Beyond imprisonment, opportunities to improve justice administration
August 9, 2022
The judicial system is presumed by all as the last resort the masses look up to and believe in to get their grievances sought out legally without infringement on one another’s right.
But when the justice is delayed or denied, it entirely becomes a different ball game. Hence, the society begins to witness lawless acts such as jungle justice and its likes and religion on the other hand is believed to help in shaping the lifestyle of people, which in a long run helps maintain and sustain orderliness, peace and tranquility in the society.
But is this still obtainable in the society? To this end, we sought the view of an Islamic Scholar on what justice is, in the Islamic religion and how well to apportion justice?
The excerpt of the interview with Imam Abdul-Azeez Morufu Onike, Chief Missioner, Nasrul-Lahi-l-Fatih Society (NASFAT). Where he shed light on some grey areas on administration of justice.
What does justice connotes in the Islam?
First and foremost, it has to be stated that Islam holds life sacred and it does not condone criminality in any form. To determine the position of Islam on sentencing a criminal to death by hanging, we need to first and foremost determine the weight and intensity of the crime committed, the circumstances under which it was committed, and most importantly, the category under which the offence falls according to the Qur’an and the Sunnah. It is the combination of these parameters that determines the punishment to be meted out to the convict.
In order to fully understand my answer, there is a need to explain some concepts that are related to penalty in Islam.
Shariah, which means divine guidance as given by the Holy Qur’an and the Sunnah of Prophet Muhammad (Peace Be Upon Him), embodies all aspects of life, i.e, beliefs, worship, business, marriage, divorce, parenting, etc. It goes beyond the penal aspects as people erroneously believe. The objective of this Shariah in summary is to protect religion, life, property, intellect and family.
Whereas, the penal law which is just an aspect of the Shariah has three types of punishments for criminal offences: fixed punishments, which are called Hudud, retaliation, which is called Qisas, and discretionary punishment, which is called Tazir. Hudud or fixed punishments are predetermined by Allah the Almighty and His last Prophet Muhammad through the Holy Qur’an and the Sunnah of Prophet Muhammad.
Hudud crimes (apostasy:
When someone commits apostasy causing rebellion and war against the constitution, law and legitimate government of a country, treason,public act of political secession from or rebellion against the Muslim community; revolt against the ruler; theft; highway robbery; adultery slander, and drinking alcohol) carry penalties that include the amputation of hands and feet, flogging, and death.
What is the Islamic view on convicted criminals being sentenced to death by hanging?
Our Creator Who recommends the Islamic penal laws knows that some offences will attract instant punishment and the offender will be allowed to go with the attendant disgrace to serve as a deterrent to others, rather than lumping all convicts into prison and feeding them at the expense of the state, without the expected rehabilitation tendencies, this amounts to a waste of scarce resources. Some may say, we need to pay a price if we want to enjoy peace by locking up the convicts perpetually or for the time being, rather than sentencing them to death. Unfortunately, putting convicts in perpetual or temporary incarceration has not brought us the expected result. Experience has shown us this stark reality.
The philosophy and underlying objectives of Islamic punishments, especially, ḥudūd, are mainly identified as deterrence, retribution, rehabilitation, and reform (Kamali, 2019)
Divine laws will always guarrantee enduring solutions to social malaise. Man-made laws can never be fool-proof
For example, according to Kurth (2017)Adolf Hitler reportedly killed 6million souls. Assuming he was eventually apprehended and killed (He committed suicide in 1945), that would have been just one soul to six million souls, “As anyone who has lost a loved one knows, the difference between zero and one is an infinity” says Timothy Synder.
Do you personally believe they should rather be given life imprisonment other than sentence to death by hanging?
The most important thing, however, is to work on people’s moral compass and ensure that love for fellow human beings regardless of sex, tribe, religion or social status is preached by all and sundry.
In Islam, while dispensing judgment, the judicial process must ensure that thorough investigations are done and a judge (A Qadi) pronounces a verdict, because the Islamic teaching is that the principle of presumption of innocence is applicable both to criminal legislation and the implementation of it. the Prophet says, “Had men been believed only according to their allegations, some persons would have claimed the blood and properties belonging to others, but the accuser is bound to present positive proof,
The Prophet (SAW) also says, “……Verily, for the leader to err in pardoning is better than to err in punishing.” this is however without prejudice to the aphorism that says, Justice delayed is justice denied.
What’s your own view on the pace of our justice system?
Our judicial system needs to apply current technology to aid quick dispensation of justice.
The most important thing, however, is to work on people’s moral compass and ensure that love for fellow human beings regardless of sex, tribe, religion or social status is preached by all and sundry.
In Islam, while dispensing judgment, the judicial process must ensure that thorough investigations are done and a judge (A Qadi) pronounces a verdict, because the Islamic teaching is that the principle of presumption of innocence is applicable both to criminal legislation and the implementation of it.
