Short Notes on the Essence of Islamic Law from a Critical Example

লিখেছেন লিখেছেন ড: মনজুর আশরাফ ২৮ জানুয়ারি, ২০১৩, ০৮:২৩:২৮ সকাল

By Dr Manzur Ashraf

One question raised from one of my friend:

What should be done with a person who is found guilty of killing many people?

As fair trial is not possible, so nothing should be done against him in this world/Dunya, and leave the whole thing for hereafter/Akhirat?

Shouldn't he be given any punishment by court? What Islam says regarding this?

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If you sanction death penalty to a person who killed hundreds of people, it is not a sufficient punishment to hang the guilty person only once till his death. In this world, no judiciary systems can give him more than one death penalty. Thus, a judiciary system cannot be fair. A fair judgment was informed here- "Those who have disbelieved in Our verses, We shall certainly make them enter a fire. Whenever their skins are burnt out, We shall give them other skins in their place, so that they may taste the punishment. Surely, Allah is All-Mighty, All-Wise." (Nisa: 56).

This is the reason why we need 'Akhiraat' - the judgement day.

The God is a real unjust one if there is no hereafter. (Which proves hereafter if there be a God, since He is the real just one. )

Every atom of good or bad things will be evaluated in hereafter which cannot be evaluated fully in this world.

Since no worldly system keeps provision of hereafter, they do not pose any physical and psychological justice except Islam atleast in this regard.

Now what we can do optimally according to human's maximum capacity with regards to 'justice system', is governed by the Creator as 'Islamic Law'. For example, killing the guilty only once is the maximum capacity of what human can do against the guilty. God does not overburden us by imposing our action beyond our capacity.

The example of either (rule-1) killing or (rule-2) assisting financially the close relatives of the victims based on the concerns of close relatives only (since they are the real sufferers - and God care them mainly in this particular law of killing) are logically the maximum justice that human can attain.

In a nutshell 'Islamic law' (according to human's maximum caliber) plus the essence of hereafter's pay-back defines the complete justice system from the God.

Corollary:

When the criminal Ershad Sikder (who stole property from many people and killed them) was hanged to death, who was the benefited people at the end? Ershad Shikdar’s family was the beneficiary only who got all the property. But the family of the victims didn't get anything – they were not paid back their money. And we clapped eventually without judging anything. No law except Islam in the world could do the proper judge (e.g. by applying (rule-2) mentioned above) in this regard.

Gratitude: Dr Quazi Ehsanul Qabir

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