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The punishment system in Islam (Nizaam al-Ukubaat)

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    The punishment system in Islam (Nizaam al-Ukubaat)


    salaam,

    we see in Pakistan the punishment system as well as all other systems which form the government are unislamic so just to be aware that the punishment system in Islam which inshallah along with the rest of the khilafat system will be implemented in Pakistan, I present a brief overview of the punishment system in Islam.


    1. In an Islamic law court only one judge is responsible for any trial. He has the authority to pronounce judgements based on Quran and Sunnah. Other judges may only advise or assist.

    2. There is no jury system in Islam. A person's fate is not left to the whims and prejudices of twelve limited, fallable and ignorant human beings, who may even be criminals themselves!

    3. Islamic punishments can only be administered when the evidence is proven to be 100% definite and all relevant conditions are met (for example 4 witnesses to prove adultery). If there is any doubt in the evidence the whole case is thrown out.

    4. There are three types of judges in Islam :

    Qadi Aam - responsible for settling disputes among the people, e.g. everyday issues over land, car crashes, accidents etc.

    Qadi Muhtasib - Responsible for resolving disputes that arise between the ummah and those in authority (e.g. khalifa/wali). This was seen in the case of the conflict between Khalifah Ali (RA) and a Jew regarding ownership of a sword.

    Qadi Mudhalim - who deals with disputes between the people and the leadership. He can dismiss any ruler or government official, including the Khalifah.

    6. The second Khalifah Umar b. Al-Khattab was the first to set up jails and prisons in Makkah who was Amir of the Muslims between 634-644 C.E.

    7. Under the judicial system, every person, Muslim or non-Muslim, male or female, defendant and accused has the right to appoint a representative or proxy.

    8. There is no distinction between civil and criminal courts as we see today in Muslim countries, e.g. Pakistan where both parts of Islam and parts of kufr are applied. The Islamic state will only use the sources of Islamic law as its reference.

    9. Islamic punishments will be executed without delay or hesitation. No-one is to be punished except by a rule of court. In addition any means of torture is not permissable.

    10. Under the Islamic system a person agrieved of a crime has the right to forgive the accused or demand compensation (i.e. Qisas) for a crime - except for hudud laws, which are the right of Allah (SWT)

    11. The Islamic punishment of hand-cutting only applies if seven conditions are fulfilled. These are :

    a) 2 witnesses

    b) The value of the goods must exceed 1/4 of a dinar

    c) Cannot be food (if the thief was hungry)

    d) Cannot be from the theifs family

    e) Goods must be halal in nature (e.g. not alcohol)

    f) Must be stolen from a secure place

    g) Must be no doubt on the goods (i.e. the theif definately haas no rights over it, e.g. money from the public treasury)

    Throughout the entire 1300 years of Islamic rule only around 200 people had their hand cut off for theft.

    12. Any person has the right to take the leader to court, speak to him or criticise him if he has done any transgressions towards him or her. This was the case when a woman in the time of Umar b. Al-Khattab corrected him over a mistake he made about the value of the dowry.

    13. The honour of a Muslim is a sacred trust upon the Ummah. The punishment for accusing another Muslim of being unchaste without producing 4 witnesses to substantiate the claim is 80 lashes.

    14. There are 4 categories of punishment in the Islamic Judicial System:

    1. Hudud - The right of Allah (SWT), e.g. fornication (100 lashes), apostacy (death).

    2. Al-Jynayaat - The right of the individual. He/she may forgive the criminal, e.g. Murder, bodily harm.

    3. Al-Ta'azir - The right of the community - those issues that affect the every day life of the general public, e.g. littering, cheating in the market.

    4. Al-Mukhalafat - The right of the state - issues affecting the running of the state, e.g. breaking the speed limit.

    ws salaam
    muhammed kauser
    (College lecturer) www.khilafah.com.pk

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