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Capital punishment in Islam
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Capital punishment in Islam
Capital punishment in Islam is traditionally regulated by the Islamic law (sharīʿa), which derived from the Quran, ḥadīth literature, and sunnah (accounts of the sayings and living habits attributed to the Islamic prophet Muhammad during his lifetime).[not specific enough to verify][not specific enough to verify] Crimes according to the sharīʿa law which could result in capital punishment include, murder, rape, adultery, potentially homosexuality, etc. The death penalty is in use in many Muslim-majority countries, where it is seen as sharīʿa-prescribed punishment for crimes such as apostasy from Islam, adultery, witchcraft, murder, rape, and publishing pornography.
Both the hadiths and the Quran mention specific crimes for which capital punishment is a valid punishment. In the four primary schools of Sunni fiqh (Islamic jurisprudence) and the two primary schools of Shi'a fiqh, certain types of crimes mandate capital punishment.
Qisas is a category of sentencing where sharia permits capital punishment, for intentional or unintentional murder. In the case of death, sharia gives the murder victim's nearest relative or Wali (ولي) a right to, if the court approves, take the life of the killer. Hudud crimes, which are crimes against God, and are considered the most serious offences under sharia law, for which punishments are prescribed in the Quran. This includes banditry and adultery:
The punishment of those who wage war against Allah and His Messenger, and strive with might and main for mischief through the land is: execution, or crucifixion, or the cutting off of hands and feet from opposite sides, or exile from the land: that is their disgrace in this world, and a heavy punishment is theirs in the Hereafter, Except for those who return repenting before you apprehend them. And know that Allah is Forgiving and Merciful.
— Qur'an, Sura 5, ayat 33 & 34
Diyya is a payment to avoid trial for crimes such as murder. Concerns have been raised that poor offenders face trial and capital punishment while wealthy offenders avoid even a trial by paying off qisas compensation. The Murder of Shahzeb Khan in 2012 brought particular attention to this issue in Pakistan.
Certain hudud crimes, for example, are considered crimes against Allah and require capital punishment in public.[not specific enough to verify] These include apostasy (leaving Islam to become an atheist or convert to another religion), fasad (mischief in the land, or moral corruption against Allah, social disturbance and creating disorder within the Muslim state) and zina (consensual heterosexual or homosexual relations not allowed by Islam, specifically pre-marital or extramarital).
Muslim-majority nations carry out a large percentage of the world's executions. In the year 2020, an Amnesty International report found that 88 percent of all recorded executions took place in either Iran, Egypt, Iraq or Saudi Arabia. However, 'all recorded executions' did not include data from China, where the number of executions is classified information. In several Islamic countries such as Sunni Saudi Arabia and Pakistan, as well as Shia Iran, both hudud and qisas type capital punishment is part of the legal system and in use. In others, there is variation in the use of capital punishment.
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Capital punishment in Islam
Capital punishment in Islam is traditionally regulated by the Islamic law (sharīʿa), which derived from the Quran, ḥadīth literature, and sunnah (accounts of the sayings and living habits attributed to the Islamic prophet Muhammad during his lifetime).[not specific enough to verify][not specific enough to verify] Crimes according to the sharīʿa law which could result in capital punishment include, murder, rape, adultery, potentially homosexuality, etc. The death penalty is in use in many Muslim-majority countries, where it is seen as sharīʿa-prescribed punishment for crimes such as apostasy from Islam, adultery, witchcraft, murder, rape, and publishing pornography.
Both the hadiths and the Quran mention specific crimes for which capital punishment is a valid punishment. In the four primary schools of Sunni fiqh (Islamic jurisprudence) and the two primary schools of Shi'a fiqh, certain types of crimes mandate capital punishment.
Qisas is a category of sentencing where sharia permits capital punishment, for intentional or unintentional murder. In the case of death, sharia gives the murder victim's nearest relative or Wali (ولي) a right to, if the court approves, take the life of the killer. Hudud crimes, which are crimes against God, and are considered the most serious offences under sharia law, for which punishments are prescribed in the Quran. This includes banditry and adultery:
The punishment of those who wage war against Allah and His Messenger, and strive with might and main for mischief through the land is: execution, or crucifixion, or the cutting off of hands and feet from opposite sides, or exile from the land: that is their disgrace in this world, and a heavy punishment is theirs in the Hereafter, Except for those who return repenting before you apprehend them. And know that Allah is Forgiving and Merciful.
— Qur'an, Sura 5, ayat 33 & 34
Diyya is a payment to avoid trial for crimes such as murder. Concerns have been raised that poor offenders face trial and capital punishment while wealthy offenders avoid even a trial by paying off qisas compensation. The Murder of Shahzeb Khan in 2012 brought particular attention to this issue in Pakistan.
Certain hudud crimes, for example, are considered crimes against Allah and require capital punishment in public.[not specific enough to verify] These include apostasy (leaving Islam to become an atheist or convert to another religion), fasad (mischief in the land, or moral corruption against Allah, social disturbance and creating disorder within the Muslim state) and zina (consensual heterosexual or homosexual relations not allowed by Islam, specifically pre-marital or extramarital).
Muslim-majority nations carry out a large percentage of the world's executions. In the year 2020, an Amnesty International report found that 88 percent of all recorded executions took place in either Iran, Egypt, Iraq or Saudi Arabia. However, 'all recorded executions' did not include data from China, where the number of executions is classified information. In several Islamic countries such as Sunni Saudi Arabia and Pakistan, as well as Shia Iran, both hudud and qisas type capital punishment is part of the legal system and in use. In others, there is variation in the use of capital punishment.
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