Sharia Law Punishments: Understanding The Strict Islamic Religious Law

Sharia law, or Islamic law, guides the personal religious practices of Muslims worldwide. About half of the world's Muslim-majority countries have sharia-based laws, and most Muslims follow aspects of sharia in their private religious practices. The punishments for breaking sharia law vary depending on the country and the interpretation of the law. Some of the most common punishments include flogging, amputation, and stoning, which have been deemed cruel, inhuman, and degrading by the UN.

Adultery: stoning to death for married offenders, 100 lashes for unmarried offenders

Adultery is considered a serious crime under Sharia law, punishable by stoning or lashing, depending on the marital status of the offender.

For married offenders, the punishment is death by stoning. This punishment is agreed upon by all Muslims and is considered a hudud crime, with the punishment deemed to be set by Allah and prescribed in the Quran. Hudud crimes are considered offences against God and are deemed the most serious offences under Sharia law.

Stoning for adultery is derived from the Hadith literature, which details the deeds and sayings of the Prophet Muhammad. In the Hadith, 'Ubada b. as-Samit reports:

> Allah's Messenger [as saying]: Receive teaching from me, receive teaching from me. Allah has ordained a way for those women. When an unmarried male commits adultery with an unmarried female, they should receive one hundred lashes and banishment for one year. And in case of a married male committing adultery with a married female, they shall receive one hundred lashes and be stoned to death.

For unmarried offenders, the punishment is 100 lashes. This punishment is also derived from the Quran, which states:

> As for female and male fornicators, give each of them one hundred lashes, and do not let pity for them make you lenient in [enforcing] the law of Allah, if you [truly] believe in Allah and the Last Day. And let a number of believers witness their punishment.

The punishment for adultery under Sharia law is not always clear-cut, as there are varying interpretations and applications of the law depending on local culture, customs, and political climate. For example, in Nigeria, local courts have passed stoning sentences for adultery, but these have been overturned on appeal due to a lack of sufficient evidence.

In recent years, there has been a revival of calls by Islamist movements for the full implementation of Sharia law, including the reinstatement of hudud punishments. However, in practice, these punishments are often used sparingly or not at all, and their use remains controversial and subject to criticism and debate.

Theft: amputation of the right hand

Theft is considered a serious crime under Sharia law, punishable by amputation of the offender's right hand. This penalty is known as a "Had" or a God-prescribed punishment, which is intended to serve as a stern deterrent to potential thieves. The punishment is absolute and cannot be negotiated, altered, or forgiven as long as rigorous rules of evidence are met.

To ensure the accuracy of the conviction, Sharia law outlines specific criteria that must be met. For instance, a single confession is sufficient for conviction, but it must be made voluntarily, unequivocally, and in detail during the court proceeding. It is important to note that confessions may be withdrawn at any time, even up to the moment of execution. In such cases, the sentence must be set aside, and the accused is retried without the use of the confession as evidence.

If a confession is not available, the testimony of eyewitnesses becomes crucial. The requirements for eyewitnesses are stringent and include high moral integrity, credibility, and age above puberty. Additionally, eyewitnesses must be sane at the time of the crime and during the trial, and they must not have any prior convictions for serious crimes or a history of deviant behavior. The conviction can be established through the testimony of two male eyewitnesses or one male and two female eyewitnesses.

While the penalty of hand amputation may be perceived as cruel, it is important to understand it within the socioreligious philosophy of Islam. In Islamic societies that apply this punishment, it is accepted as a deterrent, effectively eradicating theft and even deterring more serious crimes.

Alcohol consumption: flogging

Alcohol consumption is forbidden under Sharia law. The punishment for drinking alcohol is flogging, but the number of lashes is disputed among Islamic scholars. While some sources state that the punishment is 40 lashes, others state that it is 80. In Pakistan, the penal code prescribes 80 lashes for those convicted of consuming alcohol, while in Saudi Arabia, flogging can be part of the sentence.

The punishment for alcohol consumption is derived from the hadith, where Imam Ahmad recorded what Abu Maysarah said: the Prophet prescribed 40 lashes "administered with two palm branches ... for someone accused of consuming alcohol". Another hadith, narrated by Anas ibn Malik, reports that Muhammad flogged someone who had drunk wine with palm branches stripped of their leaves and with shoes.

The Hanafi school of Islamic jurisprudence interprets Sharia law to permit adherents to indulge in alcoholic beverages up to a point of near "annihilation". However, from the 12th century onwards, the Hanafi school embraced the general prohibition of all alcoholic beverages, in line with other schools of Islamic jurisprudence.

The consumption of alcohol is completely banned in several Muslim-majority countries, while in others, it is strictly controlled, such as only being allowed in private places or for non-Muslims. Despite the bans and controls, a minority of Muslims do drink alcohol, believing that it is not forbidden in the Quran.

Apostasy: death

Apostasy, or the abandonment of Islam by a Muslim, is punishable by death according to traditional Sharia law. This includes not only explicit renunciations of the Islamic faith by converting to another religion or abandoning religion but also blasphemy or heresy by self-professed Muslims.

The death penalty for apostasy is derived from the Quran, hadith literature, and the Sunnah (accounts of the sayings and living habits attributed to the Islamic prophet Muhammad during his lifetime). While the Quran does not explicitly mention the death penalty for apostasy, it does refer to it in the context of attitudes associated with impending punishment, divine anger, and the rejection of repentance for those who commit this act.

The classical Sharia punishment for apostasy is derived from the Hadith, which states that those who refuse to repent of apostasy from Islam are to be put to death. This is further supported by the statement: "Whoever changes his religion, put him to death."

However, it is important to note that the interpretation of these texts and the application of the death penalty for apostasy have been disputed among Islamic scholars. Liberal Islam, for example, rejects physical punishment for apostasy. Additionally, there are varying opinions on what constitutes apostasy and whether and how it should be punished.

In the past, the majority of Sunni and Shia jurists held the view that apostasy from Islam was punishable by death. However, this interpretation has evolved over time, and in the late 19th century, the use of legal criminal penalties for apostasy fell into disuse, although civil penalties were still applied.

As of 2021, there were ten Muslim-majority countries where apostasy from Islam was punishable by death, but legal executions are rare. Most punishment is extra-judicial or vigilante-led, and most executions are perpetrated by jihadist and "takfiri" insurgent groups. It is worth noting that the majority of Islamic jurists continue to regard apostasy as a crime that should be punishable by death.

Murder: death, or Qisas (retaliation)

Murder is a serious crime in Islamic law, or sharia law, and can result in capital punishment. Sharia law, which is derived from the Quran, hadith literature, and sunnah (accounts of the sayings and habits of the Islamic prophet Muhammad), mandates specific punishments for certain crimes.

Qisas is a form of sentencing in sharia law that permits capital punishment for intentional or unintentional murder. The principle of qisas, or "retaliation in kind", allows for an "eye for an eye" form of retributive justice. In the case of murder, qisas gives the victim's nearest relative, or Wali, the right to take the life of the killer if the court approves. This is based on the interpretation of the Quran, which states:

> O ye who believe! Retaliation is prescribed for you in the matter of the murdered; the freeman for the freeman, and the slave for the slave, and the female for the female.

However, the Quran also allows for monetary compensation, or "blood money" (known as diyya), to be paid instead of qisas, or for the right of qisas to be forfeited as an act of charity or atonement for the victim's family's past sins. The Quran states:

> But if any one remits the retaliation by way of charity, it is an act of atonement for himself. And if any fail to judge by (the light of) what Allah hath revealed, they are (No better than) wrong-doers.

The applicability of qisas has been subject to various interpretations and conditions by Islamic scholars and legal systems. For example, the innocence of the victim and the intention of the murderer are often considered in sentencing. Additionally, the form of qisas may vary depending on the specific circumstances of the murder. In Saudi Arabia, for instance, qisas has been sentenced as spinal cord severance, eye gouging, tooth extraction, and death in cases of murder.

It is important to note that the application of sharia law varies across different countries and legal systems, and some Muslim-majority countries have not performed executions in several decades.

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