Sharia Law

Crime and Punishment

 What is Sharia law?
• It literally means a “a path to be followed”

• Technically – it is a complete code of Moral,

Social, Economic, Political and Religious life
adopted by all/ most Muslims
 Sources of Sharia Law 1
• The Quran (Muslims believe it contains God’s Law)

• The Teachings of the Prophet Muhammad – (Who

interpreted and explained the laws of God)

• Analogical deduction – Quran doesn’t address each and

every human situation. (That is literally impossible) So in
the sitaution where something is not in the Quran or the
Teachings of the Prophet – ‘universal principles’ from the
Quran are used along with reason to deduce a ruling.
– E.g: Alcohol is forbidden (illegal) in the Quran because of its
negative impact on intellect and other things
– No ruling for other harsh drugs can be found in the Quran
– The two are similar in that they have a negative impact on the
intellect – thus harsh drugs take the same ruling as Alcohol.
Harsh drugs are also ‘illegal’ under Shariah Law.
 Sources of Sharia Law 2
• Public Interest/ Good – Looking at what is in
the best interest of the society. (see slide 6)

• Customary Practice – General practices of

people from country to country are different.
The custom of the people is sometimes
considered.
 What does Sharia cover?
Sharia Law covers the rules and regulations concerning:
• Ritual Worship of Muslims

• Family Law – Marriage and Divorce

• Economic/ Business Law – make sure all financial

transactions are fair and just

• Inheritance Law – Money of deceased are fairly distributed

• Criminal Law – ensure justice and stability in society

• International Law – Concerns all aspects of International

Relations. E.g: Trade and Sanctions, Peace Treaties, Rules of
War etc
 Objectives of Shariah Law
Shariah Law aims to provide protection of:

1. Religions (all religion and beliefs)

2. Life
3. Lineage
4. Wealth
5. Intellect
6. Honour and Dignity
 Clarifying misconceptions
• Muslims living in countries that do not have
Sharia law MUST obey the law of the country
they are in, as following the law of the ‘host’
country is also part of Sharia Law.

• Not anybody can apply Sharia Law – it must go

through the courts and follow due process

• Only a qualified Judge has the right to make a

ruling

• The premise is – Innocent until proven guilty!

 Crime and Punishment
• Like any legal system, different crimes have
different punishments.
• This can range from:
– Paying a fine
– Community service
– Going to jail
– In serious crimes, capital punishment is still
sometimes enforced, but has strict conditions
attached before it can be implemented
• Capital punishment – i.e: death penalty, lashing,
chopping off the hand
 Islamic Criminal Law Today …
Tariq Ramadhan:
“The majority of the ulamâ’ (Muslim scholars),
historically and today, are of the opinion that these
penalties are on the whole Islamic but that the
conditions under which they should be implemented
are nearly impossible to reestablish.
These penalties, therefore, are “almost never
applicable”. The hudûd [capital punishment] would,
therefore, serve as a “deterrent,” the objective of
which would be to stir the conscience of the believer
to the gravity of an action warranting such a
punishment”
 Death Penalty
• Treason – conspire against the state

• Intentional Murder (eye for an eye)

• Committing Adultery (‘Cheating’ on your spouse), but there are

conditions:*
– There must be 4 witnesses to have witnessed the 2 people engaged in
intercourse (they each must be there in person and see the actual
penetration of the body parts)
– The 4 witnesses must all be considered truthful people, who must
each have 2 people to attest to their truthfulness
– There must be no doubt that the act happened
– The one accused must admit to their guilt
– The judge must be 100% certain, and must give the accused 3
opportunities to appeal against the decision.
*If anyone of the above conditions are not met the punishment cannot
take place
 Cutting off the Hand
• When someone commits theft.
• Basic Conditions:
– The person must be sane, over 15 years of age, and
not living in poverty
– Petty theft is not included – the theft must be of a
significant value
– For an item to be considered stolen it must be taken
from the owners possession and put into the
possession of the thief in a place that is considered a
place of safe keeping
– Stealing of food is not considered
– The evidence against the convicted person must be
beyond reasonable doubt
 In all cases …
• Innocent until proven guilty!

• In terms of capital punishment - The principle

rule for the judge:

‘Avert the capital punishments with doubt’

Meaning: The judge should look for every reason to

avert the death penalty, lashing, and chopping of
the hand; by considering all possible scenarios,
ensuring that these punishments are only applied in
the worst and most serious of cases
 Case study
• In Turkey, during the ottoman empire, a woman
was convicted of fornication.
• She had become pregnant
• However the judge ruled in her favour by
suggesting that:
– She used a hammam (a public bath – common in
Turkey in those days)
– There might have been some sperm (from a previous
male user) that she sat on which could have possibly
impregnated her
– The possibility of such a thing occurring = doubt
– Thus no punishment
Consider the Following
Scenarios…
 Scenario 1
• 14 year old boy steals a car

• No charge – too young, however judge may

rule to have some community service

• The guardians will be rebuked – but no

charge; however compensation must be paid
for any damages and inconvenience caused
 Scenario 2
• A man has a secret affair with a married
woman

• No charge
– No witnesses
– Impossible to prove
 Scenario 3
• A man steals a chocolate bar

• Petty Theft: ASBO/ Fine/ Community service,

but no capital punishment – value too less
 Scenario 4
• A rich man steals an expensive item
– If the man is sane
– Knows full well that stealing the item is a crime – (sane)
– Publically admits to the crime of theft
– After taking the item he puts it in a place of safe keeping
(i.e: his own house or its like)
– No doubt in the matter of his stealing
– No plausible reason for taking the item
– If item was not in a place where it is prone to theft

• Ruling: Hand chopped off

 Scenario 5
• A poor girl steals some food

• No punishment on grounds of poverty

(under Shariah Law, the state is responsible for
eradicating poverty)
 Scenario 6
• There is a famine/ drought

• All capital punishment related to theft is

dropped – due to public interest

• However crimes of theft may result in paying

fines, and in very serious cases jail time.
 Activity
• Consider the Benefits and Disadvantages of
Shariah Law:
Benefits Disadvantages
 Debate
Debate whether the application of Sharia Law
would be beneficial for a society