Crimes in Islam

Crimes under Islamic Law can be broken down into three major categories. Each will be discussed in greater detail with some common law analogies. The three major crime categories in Islamic Law are: 1. Had Crimes (most serious). . Ta!ir Crimes (least serious). ". #esas Crimes (re$enge crimes restitution). Had crimes are the most serious under Islamic Law% and Ta!ir crimes are the least serious. &ome 'estern writers use the (elon) analog) (or Had crimes and misdemeanor label (or Ta!ir crimes. The analog) is *artiall) accurate% but not entirel) true. Common Law has no com*arable (orm o( #esas crimes. +airchild% in her e,cellent book on com*arati$e justice% makes the (ollowing obser$ation o( Islamic Law and *unishment (+airchild% *.-1). .unishments are *rescribed in the #uran and are o(ten harsh with the em*hasis on cor*oral and ca*ital *unishment. The(t is *unished b) im*risonment or am*utation o( hands or (eet% de*ending on the number o( times it is committed...

Had Crimes
Had crimes are those which are *unishable b) a *re/established *unishment (ound in the #uran. These most serious o( all crimes are (ound b) an e,act re(erence in the #uran to a s*eci(ic act and a s*eci(ic *unishment (or that act. There is no *lea/bargaining or reducing the *unishment (or a Had crime. Had crimes ha$e no minimum or ma,imum *unishments attached to them. The *unishment s)stem is com*arable to the determinate sentence im*osed b) some judges in the 0nited &tates. I( )ou commit a crime% )ou know what )our *unishment will be. There is no (le,ibilit) in the 0.&. determinate model or in the *unishment (or Had crimes o( Islamic Law. 1o judge can change or reduce the *unishment (or these serous crimes. The Had crimes are: 1. 2urder3 . 4*ostas) (rom Islam 1. (making war u*on 4llah and his messengers)3 1. The(t3 . 4dulter)3 ". 5e(amation . ((alse accusation o( adulter) or (ornication)3 1. 6obber)3

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Contem*orar) &haria Law is now in written (orm and is statutor) in nature. Tazir Crimes 2odern Islamic &ociet) has changed greatl) (rom the time o( the . The usual number o( witnesses is two% but in the case o( adulter) (our witnesses are re. Islamic conce*ts o( justice argue that a *erson should know what the crime is and its *ossible *unishment. The Islamic judge must look at a higher le$el o( *roo( and reasons wh) the *erson committed the crime. The major m)th o( man) *eo*le is that judges in Islamic nations ha$e (i. It also allows (or much greater (le..uired.ed *unishments because the) are set b) 9od and are (ound in the #uran. The last three crimes are mentioned but no s*eci(ic *unishment is (ound (&chmalleger%*. 4lcohol/drinking.ui$alents.< These <minor (elonies< are not (ound in the #uran so the Islamic judges are (ree to *unish the o((ender in almost an) (ashion.uires the Had crime to be *unished as a Ta!ir crime. &ome in the media onl) mention that i( )ou steal% )our hand is cut o((.ibilit) in how it *unishes an o((ender. 2ohammed &alam 2adkoar% who was the head o( Islamic 2 . The media o(ten lea$es the *ublic with the im*ression that all are *unished with (lims) e$idence or limited *roo(. Islamic law has a $er) high le$el o( *roo( (or the most serious crimes and *unishments. Ta!ir crimes are less serious than the Had crimes (ound in the #uran.ro*het. Had crimes are crimes against 9od:s law and Ta!ir crimes are crimes against societ). Ta!ir crimes can and do ha$e com*arable <minor (elon) e. 'hen there is doubt about the guilt o( a Had crime% the judge must treat the crime as a lesser Ta!ir crime. There are some sa(eguards (or Had crimes that man) in the media (ail to mention.ibilit) than judges under common law. The (irst (our Had crimes ha$e a s*eci(ic *unishment in the #uran. +or e. The more liberal Islamic nations treat these crimes as Ta!ir or a lesser crime. In realit) the judges ha$e much greater (le. Had crimes ha$e (i. &ome more liberal Islamic judges do not consider a*ostas) (rom Islam or wine drinking as Had crimes.78"). 4 judge can onl) im*ose the Had *unishment when a *erson con(esses to the crime or there are enough witnesses to the crime.am*le% Eg)*t has a *arliamentar) *rocess which has a (ormal *enal code written and based u*on the *rinci*les o( Islamic Law% but &audi 4rabia allows the judge to set the Ta!ir crimes and *unishments. I( there is no con(ession to a crime or not enough witnesses to the crime% Islamic law re. &ome common law writers use the analog) o( misdemeanors% which is the lesser o( the two categories ((elon) and misdemeanor) o( common law crimes.ed *unishments (or all crimes. 2odern Islamic Law recogni!es man) di((erences between these two nations.

&ome o( the more common *unishment (or Ta!ir crimes are counseling% (ines% *ublic or *ri$ate censure% (amil) and clan *ressure and su**ort% sei!ure o( *ro*ert)% con(inement in the home or *lace o( detention% and (logging. The assum*tion o( the *unishment is that a greater <e$il < will be *re$ented in the (uture i( )ou *unish this o((ender now. This ga$e each ruler great (le.ibilit) in what *unishments the judge was able to dis*ense. The e. Ta!ir crimes can be *unished i( the) harm the societal interest. Historicall) Ta!ir crimes were not written down or codi(ied. 4 #esas crime is one o( retaliation.tent o( the criminal dis*osition o( the criminal himsel(. The (amil) also ma) seek to ha$e a *ublic e. Each nation is (ree to establish its own criminal code and there is a great dis*arit) in *unishment o( some o( these crimes. I( )ou commit a #esas crime% the $ictim has a right to seek retribution and retaliation.< 5i)a is *aid to the $ictim:s (amil) as *art o( *unishment.18-): Ta!ir *unishments $ar) according to the circumstances. Islamic law has much greater (le. Each judge is (ree to *unish based u*on local norms% customs% and in(ormal rules. 5i)a is an ancient (orm o( restitution (or the $ictim or his (amil). &haria Law *laces an em*hasis on the societal or *ublic interest.act *unishment (or each #esas crime is set (orth in the #uran.ecution o( the o((ender or the (amil) ma) seek to *ardon the o((ender. .ibilit) than the 'estern media *ortra)s. Ta!ir crimes are acts which are *unished because the o((ender disobe)s 9od:s law and word.unishment can come in se$eral (orms and also ma) include <5i)a. The) $ar) according to the gra$it) o( the crime and the e. the *unishment that will deter others (rom crime and will hel* to rehabilitate an o((ender. Qesas Crimes and Diya Islamic Law has an additional categor) o( crimes that common law nations do not ha$e. &ome o( the more common Ta!ir crimes are: briber)% selling tainted or de(ecti$e *roducts% treason% usur)% and selling obscene *ictures. Each judge is (ree to (i. The) change (rom time to time and (rom *lace to *lace.Law at the 0ni$ersit) o( Cairo% makes the (ollowing obser$ation (2inistr) o( the Interior% 1=>7%*. The judge under Islamic Law is not bound b) *recedents% rules% or *rior decisions as in common law. I( )ou are killed% then )our (amil) has a right to seek #esas *unishment (rom the murderer. In some Islamic nations% Ta!ir crimes are set b) legislati$e *arliament. The onl) guiding *rinci*le (or judges under &haria Law is that the) must answer to 4llah and to the greater communit) o( 2uslims. ?udges are totall) (ree to choose (rom an) number o( *unishments that the) think will hel* an indi$idual o((ender. The consum*tion o( alcohol in Eg)*t is *unished much di((erentl) than in Iran or &audi 4rabia because the) ha$e (ar di((erent ci$il laws. Traditional #esas crimes include: 3 .

ro*het was able to con$ince se$eral tribes to take a monetar) *a)ment (or damage to the clan or tribe. -.ed in the 0. The #esas crimes re. The conce*t o( retribution was (ound in the (irst statutor) <Code o( Hammurabi< and in the Law o( 2oses in the (orm o( <an e)e (or an e)e. &ome re*orters in the mass media ha$e critici!ed the thought o( <blood mone)< as barbaric.uired to *a). The assum*tion is that $ictims will be com*ensated (or their loss.remeditated o((enses against human li(e% short o( murder. 5i)a has its roots in Islamic Law and dates to the time o( the . It acts as a great incenti$e (or (amil) and communit) to teach res*onsible beha$ior. s)stem o( justice. The 0nited &tates (ederal code contains <mandator) minimum< sentences (or drug dealing% and man) states ha$e (i.< 2uslims add to that sa)ing <but it is better to (orgi$e. The 0nited &tates justice s)stem has ado*ted a retribution model which sets (i. Toda)% the 5i)a is *aid b) the o((ender to the $ictim i( he is ali$e. #esas crimes are based u*on the criminological assum*tion o( retribution. 2urder (*remeditated and non/*remeditated). 2urder b) error. The) were nomadic and tra$eled e. 4 . 0nder common law% the $ictim or (amil) must sue the o((ender in a ci$il tort action (or damages. The) labeled the *ractice as undemocratic and inhumane.es the *ro*er 5i)a.uire com*ensation (or each crime committed. @((enses b) error against humanit)% short o( murder. 'hat ha**ens to the debt i( the o((ender dies and has not *aid itA Historicall)% it was *assed on to the o((ender:s heirs3 toda)% most nations terminate the debt i( the o((ender le(t no inheritance. The . I( the $ictim is dead% the mone) is *aid to the $ictim:s (amil) or to the $ictim:s tribe or clan.1. I( an o((ender is too *oor to *a) the di)a% the (amil) o( the o((ender is called u*on (irst to make good the di)a (or their kin.uestion that is o(ten raised is <'hat ha**ens i( a $ictim takes the di)a without go$ernment a**ro$al A< The $ictim or (amil) has committed a Ta!ir crime b) acce*ting mone) which was not mandated b) a judge: taking di)a must be carried out through *ro*er go$ernmental and judicial authorit). #esas law combines the *rocess o( criminal and ci$il hearings into one% just as the <ci$il law< is a**lied in man) nations o( the world.ed *unishment (or drugs and $iolence and using wea*ons. This *ractice grew and now is an acce*table solution to some #esas crimes.tensi$el).&. . This conce*t is not (ound in common law or the ci$il law o( most nations.< Contem*orar) common law toda) still is (illed with the assum*tions o( retribution. #esas crime is sim*le retribution: i( one commits a crime he knows what the *unishment will be. I( the (amil) is unable to *a)% the communit)% clan or tribe ma) be re. #esas crimes are com*ensated as restitution under common law and ci$il law. Each nation sets the damage be(ore the o((ense and the judge then (i.ed *unishments (or each crime.ro*het 2ohammed when there were man) local (amilies% tribes and clans. ". The idea o( retribution is (i. @ne . .

2uslims and non/2uslims are both re. There are (our Had crimes that do ha$e (i. These writers also ha$e concluded that Islamic judges lack discretion in their sentences o( de(endants in the &haria Court &)stem. This action has done a great disser$ice to the 2uslim world. Conclusions Contem*orar) treatment o( Islamic Law and <6adical 2uslims< is (illed with stereot)*ical characteri!ations. Historicall)% some grie$ing (amil) member ma) ha$e tortured the o((ender in the *rocess o( *unishment. &ome academic writings also ha$e been distorted and not alwa)s com*letel) accurate and some researchers ha$e concluded that Islamic Law re.uires a (i. 1ow the go$ernment is the inde*endent *art) that administers the *unishment% because torture and e. 5 . These and man) other crimes similar to Common Law crimes are tried in modern <2a!alim Courts.4nother conce*t o( #esas crimes is the area o( *unishment. Each $ictim has the right to ask (or retaliation and% historicall)% the *erson:s (amil) would carr) out that *unishment.uires the go$ernment to carr) out the #esas *unishment.ro*het 2ohammed whose translation o( 4llah or 9od:s will is (ound in the #uran.ed *unishment (or all crimes. 2odern Islamic law now re.ed *unishments set (orth in the #uran% but not all the Had crimes are bound b) mandator) *unishment.tended *ain is contrar) to Islamic teachings and &haria Law. Islamic Law is $er) di((erent (rom English Common Law or the Euro*ean Ci$il Law traditions.uired to li$e b) laws enacted b) the $arious (orms o( go$ernment such as ta. Islamic Law does ha$e se*arate courts (or 2uslims (or <religious crimes< and contem*orar) non/religious courts (or other criminal and ci$il matters.< The 2a!alim Courts can also hear ci$il law% (amil) law and all other cases. 2uslims are held accountable to the &haria Law% but non/2uslims are not bound b) the same standard (a*ostas) (rom 4llah). The) ha$e taken the $iews o( a (ew radicals and *rojected them onto all 2uslims. 2uslims are bound to the teachings o( the . &ome in the 'estern media ha$e used the <1ew Bork Cit) bombings< as a wa) to increase hate and *rejudice. laws% tra((ic laws% white collar crimes o( business% and the(t.

let alone come up with new ideas or contribute to the development of a high level of civili ation. and he has continuously e#pressed his awareness of this need in many ways. may the mercy and blessings of )od be upon him. it has set down immutable punishments for certain crimes that are not affected by changing conditions and circumstances. (slamic 'aw combines between stability. $his is a society that worships )od and flourishes on the "arth. !an has been conscious of the need for security since the beginning of his life on "arth. in its complete form as part of *is final message to humanity. (slamic 'aw pays the most careful attention to this matter and provides a complete legal system.rom what angle does (slam approach combating crime/ What are the principles that the (slamic penal code is based upon/ What are the distinguishing features of this code/ What are the measures that it employs to combat crime/ What types of punishments e#ist in (slam/ What are the ob0ectives behind their being legislated/ $hese are the -uestions that will be dealt with in the following pages. $his was accomplished in order to ensure general security. )od says2 “We have sent our Messengers with clear signs and have sent down with them the book and the criterion so that man can 3 . Without security and stability. and firmness. 'i+ewise. no less important than food and clothing.onse-uently. and material need and cultivate every aspect of his being. a human being is not able to properly conduct his daily life. $his is a civili ation that allows a person to fulfill his every spiritual. &y contrast. one that wields the forces of nature to build a civili ation wherein every human being can live in a climate of peace. (n this way. fle#ibility. With the formation and evolution of human society. $his supreme ob0ective is articulated by the 1uran in many places. it contains comprehensive principles and general rules suitable for dealing with all the problems and circumstances that life may bring in any time or place. he has e#pressed this and other needs through the establishment of a state and the formation of laws. The Islamic Approach to Combating Crime $he ultimate ob0ective of every (slamic legal in0unction is to secure the welfare of humanity in this world and the ne#t by establishing a righteous society. . . the 'aw of (slam was sent down to !uhammad. $he development of these man%made laws did not come to completion e#cept in the last few centuries as the result of a long process of trial and error. (t ta+es into consideration the changing circumstances of society as well as the constancy and permanence of human nature.Security and stability are basic human needs. intellectual. 0ustice and security. and oppose e#ternal threats to its security posed by other nations. settle disputes and conflicts that threaten society.

$o preserve reason. 4. it prescribes the punishment for apostasy. &od wants to lighten your burdens' and +e has created man weak.#*$ 4nd *e says2 “&od commands justice' righteousness' and s(ending on ones relatives' and (rohibits licentiousness' wrongdoing' and injustice%” (Quran )-"/0$ Since the (slamic legal in0unctions are aimed at achieving human welfare. $he preservation of religion. $o protect all of them. they can all be referred bac+ to universal principles which are necessary for human welfare to be secured. 7 . $ransgression against lineage 5fornication and false accusations of adultery6. 3. &od wants to forgive you and wants those who follow their desires to turn wholeheartedly towards (what is right$. $o preserve religion. $he preservation of lineage. it prescribes the punishment for fornication. it prescribes the law of retribution. $he preservation of life.” (Quran !"# $ 4nd *e says2 “%&od wants ease for you' not hardshi(. 2.establish justice.. $he preservation of reason. $he preservation of property. &od is the All knowing' the Wise. (t should therefore become clear to us why the crimes for which (slam for which the 'aw has prescribed fi#ed punishments are as follows2 1. it prescribes the punishment for drin+ing. 5.. $o preserve lineage. 2. $ransgression against property 5theft6. $o preserve wealth. And we sent down iron of great strength and many benefits for man.” (Quran ... $hese universal principles are2 1. 3.” (Quran #")* $ 4nd *e says2 “&od wants to make things clear for you and to guide you to the ways of those before you and to forgive you."#-. it prescribes the punishment for theft. it prescribes the punishment for highway robbery. $o preserve life. $ransgression against life 5murder or assault6. $he (slamic penal system is aimed at preserving these five universal necessities.

the (slamic penal system also has uni-ue virtues and distinguishing features. $ransgression against religion 5apostasy6. $his is due to the fact that (slamic 'aw. and a desire to do good to others and refrain from causing in0ury and harm. adherence to moral virtues. his freedom. is established on two complimentary principles. hope for divine mercy. 5. (n this way. 3. fear of divine punishment. $ransgression against all of these universal needs 5highway robbery6. 2. (t provides every safeguard to leave no e#cuse for a person to have to resort to crime. Forms of Punishment in Islam (slamic 'aw. does not rely merely on legislation and e#ternal deterrents. *owever. (t does not set out to punish without first preparing for the individual a situation conducive to a virtuous and happy life. (t focuses more on the internal deterrent. $ransgression against reason 5using into#icants6. placing the greatest emphasis on man8s moral conscience. love for others. (slamic 'aw and contemporary law coincide. when dealing with social problems such as crime. though (slamic 'aw has the distinction of being first. ma+ing a criminal renounce his ways by inspiring him with faith in )od. (t has a balanced outloo+ with respect to the relationship between the individual and society. . in confronting the problems of life and setting down solutions for them. .or the unchanging aspects of life. among the most important of which are the following2 1.or the dynamic aspects of life that are affected by social development. (slamic 'aw brings fi#ed statutes.4. its priority is the protection of the individual. it does not marginali e the individual for the sa+e of society. Distinguishing Features of the Islamic Penal System (n the aforementioned principles. $his becomes clear from the fact that while the 9ivine 'aw protects society by legislating punishments and preventative measures against crimes. it stirs up emotions. and his rights. $hese are2 the stability and permanence of its basic tenets on the one hand and the dynamism of its subsidiary in0unctions on the other. and advances in +nowledge. (t promises success and salvation for those who wor+ righteousness and warns wrongdoers of an evil fate. $he inner deterrent of man8s moral conscience is fully integrated with e#ternal supervision. broadening hori ons. (t endeavors to develop this conscience within a person from childhood so that he can be brought up with the noblest moral character. :n the contrary. (slamic 'aw comes with general principles . .

we find that (slamic 'aw has come with clear te#ts prescribing fi#ed punishments for those crimes that no society is free of. predetermined punishments. $hese punishments cannot be waived by the 0udge. it may be possible for the victim to pardon the criminal if the damage done was only personal. 4mong these are the following2 1. When we apply these principles to the penal system. 9iscretionary punishments Prescribed Punishments . Theft $heft is defined as covertly ta+ing the wealth of another party from its secure location with the intention of ta+ing possession of it. (n accordance with this principle. $hese punishments have certain peculiarities that set them apart from others. crimes that do not vary in their forms because they are connected with the constant and unchanging factors of human nature. leaving the punishment to be decided by the proper political authority in society. or the victim after their associated crimes have been brought to the attention of the governing body. ? . 1. the e#ecution of which is considered the right of )od. $he political authority can then ta+e the particular circumstances of the criminal into consideration and determine the most effective way to protect society from harm. punishments in (slamic 'aw are of three types2 1. (slamic 'aw confronts other crimes by stating the general principle that decisively indicates their prohibition. meaning that the legal right involved is of a general nature where the greater welfare of society is considered.rimes that fall under this category can be defined as legally prohibited acts that )od forcibly prevents by way of fi#ed. $he following crimes fall under the 0urisdiction of the fi#ed punishments2 3. 2. $hese punishments are the >right of )od8. the political authority. =etribution 3. <rescribed punishments 2. $hese punishments can neither be increased nor decreased. &efore these crimes are brought before the state.and universal rules capable of being applied in a number of different ways and in a variety of circumstances.

. &ecause of this. Will you not then desist6” (Quran "/0.A (slam. fi#ed punishment. may the mercy and blessings of )od be upon him. it @permits good things and prohibits harmful things. protects the lives of people as well as their rational faculties. $.2. thus. Fornication and Adultery $his is defined as any case where a man has coitus with a woman who is unlawful to him. and reputations. reputation. because wine is destructive of all the universal needs.alse accusation includes any claim of fornication or adultery that is not bac+ed up by a proof acceptable to (slamic 'aw. igh!ay "obbery *ighway robbery is defined as the activity of an individual or a group of individuals who go out in strength into the public thoroughfare with the intention of preventing passage or with the intention of sei ing the property of passers%by or otherwise inflicting upon them bodily harm. $he prohibition of wine and the punishment for drin+ing it are among the laws that clearly show (slam8s concern for these matters. )od says2 “1 you who believe2 3erily wine' gambling' idols' and divination are but the abominations of 4atan5s handiwork' so abandon these things that (erchance you will be successful. False Accusation $his is defined as accusing the chaste. %. $he punishment prescribed for it in the Sunnah is e#ecution. and it came as a remedy for a problem that e#isted at the time of the <rophet. (t also includes denying the lineage of a person from his father 5which implies that his parents committed fornication of adultery6. and religion. Drin&ing :ne of the most important ob0ectives of (slam is the reali ation of human welfare and the avoidance of what is harmful. having the potential to destroy life. Apostasy 4postasy is defined as a !uslim ma+ing a statement or performing an action that ta+es him out of the fold of (slam. 4ny relationship between a man and a woman that is not inclusive of coitus does not fall under this category and does not mandate the prescribed. wealth. #./)$ '. 4atan only wishes to cause enmity and hatred between you through wine and gambling and to (revent you from the remembrance of &od and (rayer. $his problem 1B . intellect. innocent person of fornication or adultery. wealth.

.was that a group of people would publicly enter into (slam together then leave (slam together in order to cause doubt and uncertainty in the hearts of the believers. the prescribed punishment for apostasy was instituted so that apostasy could not be used as a means of causing doubt in (slam. $he 1uran relates this event to us2 “A grou( from the 7eo(le of the 4cri(ture said" 89elieve in what is revealed to those who believe at the beginning of the day' then disbelieve at the end of the day' so (erha(s they might return from faith.. then his cause of doubt can be removed and the truth clarified to him. promising a reward in the hereafter for the one who does. *e is encouraged to repent for three days. $here is no retribution for accidentally +illing or in0uring someone. (slam permits the victim to pardon the perpetrator. $ 2.” (Quran ". (f he cut off or in0ured a limb of the victim.” (Quran #")!*$ 4nd *e says2 “%.” (Quran :"!#$ $hus. (f the criminal +illed the victim. =etribution is not lawful e#cept where the +illing or in0ury was done deliberately.. Specialists are used to ma+e this determination..” (Quran ". 4t the same time. the apostate is given time to repent. because the punishment in these crimes is considered the right of the victim. "etribution $his is the second type of punishment in (slamic 'aw. )od says2 “<f anyone waives the right to retaliation out of charity' it shall be an e=(iation for him. Important Rules Regarding Retribution 1. )od says2 “1 you who believe' retribution is (rescribed for you in the case of murder. (n the crimes where the criminal directly transgresses against another. so if he has a misconception or is in doubt about something. (slam even encourages pardon. then his own limb will be cut off or in0ured if it is possible without +illing the criminal. then he is +illed. $his is where the perpetrator of the crime is punished with the same in0ury that he caused to the victim.here is retribution in wounds. $ 11 . (slam has given the wish of the victim or his family an important role in deciding whether or not the punishment should be carried out.

)od says2 “.. #. and retribution in specific. $hey are the most fle#ible type of punishment. they are fle#ible enough to reali e the ma#imum general benefit to society. $he first of these is the severity of the punishment. for crimes that either infringe on the rights of )od or the rights of an individual. Discretionary Punishments $hese are punishments that are not fi#ed by (slamic 'aw.o forgive it is closer to (iety.onse-uently. the general security of society and the rights of the individual are e-ually reali ed. . and that the benefit of the doubt is always given to the accused. reducing the opportunities for carrying out the punishment. and protecting the accused. as we can see in the case of highway robbery. but do not have a fi#ed punishment or a set e#piation.. !ost people will abstain from committing crime.$he pardon can either be to the payment of blood money. $he second characteristic is the difficulty of establishing guilt. a fi#ed. 9iscretionary punishments are the broadest category of punishments. we find that they have two complementary characteristics. $he punishment must be carried out by the government. and the rights of the accused are safeguarded by the fact that speculation and accusations cannot be grounds for punishment. The Wisdom behind Retribution: With regard to (slamic punishments in general. protecting society. effectively reform the criminal. 12 . $his is in order to discourage the crime and limit its occurrence. (n this way. where no worldly compensation is demanded. $his is also seen in the permissibility of pardon in the case of retribution and the fact that pardon is encouraged and preferred. and that the accused en0oys the greatest guarantee of 0ustice and being spared the punishment whenever possible. and reduce the harm that he causes. because of the severity of the punishment. Some prescribed punishments are even waived on the grounds of repentance. $he family of the victim cannot carry it out. $hese two elements complement each other in that crime is effectively discouraged. and the punishments for these crimes will rarely be carried out. we see the principle that punishments are waived in the presence of doubt. (n this vein. because the crimes that have fi#ed punishments are few in number and all other crimes fall under the scope of this last category. monetary compensation. or can be total. because they ta+e into consideration the needs of society and changing social conditions.” (Quran #"#:!$ 3.

and to imprisonment. to fines. $hese discretionary measures are left to the decision of the legal authorities within the general framewor+ of (slamic 'aw and the universal purposes of (slam that balance between the right of society to be protected from crime and the right of the individual to have his freedoms protected. 13 .(slamic 'aw has defined different types of discretionary punishments starting from e#hortations and reprimands to flogging.