Many people think that Islamic penal system is an isolated system that has no regard for social terms and community-based relationships. Generally speaking, the rationale behind punishments in Islamic law is to suppress crimes and injustices; and to protect the interest of the Islamic community. This is based on the Qur’anic verse where Allah says:
“Allah commands justice, the doing of good, and giving to kith and kin, and He forbids all indecent deeds, and evil and rebellion: He instructs you that ye may receive admonition.”(HQ 16:90)
In order to ensure the prevalence of justice in the society and provide avenues through which a society would live in a peaceful atmosphere, Shari’ah prescribes some forms of punishment with a view to protect religion, life, intellect, progeny and property. Not with a view to inflict harshness or difficulty on human beings but for the purpose of protecting and guiding humanity in general. The basis for this is rooted from the Qur’anic provision where Allah says:
” … Allah intends every facility for you; He does not want to put you to difficulties…” (HQ 2:185)
Therefore, the fundamental basis or rationale behind the application of punishment is to protect and guide humanity in many different ramifications and not to destroy it.
The fact that Islamic penal system prescribes some forms of punishment for the offender does not make the system altogether unworkable or render it ineffective for not carrying out such forms of punishment or putting them into practical terms. This line of conception portrays the system as too narrow, deficient and limited in scope.
The Islamic perspective of punishment has some more powerful forces to compel observance of standards of behaviour than legal coercion. The Islamic consciousness and an acceptance of the standards of religious morality is first instilled into the population at large to fulfil the task described in the Qur’an as urging to the good and dissuading from the bad. Therefore, preserving human soul, morality and kinship are necessary tools in dealing with offences and punishments.
Contrary to general opinion, the concept of crime and punishment in Islamic law is very much connected with individual- community relationship. This is based on the notion that, wherever it is necessary to apportion the blame on the society it is equally necessary to blame the structure of our social institutions and our leaders and the members of the social who helped in encouraging and driving the criminal to commit a particular crime. This is the view of Muhammad Bello in his Usual Al- Siyasat and Ramani Muhammad Bin Zayd in his Kaifa Alajal-Islam Al- Fuqarah.
This therefore, means that before a criminal is to be blamed for committing a particular offence, the concept of individual- community relationship is put into consideration that ,the society must not give way whether directly or indirectly to any situation that may drive it’s individual members to commit a particular crime, because any attitude or behavior of an individual may be considered as a reflection of the general attitude of the whole society. Furthermore, the leaders and the whole structure of the social institutions must be looked at in determining the concept of crime and punishment in Islamic penal system, since leaders are the custodian of the people’s mandate and responsible for protecting both social and economic interests of the society.
The concept of community based justice system is very much relevant and interrelated to the Islamic penal system as the system provides some standard principles and conditions to be observed on the part of both the society and the authority, putting together the wrong-doer’s conditions and circumstances into consideration. That apart from preventing the offender from committing further acts or making his punishment a means of deterrence to others, it is necessary to set out some policies that will take care of immediate and remote causes of crimes so as to avoid inflicting punishment. This is the view of Muhammad Khalil in his Commentary on Askari and Sayyid Sabiq in his Fiqhu-al- Sunnah.
It is not in accord with sound and logical reasoning that an offender is punished for wrong doing that the whole society is guilty of, or that the people in authority have failed to hold on to their primary responsibility and thereby creating social problems that will bread criminals and criminal tendencies. That’s why community based justice system is very much appreciated under Islamic penal system.
Samba writes from Kano
The views expressed in this article are the author’s and do not necessarily reflect WikkiTimes’ editorial stance.
