Capital Punishments in Islamic Law

Abstract

The primary objective of this short article is to gauge and evaluate the legitimacy and authenticity of capital punishment applied in some Muslim countries. According to amnesty International more than 13 countries apply and implement capital punishment today in the world . Most of them are Muslim countries and yet, I have questioned here the validity and authenticity of the capital punishment applied today in Muslim countries. I have argued that prevailing socio-religious, economic, and political conditions and contexts of those Muslim communities are not conducive to apply Islamic notions of capital punishment. The primary sources of Islam have sanctioned the capital punishment with some verses and prophetic precedents and yet, social conditions of Muslim communities are not satisfactory to apply those capital punishments. The aim of the general philosophy of Islamic law is to secure justice for people and yet, the role of Saudi government and its judiciary in the protection of human rights and justice is disputable and questionable. Therefore, the application of capital punishment right now in Saudi Arabia does not go alone with the ideals and principles of the general philosophy of Islamic law. This does not mean we deny the rule of Shariah law. No Muslim will question sacredness of Islamic law and divine instructions. No Muslim will dare to transcend divine limits and limitations. But what many Muslim academics and intellectuals have questioned is the discriminative nature of Saudi government in application of Islamic capital punishment. Today, politics controls everything in the modern world and the application of Islamic capital punishment is not done free of political influences in Saudi Arabia that is why Muslim academics are calling for a moratorium in application of capital punishment. This is a temporary call not a permanent one. This paper is divided into six sections. The first part traces the history of capital punishment briefly. The second part examines some prerequisites for the application of capital punishment. The third part compares the legal procedures and facilities in the west and some Muslim countries. The fourth part discusses the conditions of social injustice in some Muslim countries. The fifth part evaluate the arguments for and against the capital punishments. Finally, some suggestions have been made to improve the penal code systems in Muslim counties.