Human beings are limited in knowledge and are fallible. They are prone to error and subject to prejudice. Islam does not leave the legislation of justice to the whims and fancies of human beings as is the case in the West. Instead the permission to make laws is only for Allah (swt) the creator of mankind and the One Who knows human beings the best. Who do you think is best qualified for this task? Allah (swt) says,
“The rule is to none but Allah.” [TMQ 6:57]
Thus you can rest assured that in an Islamic court, factors such as the judge being friends with the accused, or having had a bad day, have no bearing on the severity of the punishment he chooses to administer.
If you are a victim of crime and are poor while your opponent is wealthy, this will have no effect whatsoever on the verdict of the court. While you are allowed to appoint a representative to speak on your behalf, there are no vast sums of money at stake. The objective of the courts is solely to establish justice, not to make money. Therefore, it does not matter who presents your case, or how persuasively he speaks, but it is up to the judge to ascertain the facts and evaluate them.
In Islam, only definite evidence of guilt is sufficient for the administration of a sentence. Accordingly, there is no concept of a jury, whose members may disagree between themselves on the verdict, purely on the basis of their own personal discretion.
Circumstantial evidence, which is inconclusive and subject to different interpretations is not enough. All evidence is presented to a judge who is expert in jurisprudence, and he imposes punishment according to laws from Islam. Thus only those proven to be criminals are punished. Criminals for whom no conclusive verdict is possible will not escape the punishment on the Day of Judgement.
Given the above framework of the two Judicial systems, let us compare the treatment of common crimes that we are most worried about in this society.
- Mugging : You have probably suffered this at least once in your life, or know someone who has suffered it.
British Legal System : The sentence is discretionary, depending on the crime, but is commonly punished by community service.
Islamic Judicial System : Once guilt is ascertained, the judge will consider the severity of the crime and perform ijtihad (i.e. extracting the rule from the Qur’an and the Sunnah). This may range from public humiliation to death, if the mugging led to death.
- Burglary : Burglary is extremely common in Britain. No doubt, you are afraid that your house may have been burgled if you are away for any period of time.
British Legal System : The sentence is discretionary, depending on the crime, but is commonly punished with imprisonment.
Islamic Judicial System : Burglars will have their hand cut off, provided they fulfil the seven conditions for this punishment. They are not permitted to have it surgically replaced.
- Rape : There is a rape in Britain on average every 2.5 hours. Many more go unreported, and in most cases the perpetrator is known to the victim.
British Legal System : The sentence is discretionary, but the punishment ranges from a fine to life imprisonment. Commonly, the period of imprisonment is below 10 years.
Islamic Judicial System : The punishment can be death, depending on the circumstances.
Drugs Abuse : This is extremely common amongst all ages, particularly the youth. It is often seen as a harmless habit. Perhaps you are worried about a child or relative. If not, you probably should be.
British Legal System : The punishment depends on the nature of the drug, and the quantity possessed. Alcohol is legal. For ‘soft’ drugs like marijuana, offenders are usually just cautioned, but ‘hard’ drug abusers (like cocaine, heroin) may be imprisoned.
Islamic Judicial System : Offenders are publicly flogged 80 lashes.
Fornication & Adultery : With the emphasis in our society placed on relationships and sexual freedom, you would be justified in fearing for the conduct of young or indeed older Muslims who are subject to its influence.
British legal System : Both of these are legal, whether done between members of the opposite sex or the same sex ( i.e. homosexuality). In fact, if you were to criticise these you would be blamed for intolerance and discrimination.
Islamic Judicial System : Fornication is punished by flogging 100 lashes. Adultery and homosexual fornication are both punished by public execution.
The objective behind the administration of justice in Islam is to act as a deterrent, to reform offenders and to secure society. As you can see, the nature of sentences in the Islamic Judicial System ensure that these objectives are achieved. History bears witness to this - only about 200 hands are recorded to have been cut in the entire history of the Islamic State!
In the West, however, up to 70% of convicted prisoners re-offend once they are released, and the rates of crime are hardly indicative of a successful deterrent.
One of the fundamental problems in the West is the complete contradiction of the ideology that is pushed upon the people. On the one hand, they are told that freedom is the basic right of the individual. This, however, is an open license to commit crime. When this is combined with the concept of democracy, the contradiction becomes apparent. For democracy is a system of making laws - devices to restrict freedom. The result of this conceptual mish-mash is chaos!
The justice which the Islamic State’s Judicial System proffers will offer you peace of mind, security and confidence that your rights will not be abused. After the checks and balances of personal taqwa and the effect of public opinion, the last level of regulation - the Islamic Judicial System guarantees that the world will be free from the exploitation and corruption of man-made law, and the rising tide of crime that complements it.