Inquiries on the Science of the Objectives of Sharia (Part 58)
6. Objectives of Punishments
The principle of punishments in Islam is that they are given in the hereafter, not in this world. However, in order to create a safe living environment, establish society, regulate relationships between individuals in a proper manner, and guarantee people’s rights, it is necessary for worldly punishments to be administered alongside the hereafter punishment. The Islamic state, on behalf of society, punishes individuals who violate Sharia law. This punishment, which includes both Hudud and Tazir, serves the interests of the people, as it is based on two main purposes:
• Punishments serve as expiation for the sins committed by the perpetrator, as stated in the hadith of Ubadah bin Samit (MABH), where the Messenger of Allah (PBUH) said to a group of his Sahaba: «بَايِعُونِي عَلَى أَنْ لا تُشْرِكُوا بِاللَّهِ شَيْئًا، وَلَا تَسْرِقُوا، وَلَا تَزْنُوا، وَلَا تَقْتُلُوا أَوْلَادَكُمْ، وَلَا تَأْتُوا بِبُهْتَانٍ تَفْتَرُونَهُ بَيْنَ أَيْدِيكُمْ وَأَرْجُلِكُمْ، وَلَا تَعْصُوا فِي مَعْرُوفٍ، فَمَنْ وَفِي مِنْكُمْ فَأَجْرُهُ عَلَى اللَّهِ، وَمَنْ أَصَابَ مِنْ ذَلِكَ شَيْئًا فَعُوقِبَ فِي الدُّنْيَا فَهُوَ كَفَّارَةٌ لَهُ، وَمَنْ أَصَابَ مِنْ ذَلِكَ شَيْئًا ثُمَّ سَتَرَهُ اللَّهُ فَهُوَ إِلَى اللَّهِ، إِنْ شَاءَ عَفَا عَنْهُ وَإِنْ شَاءَ عَاقَبَهُ.» Translation: “Pledge allegiance to me that you will not worship anyone but Allah. And do not associate anyone with Him in worship. Do not steal, do not commit adultery, do not kill your children, do not slander anyone, and do not disobey Allah and His Messenger in good deeds. Whoever of you fulfills these promises, Allah will reward him for his deeds. And whoever commits any of the above acts is punished in this world; this punishment will be an expiation for his sins. And if he commits any evil act in this world and Allah conceals his sins, then he is left to Allah; that is, if Allah wills, He will forgive him, and if He does not will, He will punish him.”
Ubadah (MABH) said: We all pledged allegiance to the Messenger of Allah (PBUH) on the above matters. According to the majority of scholars, the imposition of the Hadd punishment on a guilty person is an expiation for his sins.
• These punishments also serve to prevent the criminal from committing the crime again and act as a lesson for others, discouraging them from such unseemly acts.
Ibn Ashur, (MABH), states that the purpose of legislating the limits, retribution, punishments, and financial compensation can be summarized in three points: disciplining the criminal, gaining the satisfaction of the victim, and teaching a lesson to those who would consider following the criminals.
Disciplining criminals is essential for the reformation of community members, without whom society cannot be formed. The criminal must face the consequences of his actions; therefore, these punishments serve to discipline him. Additionally, hatred and revenge are inherent to human nature, and if the victim’s satisfaction is not obtained, he may take personal action for revenge, leading society toward lawlessness.
For this reason, Allah the Almighty says: «وَمَن قُتِلَ مَظْلُومًا فَقَدْ جَعَلْنَا لِوَلِيهِ سُلْطَانًا فَلَا يُسْرِف فِي الْقَتْلِ إِنَّهُ كَانَ مَنصُورًا.» Translation: “And whoever is killed unjustly—for a reason that is not legally permissible to kill him—so We have given his guardian authority, meaning one of the deceased’s heirs, who is the guardian and trustee of his affairs. He has authority over the killer, whether he wants to kill him, pardon him, or accept blood money. Therefore, ‘he’ should not excessively punish, such as mutilating the murderer or torturing him, or killing another person instead of the murderer.”
On this point, the Messenger of Allah (PBUH) stated during his Hajjat Al-Wedah: «أَلَا كُلُّ شَيْءٍ مِنْ أَمْرِ الْجَاهِلِيةِ تَحْتَ قَدَمَى مَوْضُوعٌ، وَدِمَاءُ الْجَاهِلِيةِ مَوْضُوعَةٌ، وَإِنَّ أَوَّلَ دَم أَضَعُ مِنْ دِمَائِنَا دَمُ ابْنِ رَبِيعَةَ بْنِ الْحَارِثِ، كَانَ مُسْتَرْضِعًا فِي بَنِي سَعْدٍ فَقَتَلَتْهُ هُذَیل.» Translation: “Know that I have abrogated all matters of ignorance; the murders from the pre-Islamic period are ignored, and the first blood shed among us was that of Rabi’ah ibn Harith (who was a child of the Banu Asad tribe and was killed by the Hazil tribe).”
To gain the victim’s satisfaction and avoid personal revenge, the law grants the right of retribution to the deceased’s relatives.
Abu Hurairah (MABH) said: The Messenger of Allah (peace and blessings of Allah be upon him) stated: «وَمَنْ قُتِلَ لهُ قَتِيلٌ فَهُوَ بِخَيْرِ النَّظَرَينِ: إِمَّا أَنْ يَفْدَى وَإِمَّا أَنْ يَقِيد.» Translation: “Whoever kills one of his relatives, the victim’s family is free to choose between two options: either take blood money from the killer or take revenge on the killer.”
The third issue, which serves as a lesson for others, is illustrated by this noble verse: «وَلْيَشْهَدْ عَذَابَهُمَا طَائِفَةٌ مِنَ الْمُؤْمِنِينَ.» Translation: “A group of believers should be present at the execution of the sentence to witness the punishment of the offender.”
Ibn Al-Arabi remarks that the application of Hadd also serves as a lesson for others; when news of it spreads among the people, it serves as a reminder for them.
All these three aspects contribute to the reformation of society, which, in turn, ensures the survival of the human race.
