
To start with, we need to understand that all societies have a system of punishment for serious criminal offences; Islam is not different. However, crimes in Islam are divided into two categories. First, those that have prescribed punishments according to Shari’ah laws. Second, those that do not have a definite punishment according to Shari’ah laws, and hence are set by the legal authority.
Furthermore, the crimes which have prescribed punishments according to Shari’ah laws are further divided into two categories. The first category refers to any crime which involves the victim’s personal rights, such as murder, manslaughter, assault and slander. The second category refers to punishments for violating the Commands of Allah and other prescribed Shariah injunctions.
Now as far as personal rights are concerned, the punishment maybe reduced if the plaintiff drops the charges, or accepts the blood money. As for crimes violating Allah’s commands and Shariah injunctions, such as drinking alcohol, fornication and theft, penalties can’t be dropped.
Now let us try to understand the spirit behind these Sharia punishments. In one word, it is to ensure “justice” in society. Islam strongly defends five essential necessities of human life as follows: religion, life, mind, honor and progeny and wealth. Almost all of us seem to memorize those punishments by heart, but unfortunately, we fail to understand their sharia applications.
Punishments are ONLY applicable upon a competent and sane adult confirmed by confession or trustworthy and competent testimony. These punishments may be dropped in case of suspicion or insufficient evidence of the crime based on the general tradition: “Stop the Hudood (punishment) when there are suspicions (about evidence and mitigating circumstances)”. The objective of executing these harsh punishments is to teach exemplary lessons to the criminal elements of the society.
For instance, let us look at robbery and theft. We all know that the penalty of such crime is the cutting of the hand, right? But how many of us know the exact conditions and circumstances needed to actually execute such punishment?
To mention a “few”:
- the item stolen must be over a set value limit.
- it must be under proper protection.
- suspicion is unacceptable.
- hunger due to acute poverty freezes punishment & his case for welfare and assistance will be assessed.
Some scholars have put 11 conditions to actually execute the punishment for robbery and theft. Now let me ask you, if a thief intentionally breaks all those conditions without really needing to rob, what do you want to do with him? And only when you honestly answer this question, you will understand how fair and merciful Islam is in dealing with thieves. Because “many” western experts when asked this question after hearing all those conditions, had one answer to it: the death penalty.
Someone might instantly argue that Islam has a death penalty for fornication and adultery, so what’s the difference?
This one has an easy answer, and a more detailed and complicated one. As for the easy answer, you tell me, what would you do if if you get back home one day and find your spouse in bed with another person? Many kill either one or both on the sport, don’t they?
Well, guess what? Islam doesn’t subscribe to such violent act, and rather has two essential conditions before stoning to death. The guilty married party has to either confess or we should have the testimony of four eyewitnesses; otherwise, there is NO death penalty. And guess what? Even if the involved party confesses of adultery, the death sentence is not executed. How come? The confession “ONLY” becomes effective if it is repeated four times or in four different meetings or court sessions.
As for the case of the four witnesses, they must be just and fair witnesses & must be known as truthful in their statements and conduct. Furthermore, They must confirm observation of the actual intercourse directly, and without a single doubt.
Now let me ask you, what would you want to do with a married man or woman, who doesn’t have the least respect for their spouse, when they openly commit such an illegal act of indulgence, showing no respect to the laws, honor and dignity of the society? What would you want to do with someone who allows four people to openly watch him/her as they cheat on their spouse?
Adultery is an infringement on the rights of society, especially honor of the family of the woman,because there are many harmful effects. Adultery leads to the spread of venereal diseases, abortion, to children without proper care, and to the mixing of the lineage. So how do you expect the most pure religion on earth to deal with such a crime?! The death penalty for such a crime, under such strict conditions, is nothing but FAIR as far as society and parties involved are concerned. Enough to mention, that allowing such people to destroy society, could leave you one day marrying your sister due to mixed lineage.
Those were some basic answers to the question whether Islamic punishments are cruel and barbaric. By now I guess you all who should be called barbaric and cruel; definitely anyone encouraging the destruction and noble human values.