The Qur’an mentions the purpose
of administering the punishments it prescribes:
The purpose of the death penalty is
to safeguard man's existence in this world:
There is life for you in Qisas, O men
of insight! that you may follow the limits set by Allah.(2:179)
He who killed a human being without the latter being guilty
of killing another or of spreading disorder in the land should be looked
upon as if he had killed mankind altogether, and he who saved a human being
should be regarded as though he saved all mankind. (5:32)
Amin Ahsan Islahi explains this in the
following way:
‘When the Qur’an says: ‘there is life
for you in Qisas’, it is actually referring to the life of a society
and not to the life of an individual. If a murderer is executed because
of his crime, it apparently seems as if a second life has been taken, but
a little deliberation shows that this punishment is actually a guarantee
of the life of the whole society. If this punishment is not carried out,
there is a strong chance that the mental disorder in which a person commits
this crime is infectiously transmitted to the society. The extent of various
diseases differs: diseases which result in such heinous crimes as murder,
robbery, theft or fornication are like those diseases in which it is necessary
to amputate some limb of the body to save the whole body. Amputating a
limb may seam a callous act, yet a doctor has to be callous. If by showing
sympathy to this limb he does not force himself to this cruelty, he shall
have to bear with the patients death.
A society in its collective capacity is like a body. At
times, one of its limbs gets infected to the extent that the only option
is to cut it from the body through an operation. If sympathy is shown by
considering it to be the limb of a patient, there is all the chance that
this would fatally effect the whole body.’ (‘Tadabbur-i- Qur’an’,
Vol 1, Pgs 436-7)
In the cases of fornication, qadhaf and
theft the purpose of the punishments is that besides being a grievous reward
of the crime, the criminal be humiliated so that he becomes an example
for the society.
In the case of fornication, the Qur’an
says:
And let a party of the believers witness their
punishment. This man guilty of fornication may only marry a woman similarly
guilty or an idolateress and this woman guilty of fornication may only
marry such a man or an idolater. The believers are forbidden such marriages.
(24:2-3)
About qadhaf, the Qur’an says:
And never accept their testimony in future. They
indeed are transgressors. (24:4)
In the case of muharbah (waging
war against Allah and His Prophet (sws)) and spreading disorder in the
land, the Qur’an asserts:
Such is their disgrace in this world, and in
the Hereafter theirs will be an awful doom.(5:34)
About theft, the Qur’an emphasises:
As a reward of their own deeds, and as an exemplary
punishment from God. (5:38)
Islahi comments on this verse in the following
manner:
‘(In this verse) two reasons have been stated
for the amputation of hands: firstly, it is the punishment of the crime,
and secondly, the punishment has to be given in an exemplary way so that
it becomes a means of a severe warning for others. The Qur’an uses
the word nakal for such a punishment. Since both these reasons are stated
adjacently without any conjunction between them, both of them must be regarded
as essentials in carrying out the punishment i.e., a means of retribution
of the crime and a means of a severe warning for the society. Those who
do not simultaneously take into consideration both these aspects often
end up thinking that the punishment is severer than the crime itself. The
actual fact is that this punishment is not only the retribution of the
criminal act, it is also a means to put an end to the many crimes which
may be triggered as a result, if the criminals are not totally discouraged
by treating them harshly. Like the craving for sex, the lust for wealth
is equally intense in a person. If this lust is allowed to thrive and prosper,
the consequences which arise may well be observed in our own society by
any keen eye. If a list of crimes committed in the most civilised of countries
in one year only because of theft is prepared, it will be enough to reveal
the truth. The fainthearts of these civilised societies are deeply moved
if hands are amputated because of theft, yet the horrendous crimes which
result directly or indirectly through theft fail to rouse any feelings
of concern in them. Theft is not a simple crime: it is a source of many
crimes. If this crime is eliminated, these crimes shall automatically be
taken care of. Consequently, it is a matter of experience that the amputation
of hands on account of theft has not only reduced instances of this crimes,
it has also gone a long way in reducing other crimes as well. If by amputating
a few hands, the life wealth and honour of thousands of people are safeguarded
then this is not a bad deal at all; in fact, it is a very lucrative one.
Regrettably, our intellectuals fail to appreciate this.’ (Taddabur-i-Qur’an,
Vol 2, Pgs 512-3)
(Translated from Ghamidi's "Mizan" by
Shehzad Saleem)
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