Crimes Where Judgement is Capital Punishment as per Sharia Law
Most of us are discussing about Sharia Courts without any discussion on what is Sharia and what is not, and no one is going through the source through which the Sharia Jurist derives their judgment on the case to case basis. Sharia derives its judgementprimarily from Quran and then secondarily from Sunnah, and there are four different schools of thoughts (Hanafi, Maliki, Shafi’i, Hanbali) in Sunni Islam and (Ja’fari, Zaidi) in Shia Islam. The most prominent book for the subject of Sharia is Reliance of Traveler which is acknowledged by the world most prestigious Islamic University Al-Azhar University as the most authentic source for knowing about Sharia.
However, in this Article, we would be talking about the crimes or people who would get Capital Punishment wherever the Sharia is applicable however all the crimes mentioned below does result in Death penality in India but would result in Capital Punishment if Sharia was applied fully in India.
1. The Apostate from Islam
2. The Murderer
3. The Adulterer
4. The Rapist
5. The Homosexual
6. The Person Who Commits Bestiality
7. The Person Who Commits Incest
8. The Blasphemer
9. The Drug Smuggler/Dealer
10. The Magician.
We do not have a law in India or in Hinduism which states that those who change their religion should be killed as India has been a country where four religion took birth. However, in Islam Apostates are considered as traitors/Spy.
“On the authority of Ibn Abbas (RA) narrated the Messenger of Allah (SAW) said: “If somebody (a Muslim) discards his religion, kill him.1,2,3,4,5,6
Also, we find the support of death penalty to Apostates from Quran verse (An Nisa 4:89)
“But if they turn back (from Islam), take (hold) of them and kill them wherever you find them”7
In a civilized country there are laws which try to understand the motive of murder in case if the murder is of self-defence the punishment is not severe however if the Murder is willful then severe punishment is given to guilty however capital punishment is still rare but this is not the case in Islam under the Sharia penalty of Murder is death. Also under Islam, a Muslim is not supposed to kill another Muslim unless he is spreading mischief in the land which generally means the acts which are against Islam or can harm Islam.
Below Hadith can be seen as a source on how Prophet use to deal with Murderer or people who use to spread mischief in the land of Islam
“The climate of Medina did not suit some people, so the Prophet ordered them to follow his shepherd, i.e., his camels, and drink their milk and urine (as a medicine). So they followed the shepherd that is the camels and drank their milk and urine till their bodies became healthy. Then they killed the shepherd and drove away from the camels. When the news reached the Prophet he sent some people in their pursuit. When they were brought, he cut their hands and feet, and their eyes were branded with heated pieces of iron.”8
However, as Islam differentiates between believer and non-believer the ruling also differs hence in case Muslim kills a Non-Muslim the punishment would not be harsh,but he could financially pay for the loss of life to a remaining member of non-muslim if they are alive only in case if its proven that Non-Muslim use to pay Jizya willingly.
“A Muslim should not be killed in retaliation for the murder of a disbeliever.” 9
Adulterer and Rapist
Adultery is a crime in India under IPC 497. However, the law is in favor of women however the reverse is applicable in Sharia if the victim fails to provide fourwitnesses that she has been raped or if there is the availability of 4 witnesses in case of Adultery the punishment is death10,11,12,13
Although homosexual acts are illegal in India and many Non-Muslim countries however the punishment of such acts are not capital punishment. Sharia is quite clear that punishment for such an act is death.
We can also the below Fatwa issued by Ibn Qudamah-
If two women engage in lesbian sexual relations, then they are guilty of zina and are cursed, because it was narrated that the Prophet (peace and blessings of Allaah be upon him) said: “If a woman has sexual relations with another woman, then they are both guilty of zina.” There is no hadd punishment for them because they did not have intercourse, rather it is likened to intimate relations that are less than intercourse, and they are to be subjected to a ta’zeer punishment14.
Indian IPC 377 says the person who engages in such act is to be imprisoned for life or 10 years and need to pay fine. The same is punishable by death as per Sharia.
Abdullah ibn Abbas: The Prophet (SAW) said: “If anyone has sexual intercourse with an animal, kill him and kill it along with him.” I (Ikrimah) said: I asked him (Ibn Abbas): ‘What offence can be attributed to the animal?’ He replied: ‘I think he (the Prophet) disapproved of its flesh being eaten when such a thing had been done to it.’
Although we do not have any specific law dealing with such acts however the several law can be applicable in such an act where there has been an abuse of Child especially POSCO. Sharia has the ruling of capital punishment for such an act.
Ibn Abbas reported that the Holy Prophet (saw) said, “Any man who commits the crime of incest must be put to death,and any man who cohabits with an animal both him and the animal must be put to death.”
The 295(A) is a gift by Muslim community to Hindus although they failed to push the notion of the death penalty to anyone who insults Prophet but the judgement for Sharia is death.
Hussain ibn Ali related from his father Ali Ibn Abi Talib that the Messenger of Allah (SAW) said: “Whoever curses a Prophet, kill him. Whoever curses my Companions, beat him.”19, 20, 21
Sharia is clear about the crime related to drugs smuggling is considered as spreading Mischief as people who would be engaged in drugs would leave their responsibility of pray and Jihad hence it is considered as spreading mischief hence the punishment here is death23
The recompense of those who wage war against Allah and His Messenger and do mischief in the land is only that they shall be killed or crucified or their hands and their feet be cut off on the opposite sides, or be exiled from the land. That is their disgrace in this world, and a great torment is theirs in the Hereafter.
Some people would find this as odd however under Sharia people show tricks are considered as Magician,and the punishment for such crime is death as these people are the one who claims to have Allah’s name and attributes.29 Although as perSharia Muslims are not allowed to read books with the genre of Magic in it30.
Jundub (RA) reported that the Messenger of Allah (SAW) said: “The hadd (prescribed punishment) for the practitioner of magic is a blow with the sword (i.e., execution)” 24, 25, 26, 27, 28
As we can see from above only Murder, Repeated Drug dealing and Rape offences (In case the crime is heinious like 2012 Delhi Gangrape) result in Capital Punishment that too its rare to award capital punishment in India. One can also note that crime like Adultery is a social and personal crime, and it does not have a direct impact on society while Homosexual act, Blasphemy, and Magic acts are not even crime but since all these are acts which are considered prohibited in Islam the state needs to carry on capital punishment for the same.
1. Sahih Bukhari (4/61) No. 3017
2. Musnad Ahmad (1/322) No. 2968
3. Sunan al-Nasa’i (7/104) No. 4059
4. Sunan Ibn Majah (3/574) No. 2535
5. Sunan Abu Dawud (4/126) No. 4351
6. SunanTirmidhi (4/59) No. 1458
9. Sunan ibn-Majah 2761
15. [Sunan Abu Dawud (4/159) No. 4464
16. SunanTirmidhi (4/56) No. 1455
17. Musnad Ahmad (1/269) No. 2420
18. Sunnan Ibn Majah No.2564 also NaylulAwthaar Vol. 7 pg.118
19. al-Mu’jamalAwsat al-Tabarani (5/35) No. 4602
22. Al-Ma’idah 5:33
24. SunanTirmidhi (4/60) No. 1460
25. Sunan al-Daraqutni (4/120) No. 3204
26. Mustadrak al-Haakim (4/401) No. 8073
27. al-SunanalKabir al-Bayhaqi (8/234) No. 16500
28. al-Mu’jam al-Kabir al-Tabarani (2/161) No. 1665
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