Islam s Normative Discourse on Crime and Punishment
Islam entertains a balanced approach to address crime on moral and legal planes as per requirement of time, space and causality. On legal plane it legislates in light of exigencies of time; on moral plane it sets forth eternal or universal values the society is destined to. So, in fact Islam develops a moral sense in an individual and society against crime not through interdiction and sanction but gradually, gently, exactingly, understandingly, and at deep level. But in an ultimate sense Islam is not oblivious of the forces and dictates of history; it forestalls crime with the force of law. However, the ignored fact is that punishments in Islam are means to an end not end itself.
This paper intends to bring forward that what went wrong with original intent and purposes behind punishments and their implementation that to some modern minds these instead of abolishing or decelerating crimes have become accelerator of the same. This would be based on qualitative research. It would be a survey of historical formulations of the thinkers of Islamic jurisprudence. In this paper philosophy of code Romane, English jurisprudence and other known legal traditions regarding crime and punishment would also be brought forth so that it could be easier to grasp the stand of Islam in this crucial social parlance.