Capital punishment in Islam in the context of Sol Hachuel


Capital punishment in Islam in the context of Sol Hachuel

⭐ Core Definition: Capital punishment in Islam

Capital punishment in Islam is traditionally regulated by the Islamic law (sharīʿa), which derived from the Quran, ḥadīth literature, and sunnah (accounts of the sayings and living habits attributed to the Islamic prophet Muhammad during his lifetime). Crimes according to the sharīʿa law which could result in capital punishment include, murder, rape, adultery, potentially homosexuality, etc. The death penalty is in use in many Muslim-majority countries, where it is seen as sharīʿa-prescribed punishment for crimes such as apostasy from Islam, adultery, witchcraft, murder, rape, and publishing pornography.

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Capital punishment in Islam in the context of Apostasy in Islam

Apostasy in Islam (Arabic: ردة, romanizedridda or ارتداد, irtidād) is commonly defined as the abandonment of Islam by a Muslim, in thought, word, or through deed. It includes not only explicit renunciations of the Islamic faith by converting to another religion or abandoning religion altogether, but also blasphemy or heresy by those who consider themselves Muslims, through any action or utterance which implies unbelief, including those who deny a "fundamental tenet or creed" of Islam. An apostate from Islam is known as a murtadd (مرتدّ).

While Islamic jurisprudence calls for the death penalty of those who refuse to repent of apostasy from Islam, what statements or acts qualify as apostasy, and whether and how they should be punished, are disputed among Muslim scholars, with liberal Islamic movements rejecting physical punishment for apostasy. The penalty of killing of apostates is in conflict with international human rights norms which provide for the freedom of religions, as demonstrated in human rights instruments such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights provide for the freedom of religion.Until the late 19th century, the majority of Sunni and Shia jurists held the view that for adult men, apostasy from Islam was a crime as well as a sin, punishable by the death penalty, but with a number of options for leniency (such as a waiting period to allow time for repentance or enforcement only in cases involving politics), depending on the era, the legal standards and the school of law. In the late 19th century, the use of legal criminal penalties for apostasy fell into disuse, although civil penalties were still applied.

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Capital punishment in Islam in the context of Takfir


Takfir (Arabic: تَكْفِير, romanizedtakfīr) is an Arabic and Islamic term which denotes excommunication from Islam of one Muslim by another, i.e. accusing another Muslim of being an apostate. The word is found neither in the Quran nor in the ḥadīth literature; instead, kufr ("unbelief") and kāfir ("unbeliever") and other terms employing the same triliteral root K-F-R appear.

Since according to the traditional interpretations of Islamic law (sharīʿa) the punishment for apostasy is the death penalty, and potentially a cause of strife and violence within the Muslim community (Ummah), an ill-founded takfir accusation was a major forbidden act (haram) in Islamic jurisprudence, with one hadith declaring that one who wrongly declares a Muslim an unbeliever is himself not an apostate but rather committed minor shirk. In the history of Islam, a sect originating in the 7th century CE known as the Kharijites carried out takfīr against both Sunnī and Shīʿa Muslims, and became the main source of insurrection against the early caliphates for centuries. Traditionally, the only group authorized to declare another Muslim a kāfir are the scholars of Islam (Ulama), which affirm that all the prescribed legal precautions should be taken before declaring takfīr, and that those who profess the Islamic faith should be exempt.

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Capital punishment in Islam in the context of Islam and violence

The use of politically and religiously-motivated violence in Islam dates back to its early history. Islam has its origins in the behavior, sayings, and rulings of the Islamic prophet Muhammad, his companions, and the first caliphs in the 7th, 8th, and 9th centuries CE. Mainstream Islamic law stipulates detailed regulations for the use of violence, including corporal and capital punishment, as well as regulations on how, when, and whom to wage war against.

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Capital punishment in Islam in the context of Decapitation in Islam

Decapitation was a standard method of capital punishment in pre-modern Islamic law. By the end of the 20th century, its use had been abandoned in most countries. Decapitation is still a legal method of execution in Saudi Arabia and Yemen. It is also a legal method for execution in Zamfara State, Nigeria under Sharia. In Iran, beheading was last used in 2001 according to Amnesty International, but it is no longer in use. In recent decades, extremist Salafi jihadist groups have used beheading as a method of killing captives and terror tactic.

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