Capital Punishment: A Counter Narrative in Islamic Jurisprudence

موقف الفقه الإسلامي في مناهضة عقوبة الإعدام

  • Dr. Muhammad Habash Professor of Islamic Studies, University of Abu Dhabi, UAE
Keywords : Capital Punishment, Islamic Fiqh, Qur'an, Qasas

Abstract

There has been a sharp rise in the award of capital punishment in the Muslim world. It has been observed that several of these cases do not result from fair trials and majority of them are based on either political victimization or reprisals for one or the other reason which are linked to the teaching of the Qur’an or Islamic Jurisprudence although Islam and the Qur’anic teachings have nothing to do with such atrocities or unfair legal proceedings. The question is whether the capital punishment has been awarded after a fair trial or it is based on political victimization. It has to be noted here that the God of Islam is very merciful. He has promised a greater reward for the aggrieved person if he chooses to forgive the offender.It means there is a choice in Islam which does not at all encourage capital punishment. In fact, Islamic jurisprudence is not followed and practiced in true letter and sprits. The laws are being misused for self-interest. No fair trials take place and no attempt is made to eradicate the causes of injustices. The teachings of Islam are mainly misunderstood and misinterpreted. We need to comprehend the spirit of Islamic law and find solutions for all such issues that arise because of our lack of true knowledge of Islamic teachings. This paper deals with the problem of executions from a different perspective contrary to what is happening in the Islamic world as far as implementation of Islamic law is concerned.

Published
2019-06-25
How to Cite
HABASH, Dr. Muhammad. Capital Punishment: A Counter Narrative in Islamic Jurisprudence. Journal of Religious Studies, [S.l.], v. 2, n. 3, p. 130-138, june 2019. ISSN 2663-0206. Available at: <https://jrs.uoch.edu.pk/index.php/journal3/article/view/108>. Date accessed: 17 july 2019. doi: https://doi.org/10.33195/uochjrs-v2iIII1082018.