Some people often
say, "Can we apply today the same barbarous punishments which were applied
long ago in the desert? Is it permissible to cut a thief's hand for five
shillings? Could such things take place in the 21st century, which regards the
criminal as the victim of society and maintains that he is entitled to medical
treatment rather than... punishment?" How is it that the 21st century
permits the slaughter of forty thousand innocent people in North Africa but
forbids the rightful punishment of one single criminal !
Crime is often
regarded as an individual aggression against the community. That is why the
concept of crime and punishment is closely connected with a nation's concept of
the individual-community relationship.
Communism refers offences to economic rather than psychological
considerations--as Freud and other psychologists did. Communism holds that a
society which suffers from economic disorder cannot foster virtues. Therefore
criminals should not be punished.
Islam never
prescribes punishments haphazardly nor does it execute these without due
consideration. In this respect Islam has a unique theory which combines the
best of both worlds: the communist as well as the individualistic theories.
Islam holds the balance of justice in the right manner and insists on examining
all conditions and circumstances connected with the offence. On studying a
crime Islam takes into account two considerations at the same time; the
viewpoint of the criminal and that of the community against which aggression
took place
Islam recognizes
the strength and importunity of sex but it tries to satisfy the sexual instinct
through legal means i.e. marriage. Therefore Islam advocates early marriage and
provides aid from the public treasury for those who wish to get married yet cannot
afford to do so. On the other hand, Islam purifies society from temptations
which excite the passions. It also prescribes lofty and noble ideals which
exhaust excessive vitality and direct it into the service of public interest.
It prefers that leisure time should be spent in trying to become closer and
closer to God. In this manner Islam eradicates all motives that may lead to
crime. Nevertheless, Islam does not hasten to inflict punishment unless the
criminal has disregarded traditions and degenerated to animality by committing
adultery so openly that he could be seen by four eye-witnesses.
It may be said that the present economic, social and moral
conditions make it difficult for young men to get married and consequently they
are led to adultery. There is some truth in that. But when Islam is truly
applied there will be no maddening crazy temptations which lead young men to
corruption, and there will be no pornographic motion pictures, newspapers or
songs
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