Islamic Criminal Law

Islamic criminal law, also known as Hudud law, is based on the Qur'an and the Hadith, as well as the legal reasoning (ijtihad) of Islamic jurists. The following are some key principles of Islamic criminal law:

Punishments: Islamic criminal law provides for specific punishments for certain offenses, known as Hudud. These include theft, adultery, false accusation of adultery (qazaf), consumption of alcohol, and apostasy. Punishments can range from fines to amputation, flogging, or even death, depending on the severity of the offense and the circumstances surrounding it.

Due process: Islamic criminal law requires that due process be followed before punishment can be carried out. This includes the requirement of eyewitness testimony, the right of the accused to defend themselves, and the prohibition of torture or coercion. Islamic law also places a high burden of proof on the prosecution, requiring evidence that is beyond doubt or suspicion.

Rehabilitation: Islamic criminal law also emphasizes the importance of rehabilitation and reform, rather than simply punishment. This can involve counseling, education, and support for individuals who have committed offenses, in order to help them reintegrate into society and avoid future wrongdoing.

Restitution: Islamic criminal law also provides for the payment of restitution, or compensation, to victims of crimes. This can include payment for damages, loss of property, or other forms of harm that may have been caused by the offense.

Overall, Islamic criminal law seeks to promote justice, deter wrongdoing, and protect the rights of both the accused and the victim. It is important to note, however, that the application of Islamic criminal law has varied throughout history and across different regions, and has been subject to interpretation and debate among Islamic scholars and jurists.

According to Quran

Islamic criminal law, or Hudud, is primarily based on the Qur'an and the Sunnah (example) of the Prophet Muhammad. The Qur'an provides general principles of justice and punishment for certain offenses, while the Sunnah provides specific guidance and examples of how these principles were applied in practice during the Prophet's lifetime.

Some verses of the Qur'an that are relevant to Islamic criminal law include:

"The recompense of those who wage war against Allah and His Messenger and do mischief in the land is only that they shall be killed or crucified or their hands and feet be cut off from opposite sides, or be exiled from the land. That is their disgrace in this world, and a great torment is theirs in the Hereafter" (Qur'an 5:33).

"As for the thief, both male and female, cut off their hands. It is the reward of their own deeds, an exemplary punishment from Allah. Allah is Mighty, Wise" (Qur'an 5:38).

"And whoever kills a believer intentionally, his punishment is Hell; he shall abide in it, and Allah will send His wrath on him and curse him and prepare for him a painful punishment" (Qur'an 4:93).

"And do not consume one another's wealth unjustly or send it [in bribery] to the rulers in order that [they might aid] you [to] consume a portion of the wealth of the people in sin, while you know [it is unlawful]" (Qur'an 2:188).

"And those who do not judge by what Allah has revealed, they are the wrongdoers" (Qur'an 5:45).

"And whoever earns a fault or a sin and then blames it on an innocent [person] has taken upon himself a slander and manifest sin" (Qur'an 4:112).

"And if you punish [an enemy, O believers], punish with an equivalent of that with which you were harmed. But if you are patient - it is better for those who are patient" (Qur'an 16:126).

"O you who have believed, prescribed for you is legal retribution for those murdered - the free for the free, the slave for the slave, and the female for the female. But whoever overlooks from his brother anything, then there should be a suitable follow-up and payment to him with good conduct" (Qur'an 2:178).

"And whoever kills a believer intentionally - his recompense is Hell, wherein he will abide eternally, and Allah has become angry with him and has cursed him and has prepared for him a great punishment" (Qur'an 4:93).

"The adulteress and the adulterer, lash each one of them with a hundred lashes. Let there be no reluctance in enforcing the law of Allah, if you believe in Allah and the Last Day" (Qur'an 24:2).

"Indeed, the penalty for those who wage war against Allah and His Messenger and strive upon earth [to cause] corruption is none but that they be killed or crucified or that their hands and feet be cut off from opposite sides or that they be exiled from the land. That is for them a disgrace in this world; and for them in the Hereafter is a great punishment" (Qur'an 5:33).

"And do not approach unlawful sexual intercourse. Indeed, it is ever an immorality and is evil as a way" (Qur'an 17:32).

"As for the thief, the male and the female, amputate their hands in recompense for what they earned [i.e. committed] as a deterrent [punishment] from Allah. And Allah is Exalted in Might and Wise" (Qur'an 5:38).

"The woman and the man guilty of adultery or fornication, flog each of them with a hundred stripes. Let not pity withhold you in their case, in a punishment prescribed by Allah, if you believe in Allah and the Last Day. And let a party of the believers witness their punishment" (Qur'an 24:2).

"The recompense for an injury is an injury equal thereto (in degree). But if a person forgives and makes reconciliation, his reward is due from Allah, for Allah loveth not those who do wrong" (Qur'an 42:40).

"And those who accuse chaste women and then do not produce four witnesses - lash them with eighty lashes and do not accept from them testimony ever after. And those are the defiantly disobedient" (Qur'an 24:4).

"And We ordained therein for them: 'Life for life, eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds equal for equal.' But if anyone remits the retaliation by way of charity, it shall be for him an expiation. And whosoever does not judge by that which Allah has revealed, such are the wrong-doers" (Qur'an 5:45).

It is important to note, however, that the application of these verses and other principles of Islamic criminal law requires interpretation and legal reasoning by qualified Islamic scholars and jurists. These scholars must take into account the context and circumstances of each case, as well as the overall objectives of Islamic law, which include promoting justice, deterrence, and mercy.

According to Hadith

Here are a few Hadiths with reference numbers that provide insight into Islamic criminal law:

On the authority of Abu Hurairah, who said: The Prophet (peace be upon him) said, "Whoever kills a person who is protected by a covenant with the Muslims shall not smell the fragrance of Paradise though its fragrance can be smelt at a distance of forty years [of traveling]" (Sahih Al-Bukhari, Book 83, Hadith 6).

Narrated Ibn 'Umar: The Prophet (peace be upon him) said, "The blood of a Muslim who confesses that none has the right to be worshipped but Allah and that I am His Messenger, cannot be shed except in three cases: In Qisas (equality in punishment) for murder, a married person who commits illegal sexual intercourse and the one who reverts from Islam (apostate) and leaves the Muslims" (Sahih Al-Bukhari, Book 87, Hadith 17).

On the authority of Abu Hurairah, who said: A man said to the Prophet (peace be upon him), "Advise me!" The Prophet said, "Do not become angry and furious." The man asked (the same) again and again, and the Prophet said in each case, "Do not become angry and furious" (Sahih Al-Bukhari, Book 73, Hadith 135).

Narrated Abdullah ibn Mas'ud: The Prophet (peace be upon him) said, "Avoid the seven great destructive sins." They (the people) asked, "O Allah's Messenger! What are they?" He said, "To join others in worship along with Allah, to practice sorcery, to kill the life which Allah has forbidden except for a just cause, to eat up riba (usury), to eat up an orphan's wealth, to give back to the enemy and fleeing from the battlefield at the time of fighting, and to accuse chaste women who never even think of anything touching chastity and are good believers" (Sahih Al-Bukhari, Book 82, Hadith 840).

On the authority of Abdullah ibn Abbas, who said: The Prophet (peace be upon him) said, "Hudud (prescribed punishments) should be imposed on those who commit crimes openly and those who do so in secret. However, if a person seeks forgiveness before being apprehended, Allah Almighty will accept his repentance" (Sunan Abu Dawud, Book 38, Hadith 4378).

Narrated Anas ibn Malik: The Prophet (peace be upon him) said, "The most hated persons to Allah are three: (1) A person who deviates from the right conduct, i.e., an evil doer, in the Haram (sanctuaries of Mecca and Medina); (2) a person who seeks that the traditions of the Pre-lslamic Period of Ignorance should remain in Islam; and (3) a person who seeks to shed somebody's blood without any right" (Sahih Al-Bukhari, Book 81, Hadith 60).

On the authority of Abu Hurairah, who said: The Prophet (peace be upon him) said, "If a judge makes a judgment, striving to apply his reasoning (ijtihad) and gets it right, he will have two rewards; and if he makes a mistake, he will have one reward" (Sahih Al-Bukhari, Book 52, Hadith 176).

Narrated Abu Hurairah: The Prophet (peace be upon him) said, "The people of my nation will be divided into seventy-three sects, all of which will be in the Hellfire except one, and that is the Jama'ah (the group that follows the Prophet's way and the way of his Companions)" (Sunan Abu Dawud, Book 41, Hadith 4597).

Narrated Abdullah ibn Mas'ud: The Prophet (peace be upon him) said, "No one should be punished for the sins of others, nor should a child be punished for the sins of his father" (Sunan Abu Dawud, Book 40, Hadith 4491).

Narrated Ibn 'Abbas: The Prophet (peace be upon him) said, "The hand of a thief should be cut off for stealing something that is worth a quarter of a dinar or more" (Sunan Abu Dawud, Book 38, Hadith 4374).

Narrated Abu Hurairah: The Prophet (peace be upon him) said, "Do not punish for the sin of one person among you by punishing a group of people, but rather, find the person who committed the sin and punish him alone" (Sunan Abu Dawud, Book 40, Hadith 4477).

Narrated Abdullah ibn Umar: The Prophet (peace be upon him) said, "A Muslim is a brother of another Muslim, so he should not oppress him, nor should he hand him over to an oppressor. Whoever fulfilled the needs of his brother, Allah will fulfill his needs; whoever brought his (Muslim) brother out of a discomfort, Allah will bring him out of the discomforts of the Day of Resurrection, and whoever screened a Muslim, Allah will screen him on the Day of Resurrection" (Sahih Al-Bukhari, Book 78, Hadith 622).

It was narrated by Abu Hurairah that the Messenger of Allah (saw) said: “Avoid the seven deadly sins that doom one to Hell…” “…Associating others with Allah (Shirk), magic, killing a soul whom Allah has forbidden killing, consuming Interest (Riba), consuming the property of orphans, fleeing on the day of the march (to the battlefield), and slandering chaste women… ” (An-Nisai)

Narrated Abu Hurairah: The Prophet (peace be upon him) said, "Allah has prescribed excellence in all things. So, if you kill, kill well; and if you slaughter, slaughter well. Let each one of you sharpen his blade and spare suffering to the animal he slaughters" (Sahih Muslim, Book 21, Hadith 4813).

These Hadiths provide additional guidance and principles for justice and punishment in Islamic criminal law. It's important to note that the interpretation and application of these principles require the expertise of qualified Islamic scholars and jurists.