Crimes in Islam

Crimes under Islamic Law can be broken down into three major categories. Each will be discussed in greater detail with some common law analogies. The three major crime categories in Islamic Law are: 1. Had Crimes (most serious). . Ta!ir Crimes (least serious). ". #esas Crimes (re$enge crimes restitution). Had crimes are the most serious under Islamic Law% and Ta!ir crimes are the least serious. &ome 'estern writers use the (elon) analog) (or Had crimes and misdemeanor label (or Ta!ir crimes. The analog) is *artiall) accurate% but not entirel) true. Common Law has no com*arable (orm o( #esas crimes. +airchild% in her e,cellent book on com*arati$e justice% makes the (ollowing obser$ation o( Islamic Law and *unishment (+airchild% *.-1). .unishments are *rescribed in the #uran and are o(ten harsh with the em*hasis on cor*oral and ca*ital *unishment. The(t is *unished b) im*risonment or am*utation o( hands or (eet% de*ending on the number o( times it is committed...

Had Crimes
Had crimes are those which are *unishable b) a *re/established *unishment (ound in the #uran. These most serious o( all crimes are (ound b) an e,act re(erence in the #uran to a s*eci(ic act and a s*eci(ic *unishment (or that act. There is no *lea/bargaining or reducing the *unishment (or a Had crime. Had crimes ha$e no minimum or ma,imum *unishments attached to them. The *unishment s)stem is com*arable to the determinate sentence im*osed b) some judges in the 0nited &tates. I( )ou commit a crime% )ou know what )our *unishment will be. There is no (le,ibilit) in the 0.&. determinate model or in the *unishment (or Had crimes o( Islamic Law. 1o judge can change or reduce the *unishment (or these serous crimes. The Had crimes are: 1. 2urder3 . 4*ostas) (rom Islam 1. (making war u*on 4llah and his messengers)3 1. The(t3 . 4dulter)3 ". 5e(amation . ((alse accusation o( adulter) or (ornication)3 1. 6obber)3

. 4lcohol/drinking. The (irst (our Had crimes ha$e a s*eci(ic *unishment in the #uran. The last three crimes are mentioned but no s*eci(ic *unishment is (ound (&chmalleger%*.78"). &ome more liberal Islamic judges do not consider a*ostas) (rom Islam or wine drinking as Had crimes. The more liberal Islamic nations treat these crimes as Ta!ir or a lesser crime. Had crimes ha$e (i,ed *unishments because the) are set b) 9od and are (ound in the #uran. Had crimes are crimes against 9od:s law and Ta!ir crimes are crimes against societ). There are some sa(eguards (or Had crimes that man) in the media (ail to mention. &ome in the media onl) mention that i( )ou steal% )our hand is cut o((. The Islamic judge must look at a higher le$el o( *roo( and reasons wh) the *erson committed the crime. 4 judge can onl) im*ose the Had *unishment when a *erson con(esses to the crime or there are enough witnesses to the crime. The usual number o( witnesses is two% but in the case o( adulter) (our witnesses are re;uired. The media o(ten lea$es the *ublic with the im*ression that all are *unished with (lims) e$idence or limited *roo(. Islamic law has a $er) high le$el o( *roo( (or the most serious crimes and *unishments. 'hen there is doubt about the guilt o( a Had crime% the judge must treat the crime as a lesser Ta!ir crime. I( there is no con(ession to a crime or not enough witnesses to the crime% Islamic law re;uires the Had crime to be *unished as a Ta!ir crime.

Tazir Crimes
2odern Islamic &ociet) has changed greatl) (rom the time o( the .ro*het. Contem*orar) &haria Law is now in written (orm and is statutor) in nature. Islamic conce*ts o( justice argue that a *erson should know what the crime is and its *ossible *unishment. +or e,am*le% Eg)*t has a *arliamentar) *rocess which has a (ormal *enal code written and based u*on the *rinci*les o( Islamic Law% but &audi 4rabia allows the judge to set the Ta!ir crimes and *unishments. 2odern Islamic Law recogni!es man) di((erences between these two nations. It also allows (or much greater (le,ibilit) in how it *unishes an o((ender. The major m)th o( man) *eo*le is that judges in Islamic nations ha$e (i,ed *unishments (or all crimes. In realit) the judges ha$e much greater (le,ibilit) than judges under common law. Ta!ir crimes are less serious than the Had crimes (ound in the #uran. &ome common law writers use the analog) o( misdemeanors% which is the lesser o( the two categories ((elon) and misdemeanor) o( common law crimes. Ta!ir crimes can and do ha$e com*arable <minor (elon) e;ui$alents.< These <minor (elonies< are not (ound in the #uran so the Islamic judges are (ree to *unish the o((ender in almost an) (ashion. 2ohammed &alam 2adkoar% who was the head o( Islamic

Law at the 0ni$ersit) o( Cairo% makes the (ollowing obser$ation (2inistr) o( the Interior% 1=>7%*.18-): Ta!ir *unishments $ar) according to the circumstances. The) change (rom time to time and (rom *lace to *lace. The) $ar) according to the gra$it) o( the crime and the e,tent o( the criminal dis*osition o( the criminal himsel(. Ta!ir crimes are acts which are *unished because the o((ender disobe)s 9od:s law and word. Ta!ir crimes can be *unished i( the) harm the societal interest. &haria Law *laces an em*hasis on the societal or *ublic interest. The assum*tion o( the *unishment is that a greater <e$il < will be *re$ented in the (uture i( )ou *unish this o((ender now. Historicall) Ta!ir crimes were not written down or codi(ied. This ga$e each ruler great (le,ibilit) in what *unishments the judge was able to dis*ense. The judge under Islamic Law is not bound b) *recedents% rules% or *rior decisions as in common law. ?udges are totall) (ree to choose (rom an) number o( *unishments that the) think will hel* an indi$idual o((ender. The onl) guiding *rinci*le (or judges under &haria Law is that the) must answer to 4llah and to the greater communit) o( 2uslims. &ome o( the more common *unishment (or Ta!ir crimes are counseling% (ines% *ublic or *ri$ate censure% (amil) and clan *ressure and su**ort% sei!ure o( *ro*ert)% con(inement in the home or *lace o( detention% and (logging. In some Islamic nations% Ta!ir crimes are set b) legislati$e *arliament. Each nation is (ree to establish its own criminal code and there is a great dis*arit) in *unishment o( some o( these crimes. &ome o( the more common Ta!ir crimes are: briber)% selling tainted or de(ecti$e *roducts% treason% usur)% and selling obscene *ictures. The consum*tion o( alcohol in Eg)*t is *unished much di((erentl) than in Iran or &audi 4rabia because the) ha$e (ar di((erent ci$il laws. Islamic law has much greater (le,ibilit) than the 'estern media *ortra)s. Each judge is (ree to *unish based u*on local norms% customs% and in(ormal rules. Each judge is (ree to (i, the *unishment that will deter others (rom crime and will hel* to rehabilitate an o((ender.

Qesas Crimes and Diya

Islamic Law has an additional categor) o( crimes that common law nations do not ha$e. 4 #esas crime is one o( retaliation. I( )ou commit a #esas crime% the $ictim has a right to seek retribution and retaliation. The e,act *unishment (or each #esas crime is set (orth in the #uran. I( )ou are killed% then )our (amil) has a right to seek #esas *unishment (rom the murderer. .unishment can come in se$eral (orms and also ma) include <5i)a.< 5i)a is *aid to the $ictim:s (amil) as *art o( *unishment. 5i)a is an ancient (orm o( restitution (or the $ictim or his (amil). The (amil) also ma) seek to ha$e a *ublic e,ecution o( the o((ender or the (amil) ma) seek to *ardon the o((ender. Traditional #esas crimes include:

1. . ". -.

2urder (*remeditated and non/*remeditated). .remeditated o((enses against human li(e% short o( murder. 2urder b) error. @((enses b) error against humanit)% short o( murder.

&ome re*orters in the mass media ha$e critici!ed the thought o( <blood mone)< as barbaric. The) labeled the *ractice as undemocratic and inhumane. #esas crimes are based u*on the criminological assum*tion o( retribution. The conce*t o( retribution was (ound in the (irst statutor) <Code o( Hammurabi< and in the Law o( 2oses in the (orm o( <an e)e (or an e)e.< 2uslims add to that sa)ing <but it is better to (orgi$e.< Contem*orar) common law toda) still is (illed with the assum*tions o( retribution. The 0nited &tates (ederal code contains <mandator) minimum< sentences (or drug dealing% and man) states ha$e (i,ed *unishment (or drugs and $iolence and using wea*ons. The 0nited &tates justice s)stem has ado*ted a retribution model which sets (i,ed *unishments (or each crime. The idea o( retribution is (i,ed in the 0.&. s)stem o( justice. #esas crime is sim*le retribution: i( one commits a crime he knows what the *unishment will be. 5i)a has its roots in Islamic Law and dates to the time o( the .ro*het 2ohammed when there were man) local (amilies% tribes and clans. The) were nomadic and tra$eled e,tensi$el). The .ro*het was able to con$ince se$eral tribes to take a monetar) *a)ment (or damage to the clan or tribe. This *ractice grew and now is an acce*table solution to some #esas crimes. Toda)% the 5i)a is *aid b) the o((ender to the $ictim i( he is ali$e. I( the $ictim is dead% the mone) is *aid to the $ictim:s (amil) or to the $ictim:s tribe or clan. The assum*tion is that $ictims will be com*ensated (or their loss. 0nder common law% the $ictim or (amil) must sue the o((ender in a ci$il tort action (or damages. #esas law combines the *rocess o( criminal and ci$il hearings into one% just as the <ci$il law< is a**lied in man) nations o( the world. #esas crimes are com*ensated as restitution under common law and ci$il law. The #esas crimes re;uire com*ensation (or each crime committed. Each nation sets the damage be(ore the o((ense and the judge then (i,es the *ro*er 5i)a. I( an o((ender is too *oor to *a) the di)a% the (amil) o( the o((ender is called u*on (irst to make good the di)a (or their kin. I( the (amil) is unable to *a)% the communit)% clan or tribe ma) be re;uired to *a). This conce*t is not (ound in common law or the ci$il law o( most nations. It acts as a great incenti$e (or (amil) and communit) to teach res*onsible beha$ior. 'hat ha**ens to the debt i( the o((ender dies and has not *aid itA Historicall)% it was *assed on to the o((ender:s heirs3 toda)% most nations terminate the debt i( the o((ender le(t no inheritance. @ne ;uestion that is o(ten raised is <'hat ha**ens i( a $ictim takes the di)a without go$ernment a**ro$al A< The $ictim or (amil) has committed a Ta!ir crime b) acce*ting mone) which was not mandated b) a judge: taking di)a must be carried out through *ro*er go$ernmental and judicial authorit).

4nother conce*t o( #esas crimes is the area o( *unishment. Each $ictim has the right to ask (or retaliation and% historicall)% the *erson:s (amil) would carr) out that *unishment. 2odern Islamic law now re;uires the go$ernment to carr) out the #esas *unishment. Historicall)% some grie$ing (amil) member ma) ha$e tortured the o((ender in the *rocess o( *unishment. 1ow the go$ernment is the inde*endent *art) that administers the *unishment% because torture and e,tended *ain is contrar) to Islamic teachings and &haria Law.

Conclusions
Contem*orar) treatment o( Islamic Law and <6adical 2uslims< is (illed with stereot)*ical characteri!ations. &ome in the 'estern media ha$e used the <1ew Bork Cit) bombings< as a wa) to increase hate and *rejudice. The) ha$e taken the $iews o( a (ew radicals and *rojected them onto all 2uslims. This action has done a great disser$ice to the 2uslim world. &ome academic writings also ha$e been distorted and not alwa)s com*letel) accurate and some researchers ha$e concluded that Islamic Law re;uires a (i,ed *unishment (or all crimes. These writers also ha$e concluded that Islamic judges lack discretion in their sentences o( de(endants in the &haria Court &)stem. There are (our Had crimes that do ha$e (i,ed *unishments set (orth in the #uran% but not all the Had crimes are bound b) mandator) *unishment. Islamic Law is $er) di((erent (rom English Common Law or the Euro*ean Ci$il Law traditions. 2uslims are bound to the teachings o( the .ro*het 2ohammed whose translation o( 4llah or 9od:s will is (ound in the #uran. 2uslims are held accountable to the &haria Law% but non/2uslims are not bound b) the same standard (a*ostas) (rom 4llah). 2uslims and non/2uslims are both re;uired to li$e b) laws enacted b) the $arious (orms o( go$ernment such as ta, laws% tra((ic laws% white collar crimes o( business% and the(t. These and man) other crimes similar to Common Law crimes are tried in modern <2a!alim Courts.< The 2a!alim Courts can also hear ci$il law% (amil) law and all other cases. Islamic Law does ha$e se*arate courts (or 2uslims (or <religious crimes< and contem*orar) non/religious courts (or other criminal and ci$il matters.

Security and stability are basic human needs, no less important than food and clothing. Without security and stability, a human being is not able to properly conduct his daily life, let alone come up with new ideas or contribute to the development of a high level of civili ation. !an has been conscious of the need for security since the beginning of his life on "arth, and he has continuously e#pressed his awareness of this need in many ways. With the formation and evolution of human society, he has e#pressed this and other needs through the establishment of a state and the formation of laws. $his was accomplished in order to ensure general security, settle disputes and conflicts that threaten society, and oppose e#ternal threats to its security posed by other nations. $he development of these man%made laws did not come to completion e#cept in the last few centuries as the result of a long process of trial and error. &y contrast, the 'aw of (slam was sent down to !uhammad, may the mercy and blessings of )od be upon him, in its complete form as part of *is final message to humanity. (slamic 'aw pays the most careful attention to this matter and provides a complete legal system. (t ta+es into consideration the changing circumstances of society as well as the constancy and permanence of human nature. ,onse-uently, it contains comprehensive principles and general rules suitable for dealing with all the problems and circumstances that life may bring in any time or place. 'i+ewise, it has set down immutable punishments for certain crimes that are not affected by changing conditions and circumstances. (n this way, (slamic 'aw combines between stability, fle#ibility, and firmness. .rom what angle does (slam approach combating crime/ What are the principles that the (slamic penal code is based upon/ What are the distinguishing features of this code/ What are the measures that it employs to combat crime/ What types of punishments e#ist in (slam/ What are the ob0ectives behind their being legislated/ $hese are the -uestions that will be dealt with in the following pages.

The Islamic Approach to Combating Crime

$he ultimate ob0ective of every (slamic legal in0unction is to secure the welfare of humanity in this world and the ne#t by establishing a righteous society. $his is a society that worships )od and flourishes on the "arth, one that wields the forces of nature to build a civili ation wherein every human being can live in a climate of peace, 0ustice and security. $his is a civili ation that allows a person to fulfill his every spiritual, intellectual, and material need and cultivate every aspect of his being. $his supreme ob0ective is articulated by the 1uran in many places. )od says2 We have sent our Messengers with clear signs and have sent down with them the book and the criterion so that man can
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establish justice. And we sent down iron of great strength and many benefits for man... (Quran !"# $ 4nd *e says2 %&od wants ease for you' not hardshi(... (Quran #")* $ 4nd *e says2 &od wants to make things clear for you and to guide you to the ways of those before you and to forgive you. &od is the All knowing' the Wise. &od wants to forgive you and wants those who follow their desires to turn wholeheartedly towards (what is right$. &od wants to lighten your burdens' and +e has created man weak. (Quran ,"#-.#*$ 4nd *e says2 &od commands justice' righteousness' and s(ending on ones relatives' and (rohibits licentiousness' wrongdoing' and injustice% (Quran )-"/0$ Since the (slamic legal in0unctions are aimed at achieving human welfare, they can all be referred bac+ to universal principles which are necessary for human welfare to be secured. $hese universal principles are2 1. 2. 3. 4. 5. $he preservation of life. $he preservation of religion. $he preservation of reason. $he preservation of lineage. $he preservation of property.

$he (slamic penal system is aimed at preserving these five universal necessities. $o preserve life, it prescribes the law of retribution. $o preserve religion, it prescribes the punishment for apostasy. $o preserve reason, it prescribes the punishment for drin+ing. $o preserve lineage, it prescribes the punishment for fornication. $o preserve wealth, it prescribes the punishment for theft. $o protect all of them, it prescribes the punishment for highway robbery. (t should therefore become clear to us why the crimes for which (slam for which the 'aw has prescribed fi#ed punishments are as follows2 1. 2. 3. $ransgression against life 5murder or assault6. $ransgression against property 5theft6. $ransgression against lineage 5fornication and false accusations of adultery6.
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4. 5. 3.

$ransgression against reason 5using into#icants6. $ransgression against religion 5apostasy6. $ransgression against all of these universal needs 5highway robbery6.

Distinguishing Features of the Islamic Penal System

(n the aforementioned principles, (slamic 'aw and contemporary law coincide, though (slamic 'aw has the distinction of being first. *owever, the (slamic penal system also has uni-ue virtues and distinguishing features, among the most important of which are the following2 1. $he inner deterrent of man8s moral conscience is fully integrated with e#ternal supervision. $his is due to the fact that (slamic 'aw, when dealing with social problems such as crime, does not rely merely on legislation and e#ternal deterrents. (t focuses more on the internal deterrent, placing the greatest emphasis on man8s moral conscience. (t endeavors to develop this conscience within a person from childhood so that he can be brought up with the noblest moral character. (t promises success and salvation for those who wor+ righteousness and warns wrongdoers of an evil fate. (n this way, it stirs up emotions, ma+ing a criminal renounce his ways by inspiring him with faith in )od, hope for divine mercy, fear of divine punishment, adherence to moral virtues, love for others, and a desire to do good to others and refrain from causing in0ury and harm. 2. (t has a balanced outloo+ with respect to the relationship between the individual and society. $his becomes clear from the fact that while the 9ivine 'aw protects society by legislating punishments and preventative measures against crimes, it does not marginali e the individual for the sa+e of society. :n the contrary, its priority is the protection of the individual, his freedom, and his rights. (t provides every safeguard to leave no e#cuse for a person to have to resort to crime. (t does not set out to punish without first preparing for the individual a situation conducive to a virtuous and happy life.

Forms of Punishment in Islam

(slamic 'aw, in confronting the problems of life and setting down solutions for them, is established on two complimentary principles. $hese are2 the stability and permanence of its basic tenets on the one hand and the dynamism of its subsidiary in0unctions on the other. .or the unchanging aspects of life, (slamic 'aw brings fi#ed statutes. .or the dynamic aspects of life that are affected by social development, broadening hori ons, and advances in +nowledge, (slamic 'aw comes with general principles

and universal rules capable of being applied in a number of different ways and in a variety of circumstances. When we apply these principles to the penal system, we find that (slamic 'aw has come with clear te#ts prescribing fi#ed punishments for those crimes that no society is free of, crimes that do not vary in their forms because they are connected with the constant and unchanging factors of human nature. (slamic 'aw confronts other crimes by stating the general principle that decisively indicates their prohibition, leaving the punishment to be decided by the proper political authority in society. $he political authority can then ta+e the particular circumstances of the criminal into consideration and determine the most effective way to protect society from harm. (n accordance with this principle, punishments in (slamic 'aw are of three types2 1. <rescribed punishments 2. =etribution 3. 9iscretionary punishments

Prescribed Punishments
,rimes that fall under this category can be defined as legally prohibited acts that )od forcibly prevents by way of fi#ed, predetermined punishments, the e#ecution of which is considered the right of )od. $hese punishments have certain peculiarities that set them apart from others. 4mong these are the following2 1. 2. $hese punishments can neither be increased nor decreased. $hese punishments cannot be waived by the 0udge, the political authority, or the victim after their associated crimes have been brought to the attention of the governing body. &efore these crimes are brought before the state, it may be possible for the victim to pardon the criminal if the damage done was only personal. $hese punishments are the >right of )od8, meaning that the legal right involved is of a general nature where the greater welfare of society is considered. $he following crimes fall under the 0urisdiction of the fi#ed punishments2

3.

1.

Theft

$heft is defined as covertly ta+ing the wealth of another party from its secure location with the intention of ta+ing possession of it.

2.

igh!ay "obbery

*ighway robbery is defined as the activity of an individual or a group of individuals who go out in strength into the public thoroughfare with the intention of preventing passage or with the intention of sei ing the property of passers%by or otherwise inflicting upon them bodily harm.

#.

Fornication and Adultery

$his is defined as any case where a man has coitus with a woman who is unlawful to him. 4ny relationship between a man and a woman that is not inclusive of coitus does not fall under this category and does not mandate the prescribed, fi#ed punishment.

$.

False Accusation

$his is defined as accusing the chaste, innocent person of fornication or adultery. (t also includes denying the lineage of a person from his father 5which implies that his parents committed fornication of adultery6. .alse accusation includes any claim of fornication or adultery that is not bac+ed up by a proof acceptable to (slamic 'aw.

%.

Drin&ing

:ne of the most important ob0ectives of (slam is the reali ation of human welfare and the avoidance of what is harmful. &ecause of this, it @permits good things and prohibits harmful things.A (slam, thus, protects the lives of people as well as their rational faculties, wealth, and reputations. $he prohibition of wine and the punishment for drin+ing it are among the laws that clearly show (slam8s concern for these matters, because wine is destructive of all the universal needs, having the potential to destroy life, wealth, intellect, reputation, and religion. )od says2 1 you who believe2 3erily wine' gambling' idols' and divination are but the abominations of 4atan5s handiwork' so abandon these things that (erchance you will be successful. 4atan only wishes to cause enmity and hatred between you through wine and gambling and to (revent you from the remembrance of &od and (rayer. Will you not then desist6 (Quran "/0./)$

'.

Apostasy

4postasy is defined as a !uslim ma+ing a statement or performing an action that ta+es him out of the fold of (slam. $he punishment prescribed for it in the Sunnah is e#ecution, and it came as a remedy for a problem that e#isted at the time of the <rophet, may the mercy and blessings of )od be upon him. $his problem

1B

was that a group of people would publicly enter into (slam together then leave (slam together in order to cause doubt and uncertainty in the hearts of the believers. $he 1uran relates this event to us2 A grou( from the 7eo(le of the 4cri(ture said" 89elieve in what is revealed to those who believe at the beginning of the day' then disbelieve at the end of the day' so (erha(s they might return from faith. (Quran :"!#$ $hus, the prescribed punishment for apostasy was instituted so that apostasy could not be used as a means of causing doubt in (slam. 4t the same time, the apostate is given time to repent, so if he has a misconception or is in doubt about something, then his cause of doubt can be removed and the truth clarified to him. *e is encouraged to repent for three days.

"etribution
$his is the second type of punishment in (slamic 'aw. $his is where the perpetrator of the crime is punished with the same in0ury that he caused to the victim. (f the criminal +illed the victim, then he is +illed. (f he cut off or in0ured a limb of the victim, then his own limb will be cut off or in0ured if it is possible without +illing the criminal. Specialists are used to ma+e this determination.

Important Rules Regarding Retribution

1. =etribution is not lawful e#cept where the +illing or in0ury was done deliberately. $here is no retribution for accidentally +illing or in0uring someone. )od says2 1 you who believe' retribution is (rescribed for you in the case of murder... (Quran #")!*$ 4nd *e says2 %;here is retribution in wounds... (Quran ", $ 2. (n the crimes where the criminal directly transgresses against another, (slam has given the wish of the victim or his family an important role in deciding whether or not the punishment should be carried out. (slam permits the victim to pardon the perpetrator, because the punishment in these crimes is considered the right of the victim. (slam even encourages pardon, promising a reward in the hereafter for the one who does. )od says2 <f anyone waives the right to retaliation out of charity' it shall be an e=(iation for him. (Quran ", $

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$he pardon can either be to the payment of blood money, a fi#ed, monetary compensation, or can be total, where no worldly compensation is demanded. )od says2 ;o forgive it is closer to (iety... (Quran #"#:!$ 3. $he punishment must be carried out by the government. $he family of the victim cannot carry it out.

The Wisdom behind Retribution:

With regard to (slamic punishments in general, and retribution in specific, we find that they have two complementary characteristics. $he first of these is the severity of the punishment. $his is in order to discourage the crime and limit its occurrence. $he second characteristic is the difficulty of establishing guilt, reducing the opportunities for carrying out the punishment, and protecting the accused. (n this vein, we see the principle that punishments are waived in the presence of doubt, and that the benefit of the doubt is always given to the accused. Some prescribed punishments are even waived on the grounds of repentance, as we can see in the case of highway robbery. $his is also seen in the permissibility of pardon in the case of retribution and the fact that pardon is encouraged and preferred. $hese two elements complement each other in that crime is effectively discouraged, protecting society, and the rights of the accused are safeguarded by the fact that speculation and accusations cannot be grounds for punishment, and that the accused en0oys the greatest guarantee of 0ustice and being spared the punishment whenever possible. !ost people will abstain from committing crime, because of the severity of the punishment, and the punishments for these crimes will rarely be carried out. (n this way, the general security of society and the rights of the individual are e-ually reali ed.

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Discretionary Punishments

$hese are punishments that are not fi#ed by (slamic 'aw, for crimes that either infringe on the rights of )od or the rights of an individual, but do not have a fi#ed punishment or a set e#piation. 9iscretionary punishments are the broadest category of punishments, because the crimes that have fi#ed punishments are few in number and all other crimes fall under the scope of this last category. $hey are the most fle#ible type of punishment, because they ta+e into consideration the needs of society and changing social conditions. ,onse-uently, they are fle#ible enough to reali e the ma#imum general benefit to society, effectively reform the criminal, and reduce the harm that he causes.
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(slamic 'aw has defined different types of discretionary punishments starting from e#hortations and reprimands to flogging, to fines, and to imprisonment. $hese discretionary measures are left to the decision of the legal authorities within the general framewor+ of (slamic 'aw and the universal purposes of (slam that balance between the right of society to be protected from crime and the right of the individual to have his freedoms protected.

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