Treatment of Criminals and the Death Penalty

Justice held with mercy

How should a criminal be treated, and is the death penalty ever right? These are hard questions, and Muslims do not all answer them the same way. Islam teaches justice, but also that Allah is the Most Merciful. This module looks at how criminals should be treated fairly, and at the very different views Muslims and non-religious people hold about the death penalty.

The key ideas

Four ideas shape this topic in Islam:

Match each idea

Treating the accused

According to Islamic teaching, how should someone accused of a crime be treated?

• Given a fair trial and treated with dignity
• Punished at once without any trial
• Tortured to force a confession
• Ignored and left without any hearing

The death penalty: two sides

Muslims disagree about capital punishment. Both sides use serious reasons.

Reasons against

Select the TWO reasons someone might give AGAINST the death penalty.

• An innocent person could be wrongly executed
• It removes any chance for the offender to reform
• It gives a sense of justice for the victim
• It may deter others from serious crime

The place of mercy

A central Muslim belief is that Allah is the Most Merciful, and that forgiveness is highly valued (see Surah 64:14). This is why, even where retribution (qisas) might be allowed, the victim's family are encouraged to forgive and accept compensation (diya) instead. Many Muslims also apply situation ethics, weighing the circumstances of each case rather than following one fixed rule.

A just response to crime

Put these stages of a fair, Islamic response to crime in a sensible order.

• A crime is committed
• The accused is given a fair trial
• If guilty, a just and proportionate punishment is decided
• The offender is given the chance to repent through tawbah
• Where possible, harm is repaired and the offender helped back into society

Crime and mercy in words

Islam teaches that even someone accused of a crime should be given a _____ trial and treated with human _____. A criminal who is truly sorry can make _____, turning back to Allah. Muslims disagree about the _____: some accept it for the most serious crimes, while others believe _____ and forgiveness are the better path.

Fair or unfair?

Islam teaches that criminals should be treated justly. Tap the TWO examples of FAIR, humane treatment.

• Giving the accused a fair trial
• Torturing a suspect to force a confession
• Treating prisoners with dignity and human rights
• Punishing someone with no evidence at all
• Refusing any chance to repent

A non-religious view

Many Humanists, who are non-religious, oppose the death penalty. Which reason best fits their view?

• It is inhumane and, if a mistake is made, cannot be reversed
• It should be used for every kind of crime
• It brings the criminal closer to God
• It is required by all religions

Weighing the views

Use what you know to answer each question about Muslim teaching on crime and punishment.

• Before someone is found guilty, how does Islam say they should be treated?
• A grieving family choose to forgive the offender and accept compensation instead of demanding equal retribution. What is this compensation called?
• Muslims disagree about the death penalty. Which view leans most on Allah being the Most Merciful?

Evaluate the statement

"Muslims should never support the death penalty." Evaluate this statement. Give arguments for and against, referring to Muslim and non-religious views, and reach a justified conclusion. Write in clear, full sentences.

• Give one argument a Muslim might use to support the death penalty
• Give one argument a Muslim might use against it, such as mercy or the risk of error
• Include a non-religious view, such as a Humanist one
• Reach a conclusion, showing that Muslims themselves disagree