How Does Islam Approach Crime and Punishment?
Answered by Shaykh Bassem Itani
Question
How does Islamic criminal jurisprudence address issues of crime and punishment?
Answer
All praise is due to Allah, Lord of the worlds, and blessings and peace be upon our master Muhammad, his Family, and all his Companions.
Islamic criminal jurisprudence addresses issues of crime and punishment based on the principle of proportionality between the crime and its punishment, a concept encapsulated in qisas (retribution), which emphasizes the principle of equitable retribution.
Islamic criminal jurisprudence is characterized by the following principles in its approach to crime and punishment:
Mercy and Protection of Society
Islamic criminal jurisprudence emphasizes that the ultimate outcome of qisas is mercy for humanity, fostering a peaceful, secure, and wholesome society free from corruption, oppression, and aggression. Allah (Most High) says:
“There is (security of) life for you in (the law of) retaliation, O people of reason, so that you may become mindful (of Allah).” [Quran, 2:179]
Establishing Justice
The foundation of Islamic criminal law is justice among people. Punishments are legislated to deter criminals and ensure fairness by equating the severity of the punishment to the crime committed. Allah (Most High) says:
“Indeed, We sent Our messengers with clear proofs, and with them We sent down the Scripture and the balance (of justice) so that people may administer justice.” [Quran, 57:25]
Equality Before the Law
Islamic criminal law applies to everyone equally—ruler and ruled, leader and follower, strong and weak. The Prophet (Allah bless him and give him peace) established this principle when he said:
“What destroyed the nations before you was that when a noble person among them stole, they let them go, but when a weak person stole, they enforced the penalty. By Allah, if Fatima, the daughter of Muhammad, were to steal, I would cut off her hand.” [Nasa’i]
Certainty and Evidence in Establishing Punishments
Islamic jurisprudence requires absolute certainty and clear evidence to enforce punishments or hudud (fixed penalties). If there is any doubt, the punishment is not carried out. As stated in the hadith:
“Ward off the punishments by doubts.” [Ibn ‘Adi]
This is a foundational principle in Islamic criminal law, agreed upon by all jurists. Sayyiduna ‘Umar Ibn al-Khattab (Allah be pleased with him) said:
“To suspend the enforcement of hudud because of doubts is more beloved to me than enforcing them with doubts.” [Ibn Abi Shayba]
Accountability in the Hereafter
Islamic criminal jurisprudence holds that if someone commits a crime and evades punishment in this world without sincere repentance to Allah, they will face the consequences in the Hereafter, where true justice will be established.
Summary
Islamic criminal jurisprudence views punishments not as ends in themselves, but as effective tools to eliminate crime and criminals to the extent possible. This approach promotes security and peace, preserving human life and societal well-being.
Allah is the One who grants success.
May Allah protect us and you from both open and hidden sins.
[Shaykh] Bassem Itani
Shaykh Dr. Bassem Hussayn Itani was born in Beirut, Lebanon, in 1965. He earned his Ph.D. in Islamic Studies in 2005. Among his mentors were Shaykh Muhammad Taha Sukkar, Shaykh Adib al-Kallas, Shaykh Mulla Abdul ‘Alim al-Zinki, Shaykh Abdul Rahman al-Shaghouri, Shaykh Abdul Razzaq al-Halabi, Shaykh Dr. Mustafa Dib al-Bugha, Shaykh Dr. Wahba al-Zuhayli, Dr. Muhammad al-Zuhayli, and others, may Allah have mercy on them all.
Shaykh Itani has a rich background in both academic and administrative fields. He has held significant positions in many governmental and non-governmental institutions in Lebanon and abroad. This includes his role as a member of the Academic Committee at SeekersGuidance and a senior teacher with the free online global seminary.
From 2020 to 2021, he served as the Dean of the College of Da‘wa – University for Islamic Studies (Lebanon) – Postgraduate Studies. He was the Director of Dar Iqra for Islamic Sciences from 1998 to 2018. Shaykh Itani is a well-versed teacher in several academic subjects, including Fiqh, Usul, Aqida, and Tafsir. He has supervised and examined numerous Master’s and Doctoral theses at various universities and colleges in Lebanon.
His contributions to Islamic sciences are also evident in his writings and research. His notable works include “The Relied-upon Statements of Imam Zufar in the Hanafi School,” “Collective Ijtihad: The Sublimity of Thought in the 21st Century,” and “Custom and its Impact in Islamic Jurisprudence.” Shaykh Itani has actively participated in numerous scientific conferences and seminars, both in Lebanon and internationally. He is linguistically adept, excelling in Arabic, proficient in French, and comfortably conversant in English.
