I was wondering, how is the system set up? Say in a criminal case, how is justice applied? Is the accused presumed innocent or guilty? Do you need a certain amount of witnesses? I know in a murder case, if the accused is convicted, the family may spare his life, but what happens after that? Does he go free or do they put him in prison? What if the crime was a sin like apostasy or shirk? Can his life be spared?
It is very unfortunete that no one has responded to this thread because the justice system in Islam is really what made the Islamic Caliphate so amazing. It should also be realized that there are some similarities with Jewish judicial system and Islamic and even Islamic and the West.
With regards to your questions please understand I am a layman and not a scholar. I can't guarantee the validity of my answers and I dont quite have proof to back it up except from what I have heard is the general consensus.
format_quote Originally Posted by Boaz
how is the system set up? Say in a criminal case, how is justice applied? Is the accused presumed innocent or guilty? Do you need a certain amount of witnesses?
The accused will not be punished in any way until he or she has had a trial. This implies the rule innocent until proven guilty because they have a right to speak and give their side before any action is done.
And depending on the case will depend on if witnesses are needed or not. With regards to fornication or adultery a minimum of 4 witnesses is needed. Their character is all taken into consideration. Although it isnt impossible for someone to be punished for fornication or adultery , it is very rare. Because not only does Islam require 4 witnesses but Islam also highly values privacy. So let us have an example scenario
Man is committing fornication with a woman and 4 people suspect it. There fore, they spy through the persons window and clearly see fornication
After they see the fornication they report it. The accused are given a trial. When the judge asks how the people saw it and they say that they saw it by spying the judge could very possibly dismiss the case and in fact punish the people for spying and invading privacy!
But no upright Muslim would spy in the first place because the Prophet(saws) said that if someone is caught peeping through a hole they can get their eyes plucked out! All though this may seem harsh it is a great deterrent and a great message: don't spy! Respect privacy! In fact, Ibn Uthymeen once saw women dancing around men and the men were intoxicated. He wanted to punish them was reminded that he can not because they were in their own house and privacy is respected! This is why in the Muslim nations some houses have big barriers in front of it. It is to guard their privacy. I would like to say that in this life, Islam does not worry so much about what people do in their privacy because their privacy is respected. But at the same time we all know that Allah(swt) will hold us accountable for our actions in the here after so no Muslim should ever say that it is okay to sin in private but not in public. Rather it is sinful in both aspects but privacy will reign in the former. But we should all fear the punishment in the here after than in the world.
format_quote Originally Posted by Boaz
I know in a murder case, if the accused is convicted, the family may spare his life, but what happens after that? Does he go free or do they put him in prison? What if the crime was a sin like apostasy or shirk? Can his life be spared?
I believe the family can actually make that decision. If they can decide whether the accused can have death or not than they can certainly decide other actions. Allahu Alim
If apostasy or shirk is committed than they better do it in privacy and not publicize it because the punishments are grave. I havent heard any one permit their life to be spared unless they are not in a correct state of mind (maybe they became mentally unstable because of major depression or some thing.) All though the punishment sounds severe it is a way to deter people from leaving the religion. You must consider that we sincerely believe in an after life and hell is nothing short of misery. We dont want our family members facing this misery so we hope to do any thing possible for them to stay on the right path. The Jewish scriptures have said the same thing though interpretations have been different.
If apostasy or shirk is committed than they better do it in privacy and not publicize it because the punishments are grave.
Can you describe those punishments? What form do they take and how do they differ between regions, states and countries?
You must consider that we sincerely believe in an after life and hell is nothing short of misery. We dont want our family members facing this misery so we hope to do any thing possible for them to stay on the right path.
At first blush, it sounds like you'd be doing them a favour by threatening them with punishment... but on the other hand, isn't that just a way of controlling what people believe?
In Islamic courts, the judge has supreme powers. What he says goes. However, he cannot go beyond the punishment layed out in the Qur'an and/or Sunnah.
The whole session revolves around convincing the judge - if there is even the slightest doubt, he should not hand out the punishment. This role is extremely important and requires very specific knowledge (shiek level of knowledge)
The punishments typically vary from prison sentences and fines to capital punishment, for the more severe crimes.
The following groups are however exempt from capital punishments (in Islamic courts):
* Non-muslims
* children
* mentally ill people
Ninja edit: we are not supposed to enjoy the punishments. It is simply a case of doing what is needed to keep a just society.
Someone said to the Prophet, "Pray to God against the idolaters and curse them." The Prophet replied, "I have been sent to show mercy and have not been sent to curse." (Muslim)
i was assaulted off campus when i attended the university.... it went to trial... continued three times... and he finally got sentenced ( he even wrote an apology to me ) of 7 days in jail 4 months suspended, and four years active probation... many of my muslim friends were quite shocked over the punishment... he did plead guilty ... to me it was shocking.... even as a non muslim... i was shocked by how lenient the justice system was. Maybe i should have let it go to trial... i'll never know but i ended up leaving the uni. as a senior w/ a dual major and have yet to finish now. I honestly believe that the muslim judicial system has many benefits just from what i learned from that occurence ... and in case anyone even wonders... no i didnt ask for it.. and no i never said yes to anything.
Serena
Someone said to the Prophet, "Pray to God against the idolaters and curse them." The Prophet replied, "I have been sent to show mercy and have not been sent to curse." (Muslim)
If i'm not mistaken yes. There was a case in .... I think the UAE about a public showing of affection and they had to adhere to the punishment that was metted out. Doesn't surprise me though infact .... as people in this country are expected to follow our laws why shouldn't those who go to other countries be subject to the same laws
Peace to all, especially those w/ heavy or torn hearts and minds.
Serena
So, what can be done if a non-Muslim commits a crime in an Islamic state? Do they throw him in prison? Like for fornication or for smuggling alcohol.
For non-muslim criminals, prison sentences and fines are the usual punishments I believe. But as is always the case, it depends on the crime and what the judge deems fit a punishment.
Someone said to the Prophet, "Pray to God against the idolaters and curse them." The Prophet replied, "I have been sent to show mercy and have not been sent to curse." (Muslim)
There seems to be some confusion on this thread about the "muslim" judicial system?---There is the "traditional system" and there is the system used today in "Muslim" countries.
The Fiqh or the judicial system has developed over the years and there are 4 main schools of Sharia. They differ here and there from each other. These schools have developed over the years according to specific tools/procedures such as ijma, shura, itjihad....etc---therefore, there is a large body of legal scholarly works in Islamic jurisprudence within each school.
Today---in Muslim countries, there is often a mix of "secular" /colonial era laws mixed in with those that come from a particular school of Fiqh. In order to find out which countries use which laws and what is the mix---Dr Aziza Al-Hibri has looked into this and has some info on her website. (though it is mostly related to women's issues)
Non-Muslims---traditionally, Islam has respected the religious laws of others and non-muslims were allowed to use their own laws.
it was mentioned that the mentally ill are often excluded from certain punishments. Is there a guide of what is allowed and what isnt... simillar to the innocent due to mentally insane ( which is much harder to be convicted of... ) .... if ( just using myself as an example... ) having bipolar disorder, aspergers syndrome, borderline personality disorder, post traumatic disorder and OCD. IF i were muslim would that be enough to exempt me?
it was mentioned that the mentally ill are often excluded from certain punishments. Is there a guide of what is allowed and what isnt... simillar to the innocent due to mentally insane ( which is much harder to be convicted of... ) .... if ( just using myself as an example... ) having bipolar disorder, aspergers syndrome, borderline personality disorder, post traumatic disorder and OCD. IF i were muslim would that be enough to exempt me?
Serena
Judges should consult physicians for advice on each case and how much one's actions are affected.
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