10.4.6 Punishment as the Last Resort

It must be noted that the punishments administered by the Islamic State are the last resort in the process of curbing and preventing crime. Islam comes as a deen (way of life) where all the systems work in harmony, making an integrated and perfectly complementary whole.

Thus, the Economic System will ensure that all the citizens of the State will have their needs adequately fulfilled such that no-one need resort to crime to sustain themselves. As well, the Education System will teach the people the mentality of rejecting any kind of crime, all of which are forbidden in Islam, in favour of obedience to Allah (swt). And the Social System will inculcate within the people the mentality of respect and dignity towards the opposite sex, and the segregation between men and women in their daily life will minimise the possibility of crimes in this area.

In the Islamic State the prevention of crime works on three levels :

1) The Taqwa of the believer : The Muslim has conviction in the rational creed of Islam, which is built upon the study of reality and use of the mind. This gives them the definite foundation for their belief in Islam and motivates them to be subservient to the One and Only True God, Allah (swt).

Crime is a disobedience to Allah (swt). The Muslim’s longing for the Paradise and their fear of the punishment of Hellfire will prevent them from committing crime.

2) Public Opinion : It is one of the mutual rights and duties of the Muslims that they always look out for and take care the affairs of each other. Thus there will be a constant motivation and encouragement from all sides for people to observe the Islamic conduct.

Crime will be shunned and rejected by the society at large. Criminals and cheats will not be accepted, nor will wealth or any perceived benefits gained illicitly be respected. This pressure from the dominant values in the society will prevent those who are tempted to commit crime from doing so.

3) The Punishments : The last resort is the fear of the consequences of the criminal actions in terms of the punishment.

It is for these reasons that so few incidences of implementation of hadud and other retributions by the judiciary were necessary in the history of the Khilafah.

Superior Economic Model : Islamic System

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