❖ Objections and Background
Critics of Islamic penal laws often label them as inhumane and barbaric, claiming they violate human rights and are impractical in the modern era. These objections are particularly prevalent among the Western-educated elite, who view Islam through a Western lens rather than engaging with it directly.❖ Background of the Objections
➊ Ancient Legal Concepts:Opponents view Islamic penal laws as outdated and uncivilized, deeming them unsuitable for contemporary implementation.
➋ Severity of Punishments:
Some argue that the punishments prescribed in Islam are too harsh and not acceptable within modern civil societies.
❖ The Real Perspective
Such objections overlook the societal consequences of crime and the corruption it breeds. Just as a diseased limb might require amputation for the body's survival, removing a criminal element from society becomes a necessity for justice and public safety.❖ Allegations of Disgraceful Punishments
Critics claim that Islamic punishments are humiliating, forgetting that every punishment inherently carries a degree of disgrace. Islamic punishments are made severe and public precisely to serve as a deterrent, making others think twice before committing similar crimes.❖ Protection of Human Rights
Another objection is that Islamic punishments violate human rights. However, these critics often focus solely on the criminal's rights while ignoring the rights of the victims. Those who advocate to protect the life of a murderer forget that the victim's life was equally sacred. If a murderer is spared despite the victim’s heirs not forgiving him, justice is denied.❖ Safeguarding Public Security
Human rights advocates often express compassion for the criminal, yet show little concern for the broader society. Laws that are lenient towards criminals can embolden criminal behavior. In Islamic countries where Shari‘ah punishments are enforced, the crime rate is notably low. For example, in Saudi Arabia, people leave their shops open during prayer times without fear of theft.❖ Islam’s Mercy and Compassion
No religion surpasses Islam in compassion and human welfare. Even in the battlefield, Islam commands respect for enemies’ rights, forbidding harm to children, women, the elderly, and religious persons. According to Syed Abul A‘la Maududi, calling Islamic penal laws "barbaric" is a reflection of secular culture, which sympathizes with criminals while undermining the gravity of actual crimes.❖ References:
➊ Abu Zaid, Quarterly Iqaz: “Four Witnesses for Rape—What’s the Reality?”➋ Dr. Muhammad Razi-ul-Islam Nadwi: “Significance of Islamic Penal Laws”
➌ Mufti Syed Abdul Quddus Tirmidhi: “Definition and Types of Shari‘ah Punishments”
➍ Hasan Madani: “Council’s DNA Recommendation”
➎ M.A. Zaidi: “Regulations for Preventing Crime in Islam”
