Cancellation of capital punishment from Islamic perspective

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อดิศักดิ์ นุชมี

Abstract

Criminal punishment is deemed essential in justice system as it functions as a tool of prevention and handling crimes against culprits in order to sustain peace and security of people in the community. Similarly to the case of capital punishment that deemed essential and still considerably enforced in judicial system even today, capital punishment is a form of conviction meant to seek retribution against the acts of crimes committed by the criminals which may consequently endanger people in the community at large. Examples of crimes


are intentional murder and genocide. Capital punishment is in conformity with retributive theory. However, due to the fact that it is an act of destroying one’s life, it is, therefore, deemed violent by some people who oppose it while others may find termination of capital punishment unreasonable. According to Islamic criminal jurisprudence, on the other hand, there are 5 types of offences deserving capital punishment: murder, apostasy, fornication and adultery, robbery, and insurrection against one’s state. Islam views these types of offences unbearable for they can shiver and cause negative impacts on the stability and security of the state. God has prescribed sanctions against these criminal forms in the Holy Book of Quran and Sunnah of the prophet, from which the laws have long been regulated over 1,400 years ago. The rules and regulations of capital punishment in Islam remain sacred and unchanged, no matter how far the community has changed or how long time passed by. Nevertheless, capital punishment must be deliberately considered and strictly adhered to judicial system with justice and fairness.  

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