Islamic Law and crime

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 civilisation.

Man has been conscious of the need for security since the beginning of his life on Earth, and he has continuously expressed his awareness of this need in many ways. With the formation and evolution of human society, he has expressed this and other needs through the establishment of a state and the formation of laws.

This was accomplished in order to ensure general security, settle disputes and conflicts that threaten society, and oppose external threats to its security posed by other nations. The development of these man-made laws did not come to completion except in the last few centuries as the result of a long process of trial and error.

By contrast, the Law of Islam was sent down to Muhammed (peace be upon him), in its complete form as part of His final message to humanity. Islamic Law pays the most careful attention to this matter and provides a complete legal system. It takes into consideration the changing circumstances of society as well as the constancy and permanence of human nature.

Consequently, 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. Likewise, it has set down immutable punishments for certain crimes that are not affected by changing conditions and circumstances. In this way, Islamic Law combines between stability, flexibility, and firmness.

The Islamic approach to combating crime

The ultimate objective of every Islamic legal injunction is to secure the welfare of humanity in this world and the next by establishing a righteous society; a society that worships God Almighty devotedly and flourishes on the Earth; one that wields the forces of nature to build a civilisation wherein every human being can live in a climate of peace, justice and security.

This is a civilisation that allows a person to fulfil his every spiritual, intellectual and material need and cultivate every aspect of his being. This supreme objective is articulated by the Holy Qur’aan in many places.

God Almighty says: “We have sent our Messengers with clear signs and have sent down with them the book and the criterion so that man can establish justice. And we sent down iron of great strength and many benefits for man . . . ” (Ch57: v 25). God Almighty also declares: “… God wants ease for you, not hardship . . .” (Ch2: v 185)

He further states: “God wants to make things clear for you and to guide you to the ways of those before you and to forgive you. God is the All-knowing, the Wise. God wants to forgive you and wants those who follow their desires to turn wholeheartedly towards (what is right). God wants to lighten your burdens for you, and He has created man weak.” (Ch4: v 26-28)

And He says: “God commands justice, righteousness, and spending on ones relatives, and prohibits licentiousness, wrongdoing, and injustice…” (Ch16: v 90)

Since the Islamic legal injunctions are aimed at achieving human welfare, they can all be referred back to universal principles which are necessary for human welfare to be secured. These universal principles are:

◆ The preservation of life.

◆ The preservation of religion.

◆ The preservation of reason.

Distinguishing features of the Islamic approach

In the aforementioned principles, Islamic Law and contemporary law coincide, though Islamic Law has the distinction of being first. However, the Islamic penal system also has unique virtues and distinguishing features, among the most important of which are the following:

The inner deterrent of man’s moral conscience is fully integrated with external supervision. This is due to the fact that Islamic Law, when dealing with social problems such as crime, does not rely merely on legislation and external deterrents. It focuses more on the internal deterrent, placing the greatest emphasis on man’s moral conscience. It endeavours to develop this conscience within a person from childhood so that he can be brought up with the noblest moral character.

It promises success and salvation for those who work righteousness and warns wrongdoers of an evil fate.

In this way, it stirs up emotions, making a criminal renounce his ways by inspiring him with faith in God, 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 injury

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and harm.

It has a balanced outlook with respect to the relationship between the individual and society. This becomes clear from the fact that while the Divine Law protects society by legislating punishments and preventative measures against crimes, it does not marginalise the individual for the sake of society.

On the contrary, its priority is the protection of the individual, his freedom, and his rights. It provides every safeguard to leave no excuse for a person to have to resort to crime. It does not set out to punish without first preparing for the individual a situation conducive to a virtuous and happy life.

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For further information on Islam or a free copy of the Holy Qur’aan please contact: MajlisulUlama Zimbabwe (Council of Islamic Scholars) Publications Department, P.O. Box W93, Waterfalls, Harare. Tel: 04-614078, 04-614004, Fax: 04-614003. E-mail: majliszw@yahoo.com