Punishments in Islamic Law

Punishment in general:
Punishment is defined as the act of punishing or the process of being
punished. Theories of punishment can be divided into two general
philosophies, the utilitarian theory and the retributive theory. The utilitarian
theory of punishment aims at punishing offenders to discourage or deter
future wrongdoing. The purpose of punishment is to act as an example to the
rest of society and put others on notice that criminal behavior will not be
tolerated and will be punished. The retributive theory on the other hand seeks
to punish offenders because they deserve to be punished.
 Punishments in Islamic Law
Punishments under Islamic Law:
As with all penal systems, the Islamic law system prescribes punishments
when someone is found guilty of a wrongdoing. The philosophy of
punishments in Islam indicates that Islam provides punishment only as a last
resort and the purpose behind it is reform brought about through a blending of
human values and justice tempered with mercy. Punishments in Islam reflects
its values where it puts the interest of the society before the interest of an
individual. The punishment can be severe depending on the crime but have to
abide with strict rules and have prominent features. Some of the features of
punishment are as follows:
• Punishments are meant to be a last resort.
• Punishments are made to be examples to the public.
• Punishment are to reform an offender.
• Punishments are a form of retribution for the victim.
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Dimensions of Punishment under Islamic Law:
The punishment system in Islam is aimed towards the three dimensions of any
crime being the criminal, society and the victim. To criminals punishment is
kaffara (purification) and reforming for the re-acceptance into society. To society
on the other hand, punishment is a preventive method to save society from crimes
and finally to victims, punishment is a means of retribution. Punishments in
Islamic Law were set down to protect and secure the ultimate five elements of
people’s interests: Dharuriyat (necessities).
These are:
 Deen (belief)
 Nafis (life)
 Aql (intellect)
 Mal (wealth)
 Nasl (family and lineage)
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The types of punishment:
There are four categories of punishment that criminals may be subjected to, namely:
 Hadd (literally meaning boundaries),
 Qisas (retribution)
 Diyat (blood money),
 Ta’zir (chastisement) and Mukhalafat (which covers areas of the rights of the state).
Hadd:
Hadd (plural Hudood) literally means boundaries or prohibition. It is considered to be the most
severe of crimes as they go against God’s will and punishments for these crimes are fixed as they
have been prescribed by Allah (SWT) in the Holy Quran. The five offences prescribed are zina
(illicit sexual relations), qazaf (false accusation of zina), sariqah (theft), shrub al-khamr
(consumption of alcohol), riddah (apostasy). These offences appear to have been selected to
indicate that life, family institution, property, honor and social order have to be protected.
Evidence for these crimes have to be provided by abiding to stringent rules thus, making
conviction difficult. If the crime is proven, offenders for these crimes are punished in public as a
measure of deterrence. However it is only carried out as a last resort after a thorough effort at
reforming the person has totally failed.
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Riddah:
where a Muslim renounces his or her faith, it is treated as treason. A mandatory
punishment has been set for this offense. Males face beheading, while females face
imprisonment until the time where they renounce their new belief and revert to the
teachings of Islam. However, every effort is made to allow the male offender to revert to
Islam including receiving visits of religious officials before the punishment is inflicted.
Zina:
A married individual would face death by stoning while an unmarried person would face
100 lashes.
Qazaf
80 lashes are mandatory for a free person while slaves face 40 lashes.
Sariqah
A first time offender faces amputation of one hand at the wrist, a second time offender
faces amputation of the second hand while a third time offender face either amputation at
the ankle or imprisonment until the individual repents.
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Hirabah:
If death is caused, the offender faces death by beheading. If no death occurs, the offender faces cross-
limb amputation. If the offender is arrested before commission, he is imprisoned until repentance.
Drinking Alcohol:
80 lashes are mandatory for a free person while 40 lashes are mandatory for slaves as per Shafi school.
Baghy (Rebellion):
Death is imposed for those who fight and are captured. However, Ta'zir punishments are for those who
are arrested or surrender.
Looking at the punishments set out above, it appears as very severe and harsh but the main
purpose of Hudood punishments is to deter the commission of crime in the very first place.
Taking the example of sariqa (theft), Allah SWT proclaims,
“As to the thief, male or female cut off his or her hands, a punishment by way of example, from
God, for their crime: and God is Exalted in power” 
Islam does not tolerate theft as it deprives a person of their hard earned money and belongings.
Looking at the above verse, it is clear that the intention to punish the offender is to set an
example for the rest of society that an act of stealing will not be condoned or accepted by God.
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Wisdom of Hudood Laws:
What Hudood seeks to bring is peace and order and disciplined behavior as
people would seriously consider their actions to do an evil deed as they know
the punishment that awaits them is severe. This is the wisdom of Hudood. But
this is not to say that under Islamic Law, at the slightest chance available,
punishment will be imposed. On the contrary, punishments would only be
imposed as a last resort where all the conditions and elements of the crime
have been satisfied.
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Qisas and Diyat:
Another feature of Islamic Law is the right of retribution (Qisas). The concept of
retribution is explained in the Holy Quran as follows:
“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 God, for (God) love not
those who do wrong.” 
In simple terms, Qisas follows the doctrine of an eye for an eye, where the
punishment is similar to the crime. As Qisas is usually reserved for crimes that
involve homicide or bodily harm, for a crime of homicide, the punishment would
be death while a crime involving bodily harm, the punishment would be to inflict
an injury comparable to the harm caused. A unique feature of the punishment of
these crimes is that the victim is able to request for punishment or to forgive the
offender. The victim may also request for Diyat (blood money), a form of
compensation paid by the offender to the victim, the amount of which has to be
equal to the loss incurred and not more.
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Ta’zir:
Ta’zir punishments are discretionary punishments that do not fall under the jurisdiction of
Hudood or Qisas and cannot be used as an alternative to these punishments. Ta’zir can,
however, be used if a crime has been committed but has not met the standards of Hudood or if
the offender has been pardoned by the victim. They are the most flexible type of punishment
because they take into account the needs of society and changing social conditions. It is also
flexible enough to realize the maximum general benefit to society, effectively reform the
criminal and reduce the harm that was caused. The punishments may range from anywhere
between a warning to death.
One famous example happened in the time of ‘Umar Bin Khattab, where he punished a scholar
who gave false testimony. He ordered that the scholar should have his head shaved, his face
painted black, and he paraded semi-clothed in front of people while sitting backwards on a
donkey. But the punishment can be just as severe as the punishments under Hudood. The
power to punish is given to the judge or to the legal authorities.
The purpose of Ta'zir is to prevent an offender from repeating the offence or to incline a person
to fulfill his or her duty. It has to also be determined if the offender has committed similar
crimes in the past, making the punishment individualized. 
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Mukhalafat:
This covers the areas of the rights of the state. A person or group contravenes a law
which the state has enacted such as exceeding the speed limit or parking in no
parking areas. The punishment imposed is at the discretion of the judge or the legal
authorities.
Kaffarah:
If a person who has not fulfilled their duty (such as not fasting or performing
prayers), the individual is required to pay kaffarah or penance. It is not meant to be
a punishment rather it is a reminder of their obligations. There are three forms of
kaffarah which are offering a sacrifice, feeding six orphans or the poor and
performing fast for three days. The kaffarah that needs to be performed depends on
the violation that had occurred. It is interesting to note that the ‘crime’ here is not
one which is against the state or another individual but is a failure to fulfill one’s
duty or obligations under Islam of which there are also ‘punishments’ prescribed.
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Punishment as a last resort:
The ultimate aim for a Muslim society is that its citizens do not commit crimes at all
and so there should be no occasion to resort to extreme punishments like the
amputation of the hand in cases of theft or flogging or being stoned to death in cases of
zina. The very thought of watching someone lose a hand for committing theft is
definitely unpleasant and considered harsh which is why it is not surprising that
Hudood punishments often make the headlines in the media due to its severity.
However the severity of the punishment is to serve as a prevention and deterrence from
committing these crimes in the first place. It is better to be severe to one and save a
thousand than to be indulgent to all and ruin many. Allah SWT is certainly a good
surgeon who does not hesitate to amputate a rotten limb to save the whole body. Just
imagine if you see someone walking around with only one hand because he was
punished under Hudood for stealing, you would keep away from such person. This
indirectly causes stigmatization for the offender as society would not want to be
associated with an offender. This is another motivating factor to desist from
committing the crime.
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Punishment as a last resort:
Further, just because punishments under Islamic Law are seen to be harsh, it
does not necessarily make them unjust. According to [Link] ,
incidences of cutting off the hands are rare in an Islamic society for two
reasons. Firstly, statistically speaking, the simple enforcement of Hudood
punishment itself has a significant deterring effect on potential offenders
which inadvertently reduces the crime rate in a society administered by
Shariah.
Secondly, the procedure in seeking conviction of an alleged offender is so
elaborate and strict and involves a host of exceptions and conditions, as a
result of which in most cases the offender’s punishment is reduced from the
level of Hadd to Ta’zir, where the judgment is left to the discretion of the
judge.
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The Right of Retribution:
Under Islamic law, it offers the aggrieved party the right of retribution. This right of retribution
belongs to the individual, and not to the society or state. This simple shift in the responsibility
brings about a profound change in the whole system of implementing justice. Instead of starting an
irreversible process of trial and punishment which would involve a great deal of time and costs,
Islamic law leaves the ground open for settlement between individuals, without the interference by
impersonal bureaucratic machinery, though under no circumstances can the individual take the law
into his or her own hands.
If we compare this with a country like Malaysia which has its own Criminal Laws enshrined under
the Penal Code and the Criminal Procedure Code, where a person is a victim of theft or robbery
for example, the action against the accused is brought by the state and not the victim. Also where
all the elements of the crime are satisfied, the accused would be either imprisoned for a period
which may extend to seven years, fined or in some cases to both imprisonment and fine. Under
this criminal law system, the tax payer who may include the victim themselves would be burdened
with ‘taking care’ of the ‘welfare’ of the accused whilst in prison. Fines paid are paid to the state
and not to the victim who is actually the aggrieved party.
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The Concept of Forgiveness:
The concept of forgiveness is one of the main elements under the
concept of punishment under Islamic law. In Islamic Law the
wishes of the victim or his family is given an important role in
deciding whether or not the punishment should be carried out.
The victim is allowed to pardon the perpetrator because the
punishment in crimes under Qisas is considered the right of the
victim and is avoidable because “whoever forgives and makes
amends, his reward is due from Allah. The ideal way is not to
seek revenge at all but reconciliation and to make the offender
realize the gravity of his or her offence.