishments.
SofA: “As to the thief, male or female, cut off his hands: a punishment by way of example, from God, for their crime.” (Surah 5.41)
As we can see above, the first quotation from the Qur’an teaches that God wants to make an example of bad behaviour by punishing the criminal by turning the crime back on the perpetrator.
SofA: “The response for an injury is an equal injury in return; but if a person forgives their reward is due from God” (Surah 42)
However, the second teaches Muslims that those who forgive are due a reward from God, seemingly suggesting that this is a preferable approach, that forgiveness is superior.
Why punishment might be considered important?
- Some regard punishment as a form of justice. Retributive justice is a theory of justice which considers that punishment that is proportionate to the crime is the fairest way of carrying out justice.
- Punishment can also be seen as justice because justice requires the good to be rewarded and lawbreakers punished.
- Punishing lawbreakers helps prevent the innocent from threats to their safety or their property.
- Humans need rules and norms to follow when living together in societies. Without consequences for breaking rules, there would be no society, no community, no civilization. This was Thomas Hobbes’ argument which we looked at in Lesson One.
What are the aims of punishment?
- Deterrence- punishing harshly in order to put people off committing the crime. Islam practises this: SofA: “As to the thief, male or female, cut off his hands: a punishment by way of example, from God, for their crime.”
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Retribution- a sense of justice which says that the crime of a perpetrator should be committed back to the perpetrator
SofA: “The response for an injury is an equal injury in return; but if a person forgives their reward is due from God” (Surah 42)* - Protection- the criminal is removed from society, so they no longer pose a threat to citizens or can hurt people, e.g. death penalty for murder. Islamic countries also use prisons.
- Rehabilitation- that the criminal should be treated as in need of development to be helped away from crime, teaching them not to commit crime again.
What are Muslim attitudes to punishment?
- Punishments should deter people from committing the crimes, because they should be frightened of the crime e.g. hadd punishments are severe and primarily act as a deterrent. Strict punishments are a last resort.
- Imprisonment is used to protect people from anti-social criminals and keep society safe. Prison should be a safe and calm environment where the offender has a chance to reform.
- Arguably punishments such as whipping and amputation allow the offender to stay in society, meaning they are less likely to re-offend than if they went to prison. This helps reform the criminal.
- Sometimes criminals will pay compensation to the victim or their family, instead of retribution. SofA: Surah 2.178 - if the victim and perpetrator both agree, compensation can be given instead of punishment: ‘But if any remission is made by the brother of the slain, then grant any reasonable demand, and compensate him with handsome gratitude’.
Muslim beliefs about forgiveness?
- The Bismillah: “In the name of God, the Most Gracious, the Most Merciful”. Thus begins every surah of the Qur’an apart from one. That Muslims believe that Allah is merciful, and that this is repeatedly stated in the Qur’an, shows that this is a really important part of Allah’s identity and thus Muslims must try to be forgiving too.
- There are many examples in the hadith of the Prophet Muhammad forgiving people and helping to reconcile conflicts, which is beneficial to both parties and the surrounding communities.
- On the Day of Judgement it is believed Muslims can ask for his mercy, but only if they have been merciful themselves.
Give an example of forgiveness in action.
Muslim Aid’s Prisoner Project
As a Prison Mentor, you will be allocated to an inmate prior to their release and will provide them with both emotional and practical support, such as advice and guidance (with regards to housing, accessing drug-rehabilitation treatments etc.) employment prospects, and support them through their re-integration process. In this project, we aim to help prisoners from all faiths and backgrounds.
What is restorative justics and its importance?
Restorative Justice = A system of criminal justice which focuses on the rehabilitation of offenders through reconciliation with victims and the community at large
Importance of restorative justice:
Helps the victim understand why the person did it, and can gain closure.
Helps offenders understand how what they did was wrong - links to reformation.
SofA: ‘The believers are but a single brotherhood: so make peace and reconcile.
What is the UDHR?
UNIVERSAL DECLARATION OF HUMAN RIGHTS
This was proclaimed by the UN in 1948 and set out fundamental human rights for the first time. For example:
* Right to fair trial, everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal
* freedom from torture or degrading treatment
It’s considered part of international law if not followed the UN will put moral and diplomatic pressure on governments to comply.
Nearly all Islamic countries that were UN members in 1948 signed the declaration, e.g. Pakistan, Iran, Turkey.
What was set up in response to the UDHR?
Some view the UDHR as having a ‘Western bias’. One scholar claimed it was “insensitive to particular Muslim cultural values, especially when it comes to speaking about individual rights in the context of collective and family values in Muslim society”.
In 2000, members of the Organisation of Islamic Cooperation came up with an alternative document called the Cairo Declaration on Human Rights in Islam.
What is the The Cairo declaration on human rights?
The Clairo declaration on human rights in Islam is an alternative document that says people have ‘freedom and right to a dignified life in accordance with the Islamic Shariah law without any discrimination on grounds of race colour language sex religious beliefs political affiliation social status and other considerations.’
The document protects from arbitrary arrest, torture, maltreatment, taking hostages for any purpose whatsoever and guarantees presumption of innocence and a fair trial.
What are Muslim attitudes to the treatment of criminals?
There are broadly two different attitudes to the treatment of criminals among Muslims:
Most common comes from Muslims who live in Muslim-majority states which have adopted Western-style legal systems or Muslims who live as a minority in states with such a legal system. Such Muslims typically believe criminals should be treated fairly and that punishment should reform and bring restorative justice.
Muslims in countries with Shari’ah justice systems might have different views, perhaps believing that criminals should be punished according to hadd punishments as set out in the Qur’an.
Islam and the use of torture?
Islam and the use of torture
All Muslims are opposed to the use of torture, usually defined as the action or practice of inflicting severe pain on someone as a punishment or in order to force them to do or say something. AGAINST:
* The Cairo Declaration
* Hadith: ‘Truly, Allah will torture those who torture people in this world.’
* Vast majority of Muslim-majority nations have signed the United Nations Convention Against Torture.
BUT Hadd punishments can be considered torture.
What are Humanist attitudes to treatment of criminals?
Humanists believe that criminals should be treated justly.
Criminals should have a fair trial
Punishment should be proportionate to the crime
Criminals should never be subjected to torture
If criminals are treated humanely, innocent suspects will be treated fairly.
Punishment must have a purpose and be useful
Humanists support the Universal Declaration of Human Rights
