Blindspot!
From Issue: 785 [Read full issue]
Reform
Having prescribed punishments and imposed strict and meticulous, though not impossible, conditions of evidence, Islam has built in a whole range of principles and precepts which reflect not a frenzied desire to flog and stone but a compassionate urge to avoid and eschew. Islam does not allow either the state or individuals to spy upon people unless well-founded suspicion exists that a crime is being committed or a fellow human being's rights or interests are in jeopardy. Nor is it obligatory to report every crime. Where possible, settlements outside court are preferred. The punishment is swiftly over; the guilty man and his family do not have to live with the kind of lengthy public stigma that they would have had to endure in the case of a prison sentence at the end of a trial. The imposition of divinely prescribed hudud enhance, and do not diminish, the individual’s dignity and stature in society and before God.
As to the alleged cruelty of physical penalties, one wonders if to deprive a man of his freedom - his most precious and valuable possession - and his right to act and continue to make moral choices, to live with his family, to work and support them is not more cruel. Indeed, a prison term can inflict untold misery on innocent people whose lives are intertwined with the life of the prisoner. Prison becomes a school for hardening criminal behavior and a breeding ground for recidivism. Why should it be considered more cruel for a man found drug trafficking to be given ten lashes than to be sent to languish in prison for, say, ten years.
Why does Islam want to punish and not reform? The question is fallacious, for in Islam every institution of society is value oriented and owes a responsibility towards the moral development of every person from the cradle to the grave. Reform is therefore a pre-crime responsibility and not a post-crime syndrome and nightmare. Islam makes every effort to ensure that inducement to commit crime is minimal. Once the crime is committed, the best place for reform is in the family and in society, where a criminal is to live after punishment, and not in a prison where every inmate is a criminal; unless of course a society considers itself to be more corrupt and less competent to effect reform than a jail! Against this, the ‘modern, enlightened’ approach is to provide every inducement to crime by building a society based on conspicuous consumption; to make society, education and every other institution ‘value – free’ and then to try to reform a criminal by segregating him and keeping him in a prison.
Compiled From:
"Shariah - The Way to Justice" - Khurram Murad