The gift of free will and choice is the greatest honor bestowed upon humans in this world. However, when misused, it inevitably leads to corruption on Earth. This corruption was first manifested through Cain (Qābil), the son of Adam (PBUH), emphasizing the need for measures to safeguard humanity from its own evils and destructive tendencies.
The primary objective in such matters is the eradication of evil and corruption, which must always remain the focus. However, those who have accepted God’s guidance and believed in His Messengers are not to be treated as ordinary criminals. The Qurʾān makes it clear that if such individuals commit grave of-fenses against life, property, or societal order, it is God’s decree that they be punished in this world. This punishment serves as a warning to others, reminding them of the punishment of the Hereafter through the demonstration of divine retribution in this life. Moreover, for the offenders themselves, this punishment can serve as a means of purification from their sins if they sincerely choose the path of repentance and reform.
The punishments in such cases have always been severe, serv-ing a dual purpose: to eliminate the crime and to subject the culprits to divine retribution while deterring others. These in-dividuals had knowingly submitted themselves to God and His Messengers, pledged their allegiance to Him, embraced His re-ligion, and yet committed offenses of such gravity that their guilt was ultimately exposed, leading the matter to the courts.
These crimes include:
1. Insurrection and spreading corruption on Earth
2. Homicide and assault
3. Adultery and fornication
4. False Accusation of Adultery
5. Theft.
The punishments for only these crimes are explicitly speci-fied in Sharia. For their lesser forms and other crimes beyond these, God has entrusted the matter to the decision-makers of the Muslim community, empowering them to establish appropriate laws and penalties through mutual consultation.
However, it is firmly established that, according to the Qurʾān, the death penalty can only be administered for two offenses: Murder and Spreading corruption on earth (Fasād fī al-arḍ). Moreover, the responsibility to enforce these punishments is entrusted to the entire Muslim community—not to individu-als—and is carried out through their collective legal and judicial system.
Here we will clarify these punishments:
Insurrection and Corruption on Earth
If the Messenger of God is present in the world and individu- als rebel against any of his orders or decisions under his gover- nance, such rebellion is regarded as defiance against God and His Messenger (Muḥāraba). This defiance is also classified as causing corruption on Earth (fasād fī al-arḍ), particularly when an individual or group challenges the law by engaging in acts that threaten lives, property, honor, and the collective will of the people.
Therefore, when murder takes the form of terrorism, forni-cation becomes rape and theft assumes the shape of robbery or, pursuing debauchery as a profession, openly indulging in libertine behavior, engaging in hooliganism, sexual deviance threatening the honor of respectable individuals, rebelling against the state’s authority, or committing serious crimes such as kidnapping, sabo-tage, intimidation, and other activities that undermine peace and security are classified as acts of corruption on earth.
The perpetrators will be deemed criminals of causing corrup-tion on Earth.
Four punishments have been prescribed for their suppression:
1. Execution in a manner that serves as a deterrent.
2. Crucifixion in a deterrent-inducing manner.
3. Amputation of limbs from opposite sides.
4. Exile from the land.
Regarding these punishments, certain points have been men-tioned as guidelines and conditions:
1. The Qurʾān has given the government the authority to decide which of these punishments is appropriate based on the nature of the crime, the circumstances of the criminal, and the current and expected consequences of the crime. Among these severe punishments, the inclusion of exile as a punishment allows for leniency if circumstances call for it.
2. If the crime is committed by a gang or criminal group, the punishment will apply to all its members rather than only to the individual who carried out a specific act. Therefore, if such a group engages in acts of corruption on Earth—such as murder, rape, kidnapping, sabotage, intimidation, or similar offenses—it is not necessary to identify precisely which individuals committed each act. Every member of the gang will share responsibility for the crime and will be held accountable accordingly.
3. No sympathy should be harbored for such criminals when administering their punishments. Their Creator, the Lord of all, has decreed that they deserve complete disgrace in this world as a consequence of their heinous crimes. This fundamental purpose of these punishments must always be upheld and remembered.
4. If such criminals voluntarily surrender before any govern-ment action is initiated against them, they will be treated as ordinary offenders rather than as those accused of rebellion or corruption on Earth.
Retaliation for Homicide and Assault
Retribution (Qiṣāṣ) is a divine obligation placed upon the collec-tive Muslim community by God Almighty. It serves as a means to preserve life within society and is a divine law from which only those who act unjustly deviate. It is, therefore, the duty of the government to identify and apprehend murderers within its jurisdiction and to implement Qiṣāṣ in accordance with the prescribed law.
In enforcing retribution, equality must be upheld: if the of-fender is a slave, the retaliation must also involve the same slave; if the offender is a free person, then the same free person shall be subject to punishment. A person’s societal or social status should not influence this matter at all. If the victims or the heirs of the murdered or injured decide not to seek life for life, limb for limb, wound for wound, and are willing to show leniency towards the criminal, the court may impose a lesser punishment considering the nature of the crime and the circumstances of the criminal. This is a concession and favor from God to the people. If the victims adopt this, their forgiveness will serve as an expiation for their sins before God Almighty.
In such cases, blood money (Diya) must be paid by the of-fender. God Almighty has commanded that this compensation be determined and distributed in accordance with the community’s customs, ensuring utmost fairness.
If the death is accidental and the victim is a Muslim citizen of the offender’s country or a member of a treaty nation, the offender is obligated to pay blood money in accordance with societal laws, unless forgiveness is granted. Additionally, as an act of atonement and repentance before God, the offender must free a Muslim slave. However, if the victim is a Muslim from an enemy nation, the offender is not obligated to pay blood money. In such cases, freeing a Muslim slave alone suffices as expiation for the sin. If a slave is unavailable in either scenario, the offender must instead fast for two consecutive months as a means of repentance and purification.
Adultery
For those found guilty of adultery, whether male or female, the prescribed punishment is one hundred lashes if the crime is con-clusively proven. This punishment is to be carried out in the presence of a group of Muslims, serving both as a public disgrace for the offender and as a deterrent to others. The Qurʾān explicitly commands that no government or court of believers should show leniency in enforcing this penalty.
Following this punishment, it is prohibited for any chaste man or woman to marry the adulterer or adulteress, as this has been explicitly forbidden by God Almighty.
This is the maximum punishment for this crime and is re-served exclusively for those who have committed it in its most complete and final form, and who, based on their circumstances, are not deemed deserving of leniency. Consequently, individuals who are unable to endure the punishment due to physical or men-tal incapacity, those coerced into committing the crime, or those lacking the environment, circumstances, or protective measures necessary to avoid such actions are exempt from this penalty.
False Accusation of Adultery There are two possible scenarios:
1. One is when a person accuses an honorable and virtuous woman or man of adultery.
2. The second is when such a situation arises between a hus- band and wife.
In the first case, the person must present four eyewitnesses under all circumstances. If he fails to do so, he will be deemed guilty of false accusation, the punishment for which is that he will be flogged with eighty lashes, and his testimony will not be accepted in any matter henceforth. The Qurʾān declares that those who commit this crime will be regarded as transgressors in the sight of God Almighty, unless they sincerely repent for their actions and amend their future behavior.
In the second scenario, if no testimony is available, the matter will be resolved through oaths. The husband must swear by God four times that his accusation is truthful, and on the fifth oath, he must invoke God’s curse upon himself if he is lying. If the wife does not defend herself with a similar oath, she will face the prescribed punishment for adultery according to Sharia.
However, if the wife denies the accusations, she can exonerate herself by swearing by God four times that her husband is lying, and on the fifth oath, invoking the wrath of God upon herself if he is truthful.
The same procedure applies if a wife accuses her husband of adultery.
Theft
The punishment for theft is the amputation of the hand. Regardless of whether the thief is a man or a woman, if the crime is conclusively proven, the offender’s right hand will be ampu-tated from the wrist as a penalty. Similar to the punishment for adultery, this is the maximum penalty for this crime and is only administered when the offender, based on the nature of the crime and their circumstances, is deemed ineligible for any leniency.