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Level 1 (23)
- The Testimony of Faith
- An Introduction to Pillars of Islam and Articles of Faith (part 1 of 2)
- An Introduction to Pillars of Islam and Articles of Faith (part 2 of 2)
- Some Common Questions by Recent Converts
- Importance of Seeking Knowledge
- Paradise (part 1 of 2)
- Paradise (part 2 of 2)
- The Night Journey
- How to Pray for a Recent Convert(part 1 of 2)
- How to Pray for a Recent Convert (part 2 of 2)
- Breaking the News to Family (part 1 of 2)
- Breaking the News to family (part 2 of 2)
- Getting Adjusted To the Muslim Community
- Keeping Good Company
- Belief in Allah (part 1 of 2): The Categories of Tawheed
- Belief in Allah (part 2 of 2): Shirk, the Opposite of Tawheed
- Belief in Prophets
- Belief in Scriptures
- Belief in Angels
- Belief in the Day of Judgment
- Belief in Divine Decree (part 1 of 2)
- Belief in Divine Decree (part 2 of 2)
- Study Methodology for a New Muslim
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Level 2 (25)
- Let’s Meet Muhammad (part 1 of 2)
- Let’s Meet Muhammad (part 2 of 2)
- Preservation of the Holy Quran
- The Importance of Prayer (Salah)
- Etiquette of the Ritual Bath (Ghusl)
- Ablution (Wudoo)
- Prayer for Beginners (part 1 of 2): Beforeyou Pray
- Prayer for Beginners (part 2 of 2): A Description ofthe Prayer
- Spiritual Benefits of Prayer
- Medical Benefits of Prayer
- Manners of Relieving Oneself
- Menstruation
- Introduction to Dietary Laws in Islam
- An Introduction To Muslim Family (part 1 of 2)
- An Introduction To Muslim Family (part 2 of 2)
- Love of God and How to achieve it (part 1 of 2)
- Love of God and How to achieve it (part 2 of 2)
- An Introduction to Fasting
- How to Fast
- Eid and End of Ramadan
- Where Is Allah?
- Abraham (part 1 of 2)
- Abraham (part 2 of 2)
- Simple Explanation of Surah Al-Fatiha
- Simple Explanation of Three Short Surahs of Quran
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Level 3 (30)
- Beginners Guide to the Quran (part 1 of 3)
- Beginners Guide to the Quran (part 2of 3)
- Beginners Guide to the Quran (part 3 of 3)
- Beginners Guide to Hadith & Sunnah
- The Importance of Prayer
- Pre-requisites of Prayer
- Hygiene in Islam
- Bathing (Ghusl)
- Ablution (Wudoo)
- Performing Two Units of Prayer
- Performing Three Units of Prayer
- Performing Four Units of Prayer
- General Points About Prayer
- A Day in the life of a Muslim (part 1 of 2): From Waking uptill late Morning
- A day in the life of a Muslim (part 2 of 2): From Noon to Bed
- Fate of Non-Muslims
- Repentance (part 1 of 3): Door to Salvation
- Repentance (part 2 of 3): Conditions of Repentance
- Repentance (part 3 of 3): Prayers of Repentance
- Can We See Allah?
- Preservation of Sunnah (part 1 of 4)
- Preservation of Sunnah (part 2 of 4)
- Preservation of Sunnah (part 3 of 4)
- Preservation of Sunnah (part 4 of 4)
- Eating – The Islamic Way (part 1 of 2)
- Eating – The Islamic Way (part 2 of 2)
- Simple Explanation of Quran’s Greatest Verse: Aaya tul-Kursi
- Wiping Over Socks, Making Up Prayers, and Prayer of a Traveler
- Omens
- Charms and Amulets
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Level 4 (30)
- Adhan (part 1 of 2): The Call to Prayer
- Adhan (part 2 of 2): The Call to Prayer
- Shirk & its Types (part 1 of 3)
- Shirk & its Types (part 2 of 3)
- Shirk & its Types (part 3 of 3)
- Recommended Acts of Ritual Bath (Ghusl)
- Reflections on Surah al-Fatiha (part 1 of 3)
- Reflections on Surah al-Fatiha (part 2 of 3)
- Reflections on Surah al-Fatiha (part 3 of 3)
- Dry Ablution (Tayammum)
- Introduction to Sects (part 1 of 2)
- Introduction to Sects (part 2 of 2)
- Protection from Evil (part 1 of 2)
- Protection from Evil (part 2 of 2)
- Perfecting Our Character
- Introduction to the Purification of the Soul (part 1 of 2)
- Introduction to the Purification of the Soul (part 2 of 2)
- The Islamic Dress Code (part 1 of 3)
- The Islamic Dress Code (part 2 of 3): Awrah & Mahrams
- The Islamic Dress Code (part 3 of 3): Prayer & Wisdom
- Satan: Humankind’s Worst Enemy (part 1 of 2)
- Satan: Humankind’s Worst Enemy (part 2 of 2)
- Supplication (part 1 of 2)
- Supplication (part 2 of 2)
- The Mercy of Allah (part 1 of 2)
- The Mercy of Allah (part 2 of 2)
- Role Models in Islam (part 1 of 2): TheFirst Generation of Muslims
- Role Models in Islam (part 2 of 2)
- Trials and Tribulations after Conversion (part 1 of 2): Allah’smercy is embedded in the difficulties of life
- Trials and Tribulations after Conversion (part 2 of 2)
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Level 5 (29)
- Manners of Attending a Mosque (part 1 of 2)
- Manners of Attending a Mosque (part 2 of 2)
- Good Habits for New Muslims to Develop
- Glimpses from the Life of Prophet Noah
- Friday Prayer (part 1 of 2)
- Friday Prayer (part 2 of 2)
- Glimpses from the Life of Prophet Ibrahim
- Marriage Advice (part 1 of 2)
- Marriage Advice (part 2 of 2): Practical Steps
- Rights & Responsibilities of Husbands & Wives
- The Nuts & Bolts of an Islamic Marriage
- Glimpses from the Life of Prophet Lot
- How to Deal with Sadness and Worry (part 1 of 2): Patience, Gratitude and Trust
- How to Deal with Sadness and Worry (part 2 of 2): Establish a relationship with Allah
- Glimpses from the Life of Prophet Yusuf
- Istikharah Prayer
- Glimpses from the Life of Prophet Ayub
- Easy Guide to Zakah (part 1 of 2)
- Easy Guide to Zakah (part 2 of 2)
- Glimpses from the Life of Prophet Musa
- Should I Change My Name?
- Glimpses from the Life of Prophet Isa
- Dealing with Doubts
- A Brief Biography of Prophet Muhammad (part1 of 2): The Meccan Period
- A Brief Biography of Prophet Muhammad (part 2 of 2): TheMadinan Period
- Drugs, Alcohol, & Gambling (part 1 of 2)
- Drugs, Alcohol, & Gambling (part 2 of 2)
- World of Jinn (part 1 of 2)
- World of Jinn (part 2 of 2)
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Level 6 (27)
- Voluntary Prayers
- Treatment of Animals
- Lying, Backbiting and Slander (part 1 of 2)
- Lying, Backbiting and Slander (part 2 of 2)
- Increasing Faith (part 1 of 2): Why faith is not always at asteady level
- Increasing Faith (part 2 of 2): Increase your faith (Imaan)and earn rewards
- Voluntary Fasts
- Signs of the Day of Judgment (part 1 of 2): The Minor Signs
- Signs of the Day of Judgment (part 2 of 2): The Major Signs
- Adultery, Fornication, & Pornography (part 1 of 2)
- Adultery, Fornication, & Pornography (part 2 of 2)
- Islamic Guidelines for Gender Interactions(part 1 of 2)
- Islamic Guidelines for Gender Interactions (part 2 of 2)
- Introduction to Shariah (part 1 of 2)
- Introduction to Shariah (part 2 of 2)
- Acts that Correspond to Human Nature (Sunan ul-Fitrah)
- Eid ul-Adha from A to Z (part 1 of 3)
- Eid ul-Adha from A to Z (part 2 of 3)
- Eid ul-Adha from A to Z (part 3 of 3)
- Innovation in Islam (part 1 of 2): Two Types of Bidah
- Innovation in Islam (part 2 of 2): Is this a bidah?
- Ramadan: The Last Ten Nights
- Umrah (part 1 of 2)
- Umrah (part 2 of 2)
- Concept of Sins in Islam (part 1 of 3)
- Concept of Sins in Islam (part 2 of 3)
- Concept of Sins in Islam (part 3 of 3)
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Level 7 (30)
- Parenting in Islam (part 1 of 2)
- Parenting in Islam (part 2 of 2)
- Major Sins in Islam (part 1 of 2): What is aMajor Sin?
- Major Sins in Islam (part 2 of 2): Major Sins and How toRepent from Them
- The Pilgrimage (Hajj) (part 1 of 3)
- The Pilgrimage (Hajj) (part 2 of 3)
- The Pilgrimage (Hajj) (part 3 of 3)
- The Rightly Guided Caliphs: Abu Bakr (part 1 of 2)
- The Rightly Guided Caliphs: Abu Bakr (part 2 of 2)
- The Rightly Guided Caliphs: Umar ibn Al-Khattab (part 1 of 2)
- The Rightly Guided Caliphs: Umar ibn Al-Khattab (part 2 of 2)
- The Rightly Guided Caliphs: Uthman ibn Affan (Part 1 of 2)
- The Rightly Guided Caliphs: Uthman ibn Affan (part 2 of 2)
- The Rightly Guided Caliphs: Ali ibn AbiTalib (part 1 of 2)
- The Rightly Guided Caliphs: Ali ibn Abi Talib (part 2 of 2)
- Events on the Day of Judgment (part 1 of 3): The Day Begins
- Events on the Day of Judgment (part 2 of 3):Before the Judgment
- Events on the Day of Judgment (part 3 of 3): Judgment Begins
- Interest in Islam (part 1 of 2)
- Interest in Islam (part 2 of 2)
- An Explanation of Surah Al-Asr
- The Questioning in the Grave (part 1 of 2): Death is not theEnd
- The Questioning in the Grave (part 2 of 2): Your Place untilthe Day of Judgment
- The Fruits of Taqwa (part 1 of 2)
- The Fruits of Taqwa (part 2 of 2)
- An Explanation of Surah Al-Ikhlas
- The Rights of Neighbours in Islam (part 1 of 2): The KindTreatment of Neighbours
- The Rights of Neighbours in Islam (part 2 of 2): Neighbours -Good and Bad
- Those Shaded when there is no Shade (part 1 of 2): Allah’sMercy made Manifest
- Those Shaded when there is no Shade (part 2 of 2): Strivingto be Shaded
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Level 8 (29)
- Sincerity in Worship: What is Ikhlas? (part 1 of 2)
- Sincerity in Worship: Ikhlas vs. Riyaa(part 2 of 2)
- Lawful Earning
- The Companions of Prophet Muhammad: Salman Al-Farsi
- The Companions of Prophet Muhammad: Bilal ibn Rabah
- The Companions of Prophet Muhammad: Ammar ibn Yassir
- The Companions of Prophet Muhammad: Zayd ibn Thabit
- The Companions of Prophet Muhammad: Abu Hurayrah
- Islamic Terms (part 1 of 2)
- Islamic Terms (part 2 of 2)
- Khushoo in Prayer
- Inviting Non-Muslims to the Right Path (part 1 of 3): Deliverthe Message in the Best Way Possible
- Inviting Non-Muslims to the Right Path (part 2 of 3): Tawheed First
- Inviting Non-Muslims to the Right Path (part 3 of 3): Inviting Family, Friends and Colleagues
- Trust & Reliance in Allah
- Who Is a Good Friend? (part 1 of 2)
- Who Is a Good Friend? (Part 2 of 2)
- Pride and Arrogance
- The Mothers of the Believers (part 1 of 2): Who are theMothers of the Believers?
- The Mothers of the Believers (part 2 of 2): Altruism & Alliances
- Getting Involved in the Muslim Community
- Ummah: The Muslim Nation
- Simplified Rules of Islamic Divorce (part 1 of 2)
- Simplified Rules of Islamic Divorce (part 2 of 2)
- The Role of a Muslim Scholar (part 1 of 2)
- The Role of a Muslim Scholar (part 2 of 2)
- The Benefits of Being a Muslim
- Sacred Cities; Mecca, Medina, & Jerusalem (part 1 of 2)
- Sacred Cities; Mecca, Medina, & Jerusalem (part 2 of 2)
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Level 9 (30)
- Prayers – Advanced (part 1 of 2)
- Prayers - Advanced (part 2 of 2)
- The Purpose of Life
- Why & How to Learn the Quran (part 1 of 2)
- Why & How to Learn the Quran (part 2 of 2)
- Miracles of the Prophets
- Meat of the People of the Book (part 1 of 2)
- Meat of the People of the Book (part 2 of 2)
- Dhikr (Remembering Allah): Meaning & Blessings (part1 of 2)
- Dhikr (Remembering Allah): Meaning & Blessings (part 2 of2)
- Intercession on Judgment Day (part 1 of 2)
- Intercession on Judgment Day (part 2 of 2)
- Virtues of the Quran (part 1 of 2)
- Virtues of the Quran (part 2 of 2)
- Good Morals (part 1 of 2)
- Good Morals (part 2 of 2)
- The Islamic Golden Age (part 1 of 2)
- The Islamic Golden Age (part 2 of 2)
- Social Media in Islam
- Leisure, Fun and Entertainment
- Astrology and Fortune-telling
- Miracles of Prophet Muhammad (part 1 of 2)
- Miracles of Prophet Muhammad (part 2 of 2)
- Bad Morals to Stay Away From (part 1 of 2)
- Bad Morals to Stay Away From (part 2 of 2)
- The Spiritual Benefits of Fasting and Charity
- Dream Interpretation
- Detailed Biography of Prophet Muhammad - Meccan Period (part 1 of 3)
- Detailed Biography of Prophet Muhammad - Meccan Period (part 2of 3)
- Detailed Biography of Prophet Muhammad - Meccan Period (part3 of 3)
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Level 10 (26)
- What is Jihad?
- Prophet Adam: Beginning of Humankind (part 1 of 2)
- Prophet Adam: Beginning of Humankind (part 2 of 2)
- An Explanation of Surah Az-Zalzalah
- Morals of Prophet Muhammad (part 1 of 2)
- Morals of Prophet Muhammad (part 2 of 2)
- Preserving the Environment
- Crime and Punishment in Islam (part 1 of 2)
- Crime and Punishment in Islam (part 2 of 2)
- Prostration of Forgetfulness
- Introduction to Hadith Terminology
- Detailed Biography of Prophet Muhammad - Madinan Period (part1 of 3)
- Detailed Biography of Prophet Muhammad - Madinan Period (part2 of 3)
- Detailed Biography of Prophet Muhammad - Madinan Period (part 3 of 3)
- Story of Creation (part 1 of 2)
- Story of Creation (part 2 of 2)
- Funeral Rites (part 1 of 2)
- Funeral Rites (part 2 of 2)
- Islamic Wills and Inheritance (part 1 of 2)
- Islamic Wills and Inheritance (part 2 of 2)
- Prophetic Narrations: Sincerity
- Understanding Media Stereotyping
- Health and Fitness (part 1 of 2)
- Health and Fitness (part 2 of 2)
- Intimate Issues
- Islam Began as Something Strange
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Crime and Punishment in Islam (part 1 of 2)
Description: First of two lessons that gives an introduction to the Islamic penal system and explains some of its features and forms of punishment.
By Imam Mufti (© 2016 NewMuslims.com)
Published on 15 Aug 2016 - Last modified on 25 Jun 2019
Printed: 131 - Emailed: 0 - Viewed: 14,194 (daily average: 5)
Objectives
·To learn the concept of the Five Necessities.
·To learn the features of the Islamic penal system.
·To learn about the different forms of punishment.
Arabic Terms:
·Qadi - A Muslim judge who renders legal decisions according to the Shariah.
Introduction
The criminal or penal law is the body of law that regulates the power of the state to inflict punishment on persons in order to enforce compliance with certain rules. Such rules typically protect public interests and values that society regards as crucial. Criminal laws, therefore, give an insight into what a society and its rulers regard as its core values.
Rather than a uniform and unequivocal formulation of the law, Islamic criminal law is a scholarly discourse consisting of the opinions of religious scholars, who argue, on the basis of the texts of the Quran, the Prophetic narrations and the consensus of the first generations of Muslim scholars, what the law should be.
The levels of implementation of Islamic criminal law and the involvement of the different law-enforcing authorities (such as the qadi, the ruler and the executive officials) have historically varied from region to region and from dynasty to dynasty.
The application of Islamic criminal law has come to an end except for some instances like Saudi Arabia. Its doctrine, however, lives on. It is studied by Islamic scholars, and discussed and taught to students.
The Five Necessities
The ultimate objective of every Islamic instruction and piece of law is securing the welfare of humanity and creating a just and balanced society. It does so by emphasizing the welfare in this world and success in the next one with the goal of bringing an egalitarian society. Having understood this point, all Islamic laws can therefore be referred back to five universal principles that are deemed necessary for human welfare. They are preservation of:
1.Life
2.Religion
3.Reason
4.Lineage
5.Property
The Islamic penal code is also aimed at preserving these five universal principles. To explain it further, the Islamic law of retribution aims to preserve life, the punishment of apostasy is meant to preserve religion, the punishment of consuming alcohol is to preserve the mind, the laws against fornication are to preserve lineage, and the punishment for theft is to preserve wealth. To protect all five necessities, it prescribes the punishment for highway robbery. Therefore, Islam’s fixed punishments for the following crimes:
1.Transgression against life whether it is in the form of murder or assault.
2.Transgression against religion through apostasy.
3.Transgression against reason by the use of intoxicants.
4.Transgression against lineage through fornication or even a false accusation of adultery.
5.Transgression against property in the form of theft.
6.Transgression against all of these universal needs (highway robbery).
Features of Islamic Penal System
1. The beauty of Islamic teachings is that its external checks and balances coincide with the moral compass of human beings that serves as an inner deterrent. Islamic Law, when dealing with social problems such as crime, does not rely merely on legislation and external deterrents in the form of punishments. It lays greater emphasis on the internal compass by placing the greatest emphasis on man’s own moral capacity. It does so by developing the faculty of conscience from childhood so that he can value moral character as an adult. Islam promises salvation to those who do good but warns those who practice wrong, thereby inspiring faith in God, hope in His mercy, and fear of His punishment to renounce immoral conduct and harming others whilst inculcating morality and a desire to do good to others.
2. Islam creates a balanced relationship between the individual and the society. While the divine Law protects society by legislating strict punishments as deterrents against crimes, it does not marginalize the individual for the sake of society. On the contrary, Islam gives priority to protecting individual freedom and rights. It does so by providing safeguards that leave no excuse for a person to resort to criminal behavior. It does not set out to punish without first preparing for the individual a situation conducive to a virtuous life.
Forms of Punishment
Islamic Law is based on two principles:
a)Unchanging basic tenets
b)Changing secondary laws
For the permanent aspects of life, Islamic Law established fixed statutes. For the changing aspects of life that are affected by social development and advances in human knowledge, Islamic Law provides general principles and universal rules that are applicable to different social setups and circumstances.
When these principles are applied to the penal system, Islamic Law comes with clear texts prescribing fixed punishments for those crimes that exist in every society because they are tied to the constant and unchanging human nature.
When dealing with other crimes, Islamic Law lays down the general principle that decisively prohibit them, but leaves the punishment to be decided by the legitimate political authority. The political authority can take the circumstances of the criminal into consideration and determine the most effective way to safeguard society.
Thus, punishments in Islamic Law are divided into three types:
1.Prescribed punishments
2.Retribution
3.Discretionary punishments
Previous Lesson: Preserving the Environment
Next Lesson: Crime and Punishment in Islam (part 2 of 2)
- What is Jihad?
- Prophet Adam: Beginning of Humankind (part 1 of 2)
- Prophet Adam: Beginning of Humankind (part 2 of 2)
- An Explanation of Surah Az-Zalzalah
- Morals of Prophet Muhammad (part 1 of 2)
- Morals of Prophet Muhammad (part 2 of 2)
- Preserving the Environment
- Crime and Punishment in Islam (part 1 of 2)
- Crime and Punishment in Islam (part 2 of 2)
- Prostration of Forgetfulness
- Introduction to Hadith Terminology
- Detailed Biography of Prophet Muhammad - Madinan Period (part1 of 3)
- Detailed Biography of Prophet Muhammad - Madinan Period (part2 of 3)
- Detailed Biography of Prophet Muhammad - Madinan Period (part 3 of 3)
- Story of Creation (part 1 of 2)
- Story of Creation (part 2 of 2)
- Funeral Rites (part 1 of 2)
- Funeral Rites (part 2 of 2)
- Islamic Wills and Inheritance (part 1 of 2)
- Islamic Wills and Inheritance (part 2 of 2)
- Prophetic Narrations: Sincerity
- Understanding Media Stereotyping
- Health and Fitness (part 1 of 2)
- Health and Fitness (part 2 of 2)
- Intimate Issues
- Islam Began as Something Strange
Crime and Punishment in Islam (part 1 of 2)
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