Qur'anic Roots of the Shari'a,
7
THE
SEVERE
PUNISHMENTS
OF ISLAM
Observations on Qur'anic Roots
of Muslim Criminal Law and on its Application
by the Muslim Schools of Jurisprudence
Abd al-Masih
,
GRACE-AND-TRUTH
All Rights reserved
033 - Version 19.6.2003
English Title: The Severe Punishments of
Islam
German Title: Die harten Strafen des Islam
GRACE-AND-TRUTH • P.O.Box
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The Qur'an contains 37 verses that speak about
exemplary punishments for disturbing the peace, for robbery, murder, bodily
injury, theft, adultery, rape and suspicion of adultery. Out of these verses
and with reference to Muhammad's life (Sunna) the five schools of jurisprudence
have developed a pre-medieval system of criminal law.
The Islamic lawyers have placed different values on
crimes than is done in Europe. Pre-marital relations and adultery are
considered to be more severe than murder or theft. Bodily injury and paying
blood money are handled in more detail than murder or falling away from Islam.
Whoever wants to travel in Islamic countries should get "oriented"
beforehand and should know the Muslim perspective on law if he does not want to
cause harm or experience it himself.
Islam does not understand itself to be a religion of
grace, love and selflessness, but rather is based on the law of the Shari'a.
Islam does not want to sharpen one's conscience or to secure forgiveness of
sins, but rather wants to enforce a law that is based on retribution.
Islam can reach its full force only when it is both
religion and state at the same time. Islamic law requires an authoritative body
that can enforce the law. Islam in its full form must be a state religion or a
religious state. The Qur'an inspires Islamic fundamentalists to claim that
praying, fasting, donating, pilgrimages and fighting for Allah is not the whole
Islam. This will only be realized when Islamic verdicts and sentences are
executed strictly.
Islam is based on the fear of God and
punishments. Some Muslims call the law of retribution (qisas) the actual
Shari'a or its main element. The Qur'an states: The punishment (qisas)
is your life! (Sura al-Baqara 2:129)
Islamic schools of law have divided the various
punishments into three categories:
I.
Severe Punishments (hudud)
The severe punishments are listed in detail in the
Qur'an as Allah's revelation and are considered to be an unavoidable duty.
These punish attacks on Islam as well as pre-marital sex, adultery, rape,
slander and theft.
II.
Punishments of Retribution (qisas)
The punishments of retribution are applied to murder,
homicide, accidents, as well as bodily injury. They allow either actual
retribution for the crime or paying blood money as a substitute penalty.
III.
Disciplinary Measures (ta'zir)
Disciplinary measures are not described in the
Qur'an and were left to the discretion of judges in earlier times. Today
Islamic countries fix set punishments for these crimes also. Such punishments
are generally not discussed by the schools of jurisprudence.
IV.
Special Cases
Falling away from Islam or drinking alcoholic drinks
are placed in one of the above three categories by the various schools.
The Qur'an deals first and foremost with the severe
punishments and the law of retribution. Pedantic lawyers, however, make it
difficult to prove that an actual crime was committed and push arguments for
leniency through, so that the severer punishments cannot be applied lightly.
But the fundamentalists in Algeria, Indonesia, Afghanistan and Chechnia believe
that they are bound to apply Allah's law without mercy.
I. Severe Punishments (hudud)
1. The Punishments of Disturbing the Peace (hiraba)
Strangely enough, there is only one verse in the
Qur'an that comments on the sensitive issues of inciting to riot or the
overthrow of government. It is only mentioned in connection with Pharaoh and
his magicians, who believed in the Lord of Moses and Aaron, according to the Qur'an
(Sura al-A'raf 7:120-124):
The punishment (jaza') of those who wage war
against Allah and his messengers, and strive with might and main for mischief
through the land is: execution, or crucifixion, or the cutting off of hands and
feet from opposite sides, or exile from the land: that is their disgrace in
this world, and a heavy punishment ('adhab) is theirs in the Hereafter
(Sura al-Ma'ida 5:33).
The Arabic term hiraba can mean any attack by
an individual or a group against the authority of an Islamic state, since Islam
considers itself to be not only a religion but also a political community. This
term includes the planning, preparation and execution of attempts to overthrow
the government. Attacks against honored personages, spreading fear and terror
or even robbery are included in this paragraph. Extremists call even a verbal
attack against Allah war against Islam. In Pakistan critical statements about
Muhammad, the Qur'an, the Islamic faith and the Shari'a are considered to be
blasphemy, punishable by death.
The Qur'an also states that tempting a Muslim to fall
away from Islam is more serious a crime than murder (Sura al-Baqara
2:191,193,217 et al.)! With that, evangelistic services fall under the category
of an attack against Allah (hiraba)!
As soon as two reliable Muslim witnesses testify to
one of the above mentioned actions, the judge has the following possible
punishments at his disposal, according to his own decision:
a)
The execution of the agitator. This can be carried out by shooting, hanging,
beheading, or by terrorists dragging the agitator behind a moving vehicle until
he dies. Fundamentalists occasionally hack the condemned person to pieces, as
happened several times in Egypt, Algeria and Nigeria.
b)
The crucifixion of the guilty. In Iran someone who is crucified is not nailed to the
cross, but rather tied to it (§ 195).[1] He
may not stay on the cross longer than three days. If he has not died by then,
he will be taken down and set free. The Qur'an denies the crucifixion of Jesus
vehemently (Sura al-Nisa' 4:157) but it commands the crucifixion of people who
fight against Allah!
c)
Cutting off the right hand and left foot of the criminal is another option available to
the judge as a punishment. The punished criminal acts as deterrent to other
dissatisfied people.
d)
Banishment from an Islamic country is a punishment applied especially to foreigners whose
embassies intercede energetically for the release of a suspected or sentenced
criminal.
e)
A severe punishment in hell for eternity awaits anyone who opposes Allah and Muhammad, or who
tries to undermine an Islamic state.
2. Punishments for Adultery and Pre-Marital Relations
Many Islamic jurists consider sexual purity before
marriage and fidelity within marriage to be the most important topic of
the Shari'a, since this applies to every Muslim. The punishments for adultery,
pre-marital sex, homosexuality, lesbianism and soliciting are draconian and
meant to act as deterrents.
The woman and the man guilty of adultery or
fornication, - flog each of them with a hundred stripes: Let not compassion
move you in their case, in a matter prescribed by Allah, if you believe in
Allah and the Last Day: and let a party of the Believers witness their
punishment (Sura
al-Nur 24:2).
This Sura determines that men and women are to be
punished equally. In some Islamic countries men are to stand while being
flogged, but the women sit. The men are stripped of their clothing and only
their genitals remain covered. The women remain clothed. Their heads, faces and
genitals are not to be touched. The flogging may not take place when the
weather is very cold or very hot (§ 96).
Whoever has to suffer this torture will have damaged
nerves in his back and pain in his spinal disks for the rest of his life. The
flogging must take place before Islamic eyewitnesses. Clemency is out!
Slave women only receive half of the flogging that a
free woman gets if adultery has been proved (Sura al-Nisa' 4:25).
In Iran, someone with an incurable disease can be
struck only once with a bundle of 100 switches so that Allah's requirement of
100 lashes with a whip would stand (§ 94)!
The Qur'an contains even more conditions for the
punishment of adulterers:
If any of your women are guilty of lewdness, Take the
evidence of four (reliable) witnesses from amongst you against them; and if
they testify, confine them to houses until death do claim them, or Allah ordain
for them some (other) way (Sura al-Nisa' 4:15).
Many Muslim girls and women suspected of having a love
affair or pre-marital relations are quietly and without due process of law
locked in a room without food or drink until they die of thirst or starve to
death. Sometimes the mother or a sympathetic relative leaves the door unlocked
at night so that the girl can flee to friends or to liberal relatives. In
fanatical families the person accused of adultery is sometimes killed by the
eldest brother and buried unnoticed.
In view of some men there is an ambiguous verse in the
Qur'an that allows various interpretations:
If two men among you are guilty of lewdness, punish
them both. If they repent and amend, leave them alone; for Allah is
Oft-returning, Most Merciful (Sura al-Nisa' 4:16).
Some Muslims interpret this verse as another kind of
punishment for adulterers, others see it as a command to plague homosexuals in
the name of Allah until they desist from their perverse behavior. The Qur'an
knows of no spiritual renewal of sinners, rather it tries to keep the
transgressor from committing more crimes by means of punishment and threats.
Punishments for Adultery and Pre-Marital Relations in
the Shari'a
Islamic jurists have developed a system of deterrence
from the above mentioned verses so that no Muslims would dare to be involved in
pre-marital relations, adultery, homosexuality or lesbianism. The various
schools of law have added a tradition of Muhammad's passed on by Umar b.
al-Khattab, which states that all married adulterers must be stoned.
Based on these sources the following punishments have
been laid down for sexual offences in Iran:
a)
Execution of an Adulterer
This is to be carried out when someone has sexual relations
with a relative, with whom it has been forbidden in the Qur'an (especially
one of the father's wives!) (Sura al-Nisa' 4:22-23).
When a non-Muslim (Jew, Christian, animist or
atheist) sleeps with a Muslim woman. (All sex tourists to Muslim countries
should take note of this!)
In a case of rape (§ 82).
Both partners in a homosexual relationship are
to be put to death if both are adults and of sound mind (§ 109-112).
The judge chooses the mode of execution after
evaluating the condemned person (§ 110). This can be either shooting, hanging,
beheading or some other form of execution.
b)
Stoning the Adulterer and Adulteress
This should take place if one (or both) are married
(muhsin) and have a fertile, healthy spouse (§ 83).
When an old man or an old woman have had sexual
relations outside of their marriage they must be flogged before they are stoned
(§ 94).
The stoning is done by burying the adulterer up to his
waist and the adulteress up to her bosom (§ 102).
In stoning, the stones should not be too big so that
the person may not die too quickly, but not so small that they do not kill the
person (§ 104).
If the guilty person is executed on his own
confession, the judge must throw the first stone. But if eyewitnesses turned
him in, the eyewitnesses must throw the first stones, followed by the judge (§
99).
Pregnant or nursing women who have committed adultery
are not to be stoned until their child is born and weaned (§ 91).
If a husband or wife commit adultery while travelling
or in prison then they are not to be stoned (§ 86).
c)
Flogging
Flogging takes place in Iran for forbidden sexual
relations:
- An unmarried man and an unmarried woman are flogged
100 times (§ 88).
- 100 lashes of the whip are for two men who have
fondled one another sexually without having intercourse (§ 121).
- The punishment for lesbian lovers is also 100 lashes
of the whip for each partner (§ 129).
- Two men who lie naked under a cover without a good
reason receive fewer than 100 lashes of the whip (§ 123). The same applies to
women (§ 134).
- Whoever solicits two people to have disallowed
sexual relations, and who is accused of soliciting will receive 75 lashes of
the whip (§ 135-138).
- Two boys who are not of age receive less than 74
lashes of the whip for having homosexual relations (§ 74).
- When a man kisses another man passionately, he is to
receive less than 60 lashes with a whip (§ 124).
The Difficulties of Finding Evidence of Adultery
This miserable list of legal hypocrisy and contortions
in Islam could be continued indefinitely. But in his own harem Muhammad himself
had to endure the fact that such laws opened the door to every malicious rumor.
His favorite wife Aisha, still a teenager, was left
behind by her caravan and remained alone in the desert. A young man who rode by
from Medina took her along after some hours (or days) and returned her to
Muhammad. Immediately there were rumors of adultery in Medina. Muhammad sent
his tearful wife back to her father Abu Bakr - until Allah revealed to him that
adultery, pre-marital relations, homosexuality and lesbianism could only be
proven by a confession repeated four times by the guilty parties (§ 68) or by
four eye-witnesses whose testimony must agree in detail. Otherwise the suspect
could not be condemned (§ 74).
Based on this special revelation, legal experts of the
Shari'a developed a system to thwart the proving of a punishable sexual
offence:
In case the one(s) who confessed took back their
confession and four witnesses were not forthcoming, the hadd punishment
can be revoked (§ 71).
If the man (or woman) retreats his (or her) deed before
the witnesses have testified, the Hadd punishment can be revoked (§ 72).
Only when four male Muslim witnesses are able
to describe the adulterous or offensive act in detail, can the guilty
parties be condemned (Sura al-Nur 24:4; § 74).
If no four Muslim male eyewitnesses are to be found,
two women and three men can testify. If necessary, two men and four women will
do, but if there are not at least two men to testify, women alone cannot
testify to a crime (§ 73-76).
It remains a mystery why non-Muslim women convert to
Islam when they are legally discriminated against as eyewitnesses and also in
matters of inheritance.
But the real danger that hurts a prosecutor or
slanderer is that: If he cannot bring the required four eyewitnesses, he
himself will receive 80 lashes with a whip (§ 140; Sura al-Nur 24:4).
If only one witness contradicts the others in his
testimony, then all four receive 80 lashes (§ 76 and 78).
Because of these difficulties, it is almost impossible
to prove adultery by means of four witnesses. All witnesses are in danger of
being flogged because of one flaw in their testimonies. Apart from this, it is
impossible to observe an action like this closely and to describe it in detail
to pedantic lawyers.
With these regulations Muhammad took his severe laws
against adultery – maybe from personal reasons – to absurd lengths and made
them worthless. His laws are inhumanly severe but can seldom be enforced due to
flawed evidence.
The punishments for unproven slander go deep within
the life of the Muslim:
If a father tells his son: "You are not my
child" and cannot prove it, then he is to receive 80 lashes with a whip.
If someone claims that the son of a certain man is not
his legitimate child and cannot find four witnesses to this, then he is to be
flogged (§ 142).
Any suspicion of adultery or the hint of homosexuality
without four eyewitnesses leads to the flogging of the slanderer (§ 143).
Whoever claims that a certain girl is no longer a
virgin and who cannot produce four witnesses to prove this is to receive 74
lashes with a whip (§ 145).
Flogging a man or woman for slander or false testimony
is to be done when they are clothed and with only mild lashes (§ 155).
But if a husband accuses one of his wives of adultery
and cannot produce four witnesses, he must swear four times that he is telling
the truth and curse himself if lying.
His wife can escape the capital punishment that she is
threatened with by swearing four times that she did not commit adultery and
curse herself if her husband is telling the truth (Sura al-Nur 24,6-9; § 161).
This explosion of swearing as implied in the cursory
ceremony will sever the marriage without the man or woman being punished. But a
severe punishment in hell waits whoever slanders his innocent wife (Sura al-Nur
24:9).
Critical Questions to the Legislation for Adultery in
Islam
The Qur'an allows a temporary marriage (mut'a,
Sura al-Nisa' 4:24). Sunni Muslims reject this Qur'anic right (in theory), but
the Shiites practice it. This kind of agreement - say when travelling – based
on an agreed upon sum of money is nothing but legalized adultery.
The Qur'an reveals a curious expression about the exchange
of wives (Suras al-Nisa' 4:20-21; al-Tahrim 66:5 et al.). This regulation
is interpreted to mean divorcing the wives and exchanging them with their
friends' wives through a legal marriage. Reports on the behavior of some oil
sheiks, however, describe this shameful practice differently.
One of the main problems in Islam is the basic right
of every Muslim man to have up to four wives at the same time (Sura al-Nisa'
4:3). From the Christian understanding, this polygamy is nothing but
legal continuous adultery. Muslims claim that Muhammad had recognized that no
man could love several wives equally, so he actually intended men to be
monogamous (Sura al-Nisa' 4:3,129).
Muslim men also have the right to marry an unlimited
number of slave women along with the free women who are their wives
(Suras al-Nisa' 4:3,24,25,36; al-Nahl 16:71; al-Mu'minun 23:6; al-Nur
24:32,33,58; al-Rum 30:28; al-Ahzab 33:50 [twice]; al-Ma'arij 70:30 et al.).
This legalized adultery is again practiced in the Sudan a thousand times over.
It is difficult to imagine the despair and misery of the slavery that is hidden
within this "revelation."
Muhammad commanded his followers not to force
young, attractive teenage slaves into prostitution against their will, in order
to profit from them. But when this would happen, then Allah is forgiving and
merciful (Sura al-Nur 24:33)! Do Muslims then have the right to go to a
prostitute without being punished?
Muhammad himself surprised the wife of his adopted son
Zaid in her apartment when she was not fully dressed and married her
afterwards. When this strange act raised amazed questioning he revealed: Allah
is the one who influences hearts! Allah had married Muhammad to Zainab
according to a preordained plan after his adopted son Zaid had received from
her what he wanted and released her legally (Sura al-Ahzab 33:37-52).
Muhammad summarized his hard and yet superficial
concept of sexual behavior in a verse of the Qur'an: Allah created man
"weak." He allowed these marriage regulations in order to make it
easier for man (Sura al-Nisa' 4:28).
The Law of Jesus for Punishing Adultery
Jesus position on the Muslims' sexual regulations can
be found in the answer that he gave the pious Jews of his time (John 8:1-12).
They brought him an adulteress who had been caught in the act, so that he could
condemn her. But Jesus answered after some minutes of silence: Stone her as the
Law of Moses demands! But he made this condition: The one among you who is
completely without sin may throw the first stone! Then they all left
quietly – including his followers!
Jesus did not lessen the punishment required in the
Old Testament, nor did he make it difficult to produce evidence, as did
Muhammad, rather he exposed the immorality of all men. Our Lord judges not only
our deeds but also our intentions! This becomes clear in his basic law (the
Sermon on the Mount):
Whoever looks at a woman to lust for her has already
committed adultery with her in his heart (Matthew 5:27-30).
Jesus wants to lead us to the point where we are
broken and live in an attitude of repentance. He wants to free each of us from
the spirit of judgement and hypocrisy (Matthew 7:1-5) and lead us to want to
help and save the guilty.
Jesus was the only one in Jerusalem that day entitled
to throw the first stone, for he was without sin. But he did not, rather
took the sins of the adulteress on himself and died in her place under the
judgement of God. But he told the woman: Go and sin no more! That is his
answer to us and to all Muslims (John 8:1-12).
3. The Punishment for Theft
There is only one verse in the Qur'an that determines
the punishment for theft:
As to the thief, male or female, cut off his or her
hands: a punishment by way of example, from Allah, for their crime: Allah is
Exalted in power. But if the thief repents after his crime, and amends his
conduct, Allah turns to him in forgiveness; for Allah is Oft-forgiving, Most
Merciful. Do you not know that to Allah (alone) belongs the dominion of the
heavens and the earth? He punishes whom He pleases, and He forgives whom He
pleases: and Allah
hath power over all things (Sura al-Ma'ida 5:38-40).
The Qur'an does not specify what exactly constitutes
theft, nor how large an amount should be stolen for the thieves' hands to be
cut off. These definitions were fixed by the Islamic schools of law according
to Medinan practice, and they differ among themselves considerably.
With this hadd law Muhammad's traditions have
in part nullified even the Qur'anic verse in question! Most legal experts
demand the cutting off of the right hand as the punishment for the first theft
and the cutting off of the left foot as the punishment for the second, while
the Qur'an only mentions cutting off the hands!
Al-Tabari still represents the Qur'anic command in his
interpretation of this verse, while al-Jalalayn already inserts the position of
the legal experts into his commentary. He goes even further and requires that
the left hand be cut off for the third theft and the right foot for the fourth.
The development of this law and the regulations for
its execution show that the Qur'an does not have the final word on the
formulation of the Shari'a, but rather the consensus does the agreement of the
Muslim jurists and scholars of law. They gave preference to a later tradition
of Muhammad's over the only Qur'anic verse on this punishment!
According to the Qur'an punishment for theft is an act
of retribution and revenge by Allah, the owner and ruler of the universe. The
punishment should be a warning to others not to steal. With this warning law
and fear show themselves to be the actual driving forces behind Islam and
its culture. Evil should be overcome by evil. The unlimited love of God and
renewal of the senses out of gratitude for his grace and forgiveness are
foreign to Islam. In Islam evil is not overcome by good.
The punishment for theft is praised as a mark of
Allah's wisdom in the Qur'an. But his affection for the thief is only shown after
the punishment has been carried out, when his hand or foot has already been cut
off. The law of Islam must be fulfilled before an uncertain forgiveness can be
expected.
Muslim legal experts have recognized that this hadd
law should not be enforced at all times and in all places. If everyone who has
stolen would have a hand cut off the first time and a foot the second time, who
would still have all his limbs? Who would be in a position to work, care for
the crippled and feed his family? This law would be catastrophic in developing
countries where 20 to 50% of the workforce is unemployed!
Making it Difficult to Prove a Theft
For these reasons the legal experts in many Islamic
countries have set difficult conditions for defining theft. The criminal law
books of Iran contain conditions that contradict the laws of other Islamic
schools of law. The hadd punishment for theft can only be carried out in
Iran when the following conditions are met:
The thief should have been of legal age and
emotionally stable when he committed the crime. He must have stolen without
being compelled or forced to do so.
The thief must have known beforehand that the stolen
property belonged to someone else and that taking it away was a crime.
The owner of the stolen property should have kept it
in a place whose security measures were comparable with the value of the stolen
goods. The thief must have broken into this secure place alone or with the help
of others.
The value of the stolen goods must be equal at least
to the value of 0.2 grams of gold.
The theft should not have occurred during a famine.
If the stolen goods are returned after the theft
(before the testimony by witnesses), the hadd punishment no longer
applies (§ 198).
The theft must be testified to by two Muslim men of
good reputation or by the thief repeating his confession twice before the
judge.
The thief can be arrested for theft only if he was
caught stealing and observed by two people. An Arabic saying to this effect:
"Stealing is not a sin, but being caught is!" Another one says:
Stealing from Christians is tolerable (halal!); because the concurring
testimonies of two Muslim friends in favor of the thief make the testimony of
the Christian invalid.
If the thief confesses the crime once to the judge and
then returns the stolen property the hadd punishment does not apply (§
199).
The thief can be punished only, if the owner of the
property sues him and refuses to forgive him (where there is no accuser, there
is no judge). But if the thief regrets his theft ahead of two eyewitnesses
bringing proof, the hadd punishment does not apply (§ 200).
The stolen property cannot be state property or
property of a religious foundation, since there is no private owner then (§
198).
The inhuman punishment of hacked off limbs have almost
been banned into the realm of the impossible in Iran by pedantic lawyers. But
in other Islamic countries the law is enforced without care for any severed
parts. A magazine in the Sudan printed the picture of about 25 young men who
were holding up the stumps of their amputated limbs. A half dozen of them lay
on the ground in front of them because they had a foot as well as a hand cut
off. In a TV program in Iraq beaming young men with cut off limbs were shown
who testified that Allah had now forgiven them. They are happy that their sin
has been atoned for by cutting off their limbs!
Iran also put a limit on the way of amputation of
limbs. Its criminal code states:
With the first theft only four fingers of the
hand can be cut off, so that six fingers and the two palms remain.
With the second theft only the front half of
the foot can be cut off, so that part of the arch and the heel remain and he
can still limp (§ 201).
This practice contradicts the other Islamic schools of
law, which demand that the entire hand up to the wrist is amputated and with
the second theft the foot is amputated up to the ankle.
Whoever contemplates these horrifying punishments
understands why most Islamic countries do not leave the formulating and
execution of criminal law to the Muftis and Mullahs; rather they forbid the Hadd
punishments or use them occasionally as a deterrent. Islamic countries in which
the whole Shari'a has been implemented claim to be carrying out the whole law
of Allah faithfully.
Local battles for the legalization and execution of
the Shari'a in the different Islamic countries have not ended yet. The majority
of Muslims are against falling back to Middle Age standards. Basic human rights
are in constant disagreement with the Shari'a of Islam! That is why liberal
Muslim states allow the leaders of the mosque to have responsibility only for
the duties of worship and of everyday life, but keep the right to formulate and
execute martial and criminal law for themselves. They are trying to find a
compromise between European-American laws and Islamic law. But the Muslim
fundamentalists are determined to sacrifice their lives, so that the law of
Allah is carried out to the letter.
1. Retribution or Revenge is Predestined
All criminal acts and traffic accidents that cause
bodily injury or death fall under the law of retribution. As soon as blood
flows deeds are punished differently from the usual criminal penalties.
Here the ancient Semitic thinking breaks through, that the soul of a man is in
his blood, which cries to heaven for atonement when it has been shed. The
answer of the Qur'an to this is clear:
O you who believe! The law of equality is prescribed
to you in cases of murder: the free for the free, the slave for the slave, the
woman for the woman (Sura al-Baqara 2:178a).
The punishments for murder, homicide and bodily injury
are not intended to rehabilitate the criminal but to exact retribution and
revenge as commanded by Allah. So acts of revenge are not just emotional
reactions or acts of defending the clan's honor but are rather understood to be
a duty that was predestined from eternity, which must be fulfilled. Anyone who
does not atone for blood-guilt becomes guilty himself as in Moses' words: There
is no remission without the shedding of blood (Hebrews 9:22)! Forgiveness
without atonement would be a sin because the law demands retribution!
A living person from the clan of the murderer, with
the same social standing as the victims must be killed for every person whom he
had killed. A free, healthy man for a free, healthy man, a male slave who is
the property of the person who killed the slave, a free or enslaved woman for a
free or enslaved woman. (The discrimination against free woman in the Qur'an
becomes clear again in the fact that a free woman is mentioned together with
enslaved women and only after the slave men.)
Muhammad summarized the importance of retribution for
his religious community in the basic law:
Retribution (al-qisas) is life for you (Sura al-Baqara 2:179).
The fear of revenge should force the clans to live
together in peace. The law of retribution is one of the most important elements
of peace, protection and security among the Islamic clans. Most Muslims are no
solitary individuals separated from their families, rather members of a clan
that has welded itself together to a "we" through the law of
retribution in order to survive. Everyone has care for others, whether he wants
to or not.
2. An Eye for an Eye, a Tooth for a Tooth
The Qur'an commands retribution in exactly the same
measure as an individual or a group has been harmed. Pain and suffering may not
be greater in the act of revenge as in the previous wounding or murder, nor may
they be less than with the accident or the homicide. The basic law of retribution
(al-qisas) is, "Exact and equal" to the crime! The retribution
must be carried out at once, not in parts:
The prohibited month for the prohibited month, - and
so for all things prohibited, - there is the law of equality. If then any one
transgresses the prohibition against you, transgress likewise against him. But
fear Allah, and know that Allah is with those who restrain themselves (Sura al-Baqara 2,194b).
If you punish them successively do not punish them
more than they have harmed you (Sura al-Nahl 16,126).
The recompense (punishment) for an injury is an injury
equal to it (Sura
al-Shura 42,40).
The Hypocrites – deceive Allah and he deceives them! (Sura al-Nisa' 4,142).
These and similar verses developed a code of honor for
punishments of retribution in Islam. No one should punish another more, more
severely or more disgracefully than what happened to him, his clan or his
people. But reality, dominated by emotions, often looks different. Muslims
practice cruelty in every form, as by other people, as soon as their blood
boils. The law calls them to be sober, restrained and to use only the same
degree of force that they endured – but not less!
Unfortunately a chain of retribution has developed
from this religious duty in many Islamic countries, so that feuding clans
battle each other, hate or refuse to talk to each other for decades or
centuries.
In a Lebanese mountain village Muslim boys went to a
Protestant school and promised each other never to take part in the medieval
nonsense of clan revenge. But when the great feast of the end of Ramadan
approached the uncle of one of the two boys, whose father had been killed in an
accident, challenged his nephew, "How will you celebrate the feast when
your father has not been avenged?" The boy hurried home, took a gun, aimed
and shot the father of his friend, who was sitting on his balcony and talking
with friends. The avenger got on his motorcycle and raced to the police
station, turned himself in and confessed the murder to be a matter of honor,
asked for protective custody and was put in jail for two years. When he was
released after two years, his friend was standing at the prison gate. He pulled
out his revolver and shot his father's killer: point of honor, act of revenge!
When he is released after two or three years, the same will happen to him!
The vengeful chains of hate divide village communities
and people in the Near East with deep, invisible chasms. An act of revenge can
be carried out even after 20 years. It seems unavoidable unless all members of
both clans come to an agreement about blood money. Most Christians in the
Orient and the Occident do not appreciate the kind of peaceful life of
forgiveness Christ has freed them to enjoy.
3. The Command against Killing Muslims!
Anyone who reads the Qur'an will find several passages
that forbid Muslims to kill Muslims. Some of these verses, which lawyers of the
Shari'a have chosen to define the punishments of retribution, read as follows:
Never should a believer kill a believer except by
mistake: ...
(Sura al-Nisa' 4,92a).
If a man kills a believer intentionally, his
punishment will be Hell, to abide therein forever: The wrath and the curse of
Allah rests upon him, dreadful penalty is prepared for him (Sura al-Nisa' 4:93).
Nor kill (or destroy) yourselves: for verily Allah
hath been to you Most Merciful! If any do that in rancor and injustice, - soon
shall We cast them into the fire: and easy it is for Allah (Sura al-Nisa' 4:29-30).
We ordained for the Children of Israel that if any one
slew a person - unless it be for murder or for spreading mischief in the land -
it would be as if he slew the whole people (Sura al-Ma'ida 5:32). The pre-meditative
murder is an outlaw. Anyone who meets him should kill him immediately.
Do not kill a soul – which Allah has forbidden –
except for just cause. If anyone is slain by mistake, we have given his heir
authority (over the killer) but let him not exceed bounds (in taking revenge);
for he is helped (by Allah)... (Sura al-Isra' 17:33). (See also: Sura al-An'am
6:151c).
Kill not your own children for fear of poverty: We
shall provide sustenance for them as well as for you. Truly the killing of them
is a great sin (Sura
al-Isra' 17:31). (See also: Sura al-An'am 6:151b).
This verse includes the abortion of unwanted children.
Its unspoken goal is the growth of the world Muslim population through the
surplus of births.
Lawyers of the Islamic schools of law have developed a
catalogue of rights, duties and punishments from these verses, which include
pre-meditated murder, murder under compulsion, negligent homicide and
justifiable homicide by a blood avenger or in a Holy War (§ 204). Individual
paragraphs from the criminal codex of Iran illustrate the modern fixing of
Islamic law.
After a pre-meditated homicide the blood avengers can be
authorized by the imam to kill the murderer or the one who caused the accident
(§ 205).
If a Muslim man kills a Muslim woman intentionally,
one from the woman's clan with the right to avenge her blood must pay the
woman's murderer half of the blood money that is paid for a man in advance
(because women in Islam are legally worth only half as much as a man, but the
murderer who should be killed is worth twice as much as the woman who was
killed; § 209)!
If several Muslims together kill a Muslim, the man with
the right to avenge can obtain the right to kill all the people involved
in the murder, but must first pay a part of the blood money because his revenge
is more (costly) than their murder of one person (§ 212 and 213).
A pre-meditated murder can have judgement passed by
the confession of the murderer or the testimony of two eyewitnesses (§ 232 and
237).
In suspected cases of pre-meditated murder that could
not be proven yet, the deed will be continued by 50 sworn oaths. The ones
swearing the oaths must be related to the prosecutor and be grown men. If there
are fewer than 50 men who are allowed to swear, every one of them can swear
more than one oath, until there are 50 altogether. But if no man from the
prosecutor's clan is present, then the prosecutor himself can swear 50 oaths,
even if the prosecutor is a woman (§ 248).
A pre-meditated murder is subject to retribution. But
this can be changed into a payment of blood money, which may be higher or lower
than the price of a man, with the agreement of the avenger and the murderer.
4. The Killing of Non-Muslims
Anyone who ponders on the Qur'an verses mentioned
already, and the laws derived from them will find that the command against
killing applies to Muslims only. But how are Jews, Christians, animists and
unbelievers protected in Islamic lands? For Jews and Christians who live in
Islamic countries, who are under the protection of Islam (Ahl al-Dhimmah),
there is a kind of guarantee for their life and property. But as soon as they
become involved in a conflict, an accident or are suspected of murder, the
testimony of two Muslim witnesses annuls the testimony of all Jews and
Christians, even if they are obviously right. A Muslim who kills a Jew or
Christian is most often not sentenced to death, in the worst case there is a
symbolic fine. The discrimination against the Jews, Christians and other
minorities in the Islamic everyday life is depressing, even though special
regulations theoretically guarantee them personal freedom.
The situation of animists, idol-worshippers, pagans,
unbelievers or tribal religions as found in great numbers in Africa or Asia is
different. The unrestricted command of Allah, which appears five times in the
Qur'an applies to them:
Kill them wherever you find them (Suras al-Baqara 2:191
[twice]; al-Nisa' 4:89,91; al-Tawba 9:5).
Allah's command to kill does not belong to criminal
law but to martial law of Islam. Killing the unbelievers appears, in the end,
to be an act of revenge because animists have not voluntarily accepted Islam.
But as soon as they accept Islam they also live under the laws of protection of
Islamic criminal law.
If Shari'a is introduced partially or completely in
Nigeria or other West African countries, it would mean that the 40% Christian
population will be discriminated against. It is possible that the slave trade
would develop again or that the 20% Animist population of West Africa would be
killed. It would mean that the areas south of the Sahara Desert would be forced
to decide between Islam and death, since this is the only option available to
animists according to the Qur'an. Wise Muslims will try and hinder the
fundamentalists so that the Shari'a may only be introduced one step at a time,
so that there may not be a wave of protest from the USA and Europe.
5. Retribution for Injury and for Lost Limbs
Retribution and blood vengeance not only refers to the
death of the victim but also to the wounding of a person, whether intentional
or by accident. As soon as blood flows the retribution must take place.
We ordained therein for them: "Life for life, eye
for eye, nose for nose, ear for ear, tooth for tooth, and wounds equal for
equal." But if anyone omits the retaliation (by accepting blood money) it
will be an atonement for himself (Sura al-Ma'ida 5:45).
In line with this basic law the Iranian criminal law
prescribes:
Whenever someone's limb is cut off deliberately or
someone is injured deliberately or through negligence he may obtain the right
from the ruler to demand the exact same injury of the one who caused it as
retribution.
The limbs to be amputated must be exactly the same in
condition, importance and position as the limb amputated originally. The
retribution may not lead to the death for the one who caused the original
injury. The act of revenge should not be more painful than the punishment (§
272).
If the driver of a car hits a pedestrian who then must
have a leg amputated, the injured person may require that the corresponding leg
of the driver be also amputated. But if the driver's leg has gangrene, then
that wound must heal first before his leg is amputated.
A wound that is to be made as an act of retribution
must be in the same position and of the same size as the previous injury, as
well as of the same depth. Sometimes the edges of the original wound must be
measured so that the avenger does not make a larger or smaller wound (§ 276 and
279).
Since heat or cold can cause a wound to get infected,
the retribution can only take place at moderate temperatures. The person who
caused the original injury may not experience more pain than what he caused
through his deed (§ 281 and 282).
If an one-eyed man riding a bicycle injures a
pedestrian so that he loses an eye, the injured pedestrian has the right to
require that the remaining eye of the one-eyed man be taken out (§ 283).
If a Muslim cuts off part of the ear of another
Muslim, who immediately has the part re-attached, the right to retribution
remains (§ 287).
If someone ruins someone else's nose the injured
person may demand retribution even if the one who injured him has no sense of
smell (§ 289).
If someone cuts off someone else's tongue or lips the
retribution must be the same in position and degree (§ 290).
If a Muslim breaks off someone else's tooth (in part
or whole) the retribution must be of the same nature (§ 291).
This list of horrors could be continued from Sunnite
schools of law. It corresponds to the Islamic understanding of the commandment:
eye for eye, tooth for tooth!
6. Paying Blood Money Instead of Retribution
Thank God that Muhammad already recognized that
earthly mercy will find ways both to fulfil the law and to circumvent it.
Muhammad was a businessman and had adopted the ancient Semite regulation on
blood money in Islam, and he called it "Allah's mercy" for Muslims.
Never should a believer kill a believer; but (if it so
happens) by mistake, (compensation is due): If one kills a believer, it is
ordained that he should free a believing slave, and pay compensation to the
deceased's family, unless they remit it freely.
If the deceased belonged to a people at war with you,
and he was a believer, the freeing of a believing slave (is enough).
If he belonged to a people with whom you have treaty
of Mutual alliance, compensation should be paid to his family, and a believing slave
be freed.
For those who find this beyond their means, (is
prescribed) a fast for two consecutive months. This will be his repentance
(allowed) by Allah. Allah knows everything – he is wise (Sura al-Nisa' 4:93).
These verses refer to blood money and to ransom
that the one who caused the injury must pay the family for an unintentional
injury or an unintentional death (§ 295).
In some cases even with a pre-meditated murder or
injury the retribution could be taken out in the form of blood money, if the family
of the killed or injured person agree in writing. But if even a single member
of the clan does not agree, the agreement is void and the act of retribution
must take place (§ 257).
The amount of blood money to be paid for an
adult male is similar with Shiites and Sunnis. The clan involved may choose
between several possibilities of payment. For a healthy male Muslim the
following should be paid:
100 spotless and healthy camels that are not underfed
or
200 unblemished and healthy cows that are not underfed;
1000 unblemished and healthy sheep;
200 perfect Yemenite robes;
1000 authentic dinars, each containing 3.6 grams of
gold (§ 297).
The blood money for a woman in the case of
pre-meditated or negligent homicide is half of the blood money of a man
(§ 300). This regulation shows another act of inequity against women under the
law.
The blood money for Jews or Christians
who were killed should be one third of the blood money of a Muslim man.
But whether or not it is ever paid is another question!
If someone is not able to pay the blood money, his clan
must pay for him. This includes especially the parents of the one who caused
the injury and his relatives on his father's side according to their rights to
inherit (§ 307).
If a doctor causes the death of a patient in his care
he is liable even if the patient gave a verbal consent for the treatment (§
310).
If someone carrying a load, bumps into another person
and that one is injured or dies, the bearer or his clan are liable for the
blood money (§ 324). The clan is the final guarantor for the payment of the
blood money.
7. The Amount of Blood Money to be Paid
The full amount must be paid in the following
cases:
If a man's hair or beard is removed in such a way that
it cannot grow back (§ 368);
if both a man's healthy eyes are destroyed (§ 375);
if a man's entire nose or both nostrils are cut off (§
380);
if both ears are cut off (§ 386);
if both lips or a healthy tongue are cut off (§ 391
and 396);
if a tooth is removed or the visible part broken off
(§ 408 and 410) (as in a traffic accident)!
if a man's neck is crooked as the result of an injury
(§ 412);
if both of a man's jaws are broken (§ 415);
if both hands are amputated at the wrists without
reason (§ 418);
if someone loses ten fingers or ten toes in an accident
(§ 424);
if the spine is severed and the legs are lamed (§ 430
and 432);
if both testicles are cut off at the same time (§
435);
if both collarbones are broken (§ 438);
if the hearing of both ears (§ 449), the sight of both
eyes (§ 457) and the sense of smell are destroyed (§ 462).
The above-mentioned injuries on a woman require
half the payment for a healthy Muslim man (§ 301). If the injured person
is a Christian or Jew, then only 33 percent of the full amount
need be paid.
8. Special Cases
A third of the blood money must be paid:
When a man's beard does not grow back because of a
medical treatment or injury (§ 368c).
Half of the blood money must be paid when the lower
eyelids of the eyes (because of an accident or during a medical treatment) must
be removed. A third must be paid for the upper eyelids (§ 379).
If one nostril is destroyed one third of the
blood money must be paid (§ 384), for cutting off the tip of the nose, half
of the blood money must be paid (§ 385).
If the earlobes are cut off one third of the
full amount must be paid for one ear lobe, even if the injured person has it
re-attached (§ 287 and 388).
If the baby tooth of a child is knocked out so that
the permanent tooth does not grow, the full amount of blood money must
be paid. But if the permanent tooth grows then the blood money for a broken
baby tooth is one camel (§ 409).
If the bone of an arm or foot is broken the blood
money is one fifth of the value of the bone (§ 442).
The following payments must be made for head or facial
injuries:
for an abrasion that does not bleed - one camel;
for an abrasion that causes minor damage to the flesh
– two camels;
for a deep flesh wound – three camels;
for a wound that goes to the bone – four camels;
for a wound to the flesh and the bone – five camels;
for an act that breaks the top of the bone even if
there is no visible wound – ten camels;
for an injury that can only be treated by setting the
bone – fifteen camels;
for a head injury that goes beneath the skull – one
third of the blood money or 33 camels;
for an injury of the stomach, chest, back or the side
due to an object – one third of the full amount;
if the object that caused the injury pierces and comes
out on the other side, two thirds of the full amount must be paid. This
includes the bullet of a gun (§ 482);
if a fetus is killed the full amount of blood money
must be paid for a boy; half of the amount for a girl and one fourth for a
hermaphrodite (§ 487/6).
If a woman aborts her pregnancy and the fetus dies or
is aborted, she must pay blood money to the father based on the stage of
development of the fetus, but does not receive damages herself (§ 489).
This list of injuries and damages can be read in
detail in Iranian criminal law. Anyone who causes a traffic accident, attacks
someone physically during a quarrel, acts negligently must pay horrendous
amounts of blood money. If the payment is not made, an act of retribution could
take place, which may not exceed the original wound in size, pain or
consequences.
9. Retribution and Revenge Cancelled through Jesus
Christ
Our Lord and Savior broke and overcame the compulsion
to retribution finally. He said,
You have heard it said (Exodus 21:24): 'Eye for eye,
tooth for tooth.' But I say to you, do not resist evil, rather, if someone
strikes you on the right cheek, then offer him the left as well (Matthew 5:38-39).
You have heard it said (Leviticus 19:18): 'You shall
love your neighbor and hate your enemy.' But I say to you: Love your enemies;
bless those who curse you; do good to those who hate you; pray for those who
insult and persecute you, and you will be children of your Father in heaven (Matthew 5:43-45).
Jesus Christ not only strictly forbade any revenge or
retribution, but also took all evil upon himself and overcame it through his
faith, love and hope in his sacrifice on the cross.
Jesus died in place of all sinners and criminals. He
fulfilled all of the law's demands for atonement, bloodshed and retribution.
The judgement for every act of injustice was carried out on him. He is our
substitute - but also our enemy's substitute! He has pacified God's wrath,
suffered our punishment and paid our debt. His blood is our ransom. Ever since
we are free of the compulsion for revenge and retribution.
We have the right and duty to forgive all our enemies
every misdeed. We should love them as Jesus loves them and us equally.
Peter came and said: LORD, how often must I forgive my
brother who has sinned against me? Is seven times enough? Jesus said to him: I
say to you: Not seven times, but seventy times seven (Matthew 18:21-22). (See also:
Luke 17:4; Ephesians 4:32).
For if you forgive men their trespasses, your heavenly
Father will also forgive you. But if you do not forgive men their trespasses,
neither will your Father forgive your trespasses (Matthew 6,14-15).
The Apostle Paul testifies: Beloved, do not avenge
yourselves, but rather give place to wrath; for it is written,
'Vengeance is Mine, I will repay,' says the Lord. Therefore, if your
enemy is hungry, feed him; if he is thirsty, give him a drink; for in so doing
you will heap coals of fire on his head.' Do not be overcome by evil, but
overcome evil with good (Romans 12:19-21).
We thank the Lord Jesus Christ that he has freed us
from the urge to revenge and retribution and has given us the privilege to
forgive completely and the strength to love our enemies!
In the Qur'an there is a special development of
criminal law for drinking wine. At the beginning, Muhammad testified that wine
contained both bad and good:
They ask thee concerning wine and gambling (maisar).
Say: 'In them is great sin, and some profit, for men; but the sin is greater
than the profit' (Sura al-Baqara 2,219).
Later Muhammad forbade drunken Muslims to take part in
the official prayers:
O you who believe! Approach not prayers with a mind
befogged, until you can understand all that you say (Sura al-Nisa' 4,43).
In the end, Muhammad categorically forbade any kind of
wine drinking:
O you who believe! Intoxicants and gambling,
(dedication of) stones, and (divination by) arrows, are an abomination, - of
Satan's handwork: eschew such (abomination), that you may prosper. Satan's plan
is (but) to excite enmity and hatred between you, with intoxicants and gambling,
and hinder you from the remembrance of Allah, and from prayer: will you not
then abstain? (Sura
al-Ma'ida 5:90-91).
The Islamic experts on the law in the different
schools of Shari'a have developed various laws from these three Qur'an verses.
Iranian law contains the following clauses:
The drinking of intoxicating drinks in lesser or
greater amounts, whether they are intoxicating or not, whether they are pure or
mixed, will be punished by a hadd punishment. Wine and beer are also
forbidden.
The drinker must confess twice to having drank wine or
two Muslims in good standing, whose testimonies agree in place and time, must
testify that he drank wine.
The punishment for drinking is the same for men and
women, 80 lashes with the whip. Non-Muslims are only punished with 80 lashes
when they drink intoxicating drinks in public.
The whipping only takes place when the drinker is
sober again.
Anyone who is repeatedly sentenced for drinking must
be killed after the third sentence.
But if the drinker shows remorse for drinking alcohol
before the eyewitnesses testify against him, he will not be whipped!
The Qur'an is not clear in its statements abo