AL-TANZIL
The
Revelation
 
[26:192]



THE PRINCIPLES OF CRIME AND PUNISHMENT IN ISLAM 

For Muslims, QURAN IS THE FINAL TESTAMENT and the first source of Islamic Jurisprudence (Islamic Law). Quran is Merciful ALLAH'S Gift of Guidance and Mercy for the whole of mankind. Message of The Quran is Contemporary for all times and ALLAH, The Exalted has Guaranteed the Purity and Sanctity of HIS Final Revelation, till Eternity. Amongst other Criteria, Believers are required to place and profess their absolute belief in all of ALLAH’S Revelations. Quran corroborates and authoritatively validates all Divine Books revealed to earlier Messengers prior to Prophet Muhammad [pbuh]. [1]

1. ALLAH, The Creator of everything

“Allah is Creator of all things, and He is Guardian over all things.” [2]

2. When the Community differed, ALLAH, Sent Guidance

"Mankind was a single ‘Ummah (Nation) of common descent occupying a definite territory. By natural generation, numbers multiplied and were scattered in various directions and became disunited emotionally and mentally. There and then Allah sent Prophets as a spectacle and warning to all. He equipped them with the Book of Truth guiding into all truth in order to judge between people regarding issues of reason. Yet those who disputed its precepts were the same who were given the Book (Ahl Al-Kitab) imparting enough signs guiding them into illumination and mental enlightenment. But they were no longer disposed to the truth due to their mutual enmity and malignant intention. Nonetheless, Allah will guide the truth-seeking believers to His path. Allah guides whom He will to the path of righteousness." [3]

“Then (after every Messenger), We have made those of Our servants whom We chose heirs to the Book (to preserve and teach it, and secure its practice in daily life). However, among them are those who (in fulfilling their duty as heirs to the Book) wrong their own selves (on account of certain failings and sins), and among them are those who follow a moderate way, and among them are those who, by God’s leave, are foremost in doing good deeds. That (the inheriting of the Book) is the great favor.” [4]

3. ALLAH, The KING, The SOVREIGN LORD, The Law Giver

According to the Qur’an, God is the Sovereign Lord of the Universe and Absolute Ruler of the cosmos. He is the Creator of everything. He is the Sustainer, the Cherisher, and the Nourisher. He is the Regulator and the Perfector. He is the Supreme Law-Giver and the Supreme-Judge. He is the Supreme Lord and the Most Powerful. Sovereignty in all its dimensions over the heavens and the earth and everything else is for Allah only. Power of command and rule in the Universe and in the heavens and the earth belongs to God and God alone. The totality of power and authority in all aspects is prerogative of Allah and there is none who can share in this prerogative. He is able to do all things.

God is the source and fountain head of all power and honour. It is He who bestows honour and power on man. So whosoever desires power and honour should know that all power and honour comes from God. [5]

[ALLAH, The Sovereign]
"Unto Allah belongeth the sovereignty of the heavens and the earth," [6]

[ALLAH, The King]
“The King of mankind” [7]

4. ALLAH'S Law - Divine Law [Unchangeable, Unalterable]

"According to Islam, sovereignty in the heavens and the earth and over everything belongs to God Who is the sovereign-Lord and supreme Law-Giver. He is creator and sustainer of the universe and is Omnipotent and Omniscient. God is Perfect and Eternal Who, unlike man, does not change His opinions. Therefore, law revealed by Him through His messengers and contained in His revealed books, which is called Divine Law, is perfect, permanent and supreme. Divine law cannot be changed, modified, altered, amended, superseded or abrogated by a human agency – may it be a powerful emperor or a sovereign parliament – or by whole of mankind put together.

Since law promulgated by an authority can only be abrogated by that authority or by any superior authority, so a Divine revelation cannot be abrogated by anyone except by God Himself. No human agency or legislature has any authority to change or abrogate God-made law. Moreover, in the legislative field, the latest law abrogates all the former ones; the same is true in connection with Shariah law. Therefore, Shariah law of Islam, being last and final, abrogates all the previous Shariahs. Where God has made law, human beings have no authority to make law. They can only interpret and apply God – made law. But where God has not framed law, people can make law but man-made law should not be inconsistent or repugnant to Divine Law. For a Muslim, the Qur’an is the supreme law and he has no authority to over rule it." [5]

5. ALLAH, Gave Laws to earlier communities

"Indeed there has been an example or a great lesson in the narratives of the Messengers; a lesson lessoning those of intellect into abhorrence of impatience and despair and the abuse of divine faculties. Such narratives as have been disclosed by divine means are not a feigned tales, but an integral part of the Quran corroborating and authoritatively validating all the divine Books revealed before it in time and serving as an excellent interpretation expounding all the statutes and ordinances past and present revealed to all human beings exacting obedience from the whole. It is emblematic of the spirit of truth that guides the faithful into all truth and it is a mercy to those who lift to Allah their inward sight" [8]

6. ALLAH, Ordained different Laws for different communities

". ...Unto every one of you have We appointed a (different) law and way of life. And if God had so willed, He could surely have made you all one single community: but (He willed it otherwise) in order to test you by means of what He has vouchsafed unto, you. Vie, then, with one another in doing good works! Unto God you all must return; and then He will make you truly understand all that on which you were wont to differ." [9]

7. Principles of Crime and Punishment, enjoined in ALLAH’S Earlier Revelations

[Exodus 21:23-25] [Context - Personal Injury, Murder] [10]
23. "But if there is further injury, the punishment must match the injury: a life for a life,"
24. "an eye for an eye, a tooth for a tooth, a hand for a hand, a foot for a foot,"
25. " for burning, wound for wound, stripe for stripe."

[Leviticus 24:17-21] [Context - Eye for an Eye] [11]
17. "If a man takes the life of any human being, he shall surely be put to death.
18. "Anyone who kills another person's animal must pay for it in full--a live animal for the animal that was killed."
19. "And if a man cause a blemish in his neighbour; as he hath done, so shall it be done to him"
20. "fracture for fracture, eye for eye, tooth for tooth. The one who has inflicted the injury must suffer the same injury."
21. "Whoever kills an animal must pay for it in full, but whoever kills another person must be put to death."

[Deuteronomy 19:21] [Context - Testimony of Witnesses] [12]
21. "You must show no pity for the guilty! Your rule should be life for life, eye for eye, tooth for tooth, hand for hand, foot for foot."
[Leviticus 20:10] [Context - Sexual Immorality, Adultery] [13]
10. "If a man commits adultery with another man's wife--with the wife of his neighbor--both the adulterer and the adulteress are to be put to death."

[Exodus 22:1] [Context - Property Laws] [14]
1. "Whoever steals an ox or a sheep and slaughters it or sells it must pay back five head of cattle for the ox and four sheep for the sheep."
8. ALLAH, The Exalted, Enjoined Principles of Justice in The QURAN
[Principle #1:] An evil act should be retaliated by an equal act [eye for an eye];
[principle #2:] however, God rewards those who pardon and lead a righteous life.
[Principle #3:] God does not love the wrongdoers [who retaliate excessively]
[Quran 42:30] [15]

9. ALLAH, The EXALTED, Has Willed for HIMSELF, The Law of Grace and Mercy

"Say: "Unto whom belongs all that is in the heavens and on earth?" Say: "Unto God, who has willed upon Himself the law of grace and mercy. He will assuredly gather you all together on the Day of Resurrection, [the coming of] which is beyond all doubt: yet those who have squandered their own selves-it is they who refuse to believe [in Him]" [16]

10. QURAN Confirms earlier Laws; ALLAH Urges Mercy in Punishments

"And We decreed in AL-Tawrah a prescriptive rule for them to observe, Thus: "The life repays for the life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth and the wounds are subject to retaliation ",But he who remits the return of like for like as a charitable contribution, shall find that this act of kindness has served to expiate some of his sins. And those who do not judge matters, according to the law revealed by Allah shall be wrongful of actions" [17]

[QURAN - Context Murder]
"O you who believe with faithful hearts, a prescriptive rule for retaliation is decreed for you to observe in the case of wilful murder as thus: a free man enjoying civil liberty for a free man enjoying civil liberty, a servant divested of freedom and personal rights for a slave with identical circumstances, a woman for a woman of the same social position. But if a brother (co-religionist) is in a position to forgive, then forgiveness should go hand in hand with sound Judgement and the demands should be agreeable to reason as judged appropriate to the circumstances. And the blood guilty should answer the demand in good will, with liberality and generosity. This is an admission of relaxation advanced by Allah, your Creator, in mercy to you. But he who transgresses thereafter shall be put to the torment. [18] O men of understanding! There is security of life for you in the law of retaliation, so that you may learn self-restraint." [19]

[QURAN -Context Adultery]
"AS FOR the adulteress and the adulterer flog each of them with a hundred stripes, and let not compassion with them keep you from [carrying out] this law of God, if you [truly] believe in God and the Last Day; and let a group of the believers witness their chastisement." [20]

[QURAN - Context Corruption]
"It is but a just recompense for those who make war on God and His apostle, and endeavour to spread corruption on earth, that they are being slain in great' numbers, or crucified in great numbers, or have, in l' result of their perverseness, their hands and feet cut off in great numbers, or are being [entirely] banished from [the face of] the earth: such is their ignominy in this world. But in the life to come [yet more] awesome suffering awaits them" [21]

[QURAN - Context Slandering]
"And those who bring ill-fame upon virtuous women and do not support their accusation by four witnesses are offenders who must suffer for their offense. You flog them with the lash eighty strokes and deny them attestation in support of any matter whatsoever and forever, for such persons are indeed immoral and truly wicked." [22]

[QURAN - Context Theft]
"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" [23] "But he or she who feels contrition following iniquity and regrets the wrongful action and in lowliest plight repentant stands and remorse begets reform, and their thoughts be governed by divine principles, shall Allah pardon them for their offence and give up resentment against them Hereafter" [24]


[11] The Prophet (pbuh) Explained The Mercy In Punishments:

" Narrated Ibn Abbas: The law of Qisas (i.e. equality in punishment) was prescribed for the children of Israel, but the Diya (i.e. blood money was not ordained for them). So Allah said to this Nation (i.e. Muslims): "O you who believe! The law of Al-Qisas (i.e. equality in punishment) is prescribed for you in cases of murder: The free for the free, the slave for the slave, and the female for the female. But if the relatives (or one of them) of the killed (person) forgive their brother (i.e. the killers something of Qisas (i.e. not to kill the killer by accepting blood money in the case of intentional murder)----then the relatives (of the killed person) should demand blood-money in a reasonable manner and the killer must pay with handsome gratitude. This is an alleviation and a Mercy from your Lord, (in comparison to what was prescribed for the nations before you). So after this, whoever transgresses the limits (i.e. to kill the killer after taking the blood-money) shall have a painful torment." (2.178) [25]

12. ALLAH'S Emphasis for JUSTICE

[Be Just]
“...And exercise justice when you sit in judgement upon people, and be consonant with the principles of moral right and in accordance with reason and fact. Allah enjoins only what is right and sound; how morally excellent is what He exhorts you to do; Allah has always been Sami’un with (unlimited audition), and Bassirun, (He sees all that you do).” [26]

"O you who believe! Be upholders and standard-bearers of justice, bearing witness to the truth for God’s sake, even though it be against your own selves, or parents or kindred. Whether the person concerned be rich or poor, (bear in mind that) God is nearer to them (than you are and more concerned with their well-being). So do not (in expectation of some gain from the rich or out of misplaced compassion for the poor) follow your own desires lest you swerve from justice. If you distort (the truth) or decline (to bear truthful witness), then know that God is fully aware of all that you do." [27]

13. ALLAH'S Emphasis on MERCY

MERCY
WORD Search in Translations of The Meanings of ALLAH'S QURAN [28]

Saheeh International                Mercy 146 times in 143 Verses
Shakir                                         Mercy 151 times in 147 Verses
Pickthall                                     Mercy 164 times in 155 Verses
Yusuf Ali                                    Mercy 164 times in 156 Verses
Hilali & Khan                             Mercy 168 times in 158 Verses

14. ALLAH'S Everlasting Question

"Do you not wish that Allah should forgive you? Allah is the most Forgiving and the most Merciful." [29]

15. Prophet (pbuh) has said:

"Narrated Abu Huraira: Allah's Apostle said, "There is a Sadaqa to be given for every joint of the human body; and for every day on which the sun rises there is a reward of a Sadaqa (i.e. charitable gift) for the one who establishes justice among people." [30]

May ALLAH, The Merciful, The Compassionate, The Ultimate Guide, Guide us all onto The Righteous Path, for Always.

References:
[1] - [The Message of The Quran translated and explained by Muhammad Asad, Dar Al-Andalus, Gibraltar, 1980. http://www.usc.edu/schools/college/crcc/private/cmje/religious_text/The_Message_of_The_Quran__by_Muhammad_Asad.pdf]
[2] - [Quran - 39:62 – Pickthall]
[3] - [Quran - 2:213 - Al-Muntakhab]
[4] - [Quran - 35:32 - Ali Unal]
[5] - [http://www.muslimtents.com/shaufi/b20/b20_4.htm]
[6] - [Quran - 42:49 - Pickthall]
[7] - [Quran - 114:2 - Pickthall]
[8] - [Quran 12:111 - Al-Muntakhab]
[9] - [Quran - 5:48 - Asad]
[10] - [Exodus 21:23-25]
[11] - [Leviticus 24:17-21]
[12] - [Deuteronomy 19:21]
[13] - [Leviticus 20:10]
[14] - [Exodus 22:1]
[15] - [Quran - 42:30 - Moenian]
[16] - [Quran - 6:12 - Asad]
[17] - [Quran - 5:45 - Al-Muntakhab]
[18] - [Quran - 2:178 - Al-Muntakhab]
[19] - [Quran - 2:179 - Farook Malik]
[20] - [Quran - 24:2 - 2 - Asad]
[21] - [Quran - 5:33 - Asad]
[22] - [Quran - 24:4 - Al-Muntakhab]
[23] - [Quran - 5:38 - Pickthall]
[24] - [Quran - 5:39 - Al-Muntakhab]
[25] - [Bukhari, Book #60, Hadith #25]
[26] - [Quran - 4:58 - Al-Muntakhab]
[27] - [Quran - 4:135 - Ali Unal]
[28] - [http://www.searchtruth.com/search.php]
[29] - [Quran - 24:22 - humble ones]
[30] - [Bukhari, Book #49, Hadith #870]


-the humble ones-

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