Crime and Punishment in Islam

In the aforementioned principles, Islamic Law and contemporary law coincide, though Islamic Law has the distinction of being first. However, the Islamic penal system also has unique virtues and distinguishing features, among the most important of which are the following:

1. The inner deterrent of man’s moral conscience is fully integrated with external supervision. This is due to the fact that Islamic Law, when dealing with social problems such as crime, does not rely merely on legislation and external deterrents. It focuses more on the internal deterrent, placing the greatest emphasis on man’s moral conscience. It endeavors to develop this conscience within a person from childhood so that he can be brought up with the noblest moral character.

It promises success and salvation for those who work righteousness and warns wrongdoers of an evil fate. In this way, it stirs up emotions, making a criminal renounce his ways by inspiring him with faith in God, hope for divine mercy, fear of divine punishment, adherence to moral virtues, love for others, and a desire to do good to others and refrain from causing injury and harm.

2. It has a balanced outlook with respect to the relationship between the individual and society. This becomes clear from the fact that while the Divine Law protects society by legislating punishments and preventative measures against crimes, it does not marginalize the individual for the sake of society. On the contrary, its priority is the protection of the individual, his freedom, and his rights. It provides every safeguard to leave no excuse for a person to have to resort to crime. It does not set out to punish without first preparing for the individual a situation conducive to a virtuous and happy life.
Forms of Punishment in Islam

Islamic Law, in confronting the problems of life and setting down solutions for them, is established on two complimentary principles. These are: the stability and permanence of its basic tenets on the one hand and the dynamism of its subsidiary injunctions on the other.

For the unchanging aspects of life, Islamic Law brings fixed statutes. For the dynamic aspects of life that are affected by social development, broadening horizons, and advances in knowledge, Islamic Law comes with general principles and universal rules capable of being applied in a number of different ways and in a variety of circumstances.

When we apply these principles to the penal system, we find that Islamic Law has come with clear texts prescribing fixed punishments for those crimes that no society is free of, crimes that do not vary in their forms because they are connected with the constant and unchanging factors of human nature.

Islamic Law confronts other crimes by stating the general principle that decisively indicates their prohibition, leaving the punishment to be decided by the proper political authority in society. The political authority can then take the particular circumstances of the criminal into consideration and determine the most effective way to protect society from harm. In accordance with this principle, punishments in Islamic Law are of three types:

1. Prescribed punishments

2. Retribution

3. Discretionary punishments

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Seven Earth

The Sunnah of Prophet Muhammad is the second revealed source of Islam. Like the Quran, it contains scientific information unavailable 1400 years ago. From these miracles is the “seven” earths, mentioned by the Prophet in several of his sayings. From them are the following two:
Hadith 1

It was narrated on the authority of Abu Salamah that a dispute arose between him and some other people (about a piece of land). When he told Aisha (the Prophet’s wife) about it, she said, ‘O Abu Salamah! Avoid taking the land unjustly, for the Prophet said:

“Whoever usurps even one span of land of somebody, its depth through the seven earths will be collared to his neck.” (Saheeh Al-Bukhari, ‘Book of Oppression.’)
Hadith 2

Salim narrated on the authority of his father that the Prophet said:

“Whoever takes a piece of land of others unjustly, he will sink down the seven earths on the Day of Resurrection.” (Saheeh Al-Bukhari, ‘Book of Oppression.’)

The aforementioned hadith prohibits oppression in general, especially the taking of a piece of land belonging to others unjustly. What are the seven earths they refer to?

Studies in geology have proven that the earth is composed of seven zones, identified from the inner to the outer layers as follows:

(1) The Solid Inner Core of Earth: 1.7% of the Earth’s mass; depth of 5,150 - 6,370 kilometers (3,219 - 3,981 miles)

The inner core is solid and unattached to the mantle, suspended in the molten outer core. It is believed to have solidified as a result of pressure-freezing which occurs to most liquids when temperature decreases or pressure increases.

(2) The Liquid Outer core: 30.8% of Earth’s mass; depth of 2,890 - 5,150 kilometers (1,806 - 3,219 miles)

The outer core is a hot, electrically conducting liquid within which convective motion occurs. This conductive layer combines with Earth’s rotation to create a dynamo effect that maintains a system of electrical currents known as the Earth’s magnetic field. It is also responsible for the subtle jerking of Earth’s rotation. This layer is not as dense as pure molten iron, which indicates the presence of lighter elements. Scientists suspect that about 10% of the layer is composed of sulfur and/or oxygen because these elements are abundant in the cosmos and dissolve readily in molten iron.

(3) The “D” Layer: 3% of Earth’s mass; depth of 2,700 - 2,890 kilometers (1,688 - 1,806 miles)

This layer is 200 to 300 kilometers (125 to 188 miles) thick and represents about 4% of the mantle-crust mass. Although it is often identified as part of the lower mantle, seismic discontinuities suggest the “D” layer might differ chemically from the lower mantle lying above it. Scientists theorize that the material either dissolved in the core, or was able to sink through the mantle but not into the core because of its density.

(4) Lower Mantle: 49.2% of Earth’s mass; depth of 650 - 2,890 kilometers (406 -1,806 miles)

The lower mantle contains 72.9% of the mantle-crust mass and is probably composed mainly of silicon, magnesium, and oxygen. It probably also contains some iron, calcium, and aluminum. Scientists make these deductions by assuming the Earth has a similar abundance and proportion of cosmic elements as found in the Sun and primitive meteorites.

(5) Middle Mantle (Transition region): 7.5% of Earth’s mass; depth of 400 - 650 kilometers (250-406 miles)

The transition region or mesosphere (for middle mantle), sometimes called the fertile layer, contains 11.1% of the mantle-crust mass and is the source of basaltic magmas. It also contains calcium, aluminum, and garnet, which is a complex aluminum-bearing silicate mineral. This layer is dense when cold because of the garnet. It is buoyant when hot because these minerals melt easily to form basalt which can then rise through the upper layers as magma.

(6) Upper Mantle: 10.3% of Earth’s mass; depth of 10 - 400 kilometers (6 - 250 miles)

The upper mantle contains 15.3% of the mantle-crust mass. Fragments have been excavated for our observation by eroded mountain belts and volcanic eruptions. Olivine (Mg,Fe)2SiO4 and pyroxene (Mg,Fe)SiO3 have been the primary minerals found in this way. These and other minerals are refractory and crystalline at high temperatures; therefore, most settle out of rising magma, either forming new material or never leaving the mantle. Part of the upper mantle called the asthenosphere might be partially molten.

(7) Lithosphere

Oceanic crust: 0.099% of Earth’s mass; depth of 0-10 kilometers (0 - 6 miles)

The rigid, outermost layer of the Earth comprising the crust and upper mantle is called the lithosphere. The oceanic crust contains 0.147% of the mantle-crust mass. The majority of the Earth’s crust was made through volcanic activity. The oceanic ridge system, a 40,000-kilometer (25,000 mile) network of volcanoes, generates new oceanic crust at the rate of 17 km3 per year, covering the ocean floor with basalt. Hawaii and Iceland are two examples of the accumulation of basalt piles.

The layers of the earth coincide with the above mentioned hadith of the Prophet. The miracle is in two matters:

(1) The expression of the hadith, ‘He will sink down the seven earths on the Day of Resurrection,’ indicates the stratification of these “earths” around one center.

(2) The accuracy with which the Prophet of Islam referred to the seven inner layers of earth.

The only way for a desert dweller to have known these facts 1400 years ago is through revelation from God.

References

Beatty, J. K. and A. Chaikin, eds. The New Solar System. Massachusetts: Sky Publishing, 3rd Edition, 1990.

Press, Frank and Raymond Siever. Earth. New York: W. H. Freeman and Company, 1986.

Seeds, Michael A. Horizons. Belmont, California: Wadsworth, 1995.

El-Najjar, Zaghloul. Treasures In The Sunnah: A Scientific Approach: Cairo, Al-Falah Foundation, 2004.

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