11.islamic Perspective of Deviance and Crime

Islamic perspective of deviance and crime
Islam is seen by many scholars as a religion that consists of a set of political, economic, legal, and social
doctrines that affect every facet of the social life of believers. Quranic teachings promote an ascetic
ethic of self-control that bears on virtually all aspects of everyday activity. For Muslims, faith has not
merely been a matter of private life and a personal relation with God. It has had pervasive social
consequences. Thus it may be argued that Islam develops a strong sense of moral community, where
religion is an influential social force generating social sanctions and that this contributes to a low crime
rate. Further, within Islam a detailed penal law has been elaborated in which severe punishments have
been prescribed for many serious criminal acts. Accordingly it has been suggested that the severity of
punishments in Islamic penal law accounts for the low crime rate in Islamic countries.
Causes of low crime rate in Muslim countries
In general, the low crime rate of the Islamic countries can be attributed to several socio-cultural
characteristics of these societies.
Firstly, Islamic countries have been culturally, to a great extent, homogeneous; in most Islamic countries
(particularly Middle Eastern countries) a majority of populations enjoy a remarkable religious and often
racial uniformity. Existing ethnic differences are mainly overshadowed by religious harmony, which is a
strong basis for national unity. Even in many huge modern cities (mainly the capital cities), religious,
racial, and ethnic distinctions, although generally present, are not particularly noticeable.
Secondly, in Islamic countries a cohesive family network has been largely preserved. Even in modern
cities, the family network is still impressively effective. It fulfils a considerable role in the process of
socialization and provides social support and security for its members. Thus, even those who live in big
cities do not find themselves alone among the masses, because family and communal relations are
active and strong.
Thirdly, in the religious world-view of the peoples of Islamic countries there is more emphasis on the
duties of individuals than on their rights. Individuals’ interests are regarded as subordinate to social and
group interests. Consequently, family, community, and even state interventions in some individuals’
private affairs are tolerated and justified for the sake of their social benefits.
Finally, and perhaps as a result of the previous factors, public opinion in Islamic countries is less tolerant
of criminal behavior and more favor-able towards severe punishments than in other nations.
Concept of “sin” and “crime” in Islam
From the characteristic religious point of view of a Muslim, all actions are subsumed into five categories,
ranging from obligatory to forbidden, with three intermediate categories. Committing forbidden actions
and omitting obligatory actions are considered sins that will in principle receive their punishment in the
hereafter. However, some sins are regarded as crimes that are punishable by the temporal authorities as
well. Thus crimes are seen by Muslims as a sub-category of sin, the prevention of which is part of the
religious duty of every believer. Because of this, those who commit a crime will be under great informal
social pressure from family and members of the community to repent and to compensate for their
wrongdoing. However, it is the criminal act, not the criminal himself or herself, that is most rigorously
condemned.
Islamic penal code
1. Hadd
Hadd, which literally means limitation or prohibition, refers to punishments laid down in the Koran for
unlawful intercourse, false accusation of unlawful intercourse, drinking wine, theft, and highway
robbery. Hadd punishments are considered as the right or claim of God. Thus, they are fixed, and after
conviction no pardon or amicable settlement is possible. The punishment of these crimes is also very
strict.
2. Qisas
Qisas (retaliation) applies to offences like murder and bodily assault. Since qisas is considered to be the
right of the people, the decision to prosecute and punish the offender is the right of the injured party or
his or her family. For intentional homicide, they can demand the death penalty, or material
compensation, or can completely forgive the offender. Thus, retaliation (the death penalty in the case of
murder) depends entirely on the victim or his or her family. Given that people are normally influenced
by public opinion, the likelihood of qisas penalties being applied may vary. Moreover, the Quranic verse
on qisas strongly recommends forgiveness and material compensation.
3. Tazir
The third category of crime is punishable by tazir. The term legally refers to a penalty that is not fixed
because it is not cited in the sacred texts (the Koran or the tradition of the Prophet). In fact, tazir is
applicable to all crimes that are outside the realm of hadd and qisas crimes. Tazir is the dynamic part of
Islamic penal law, under which Islamic scholar-jurists discussed a variety of offences that could appear at
different times and in different societies.
Ethical and legal code is same in every Muslim country
Religion is evidently a prominent sociological phenomenon in the lives of Muslims; in that it not only
provides cultural norms and values but also effectively defines certain basic universal permitted (ja’iz)
and prohibited (haram) behavior. Whilst the construction and interpretation of whether certain
behavior is deviant or criminal is dependent upon contextual, historical and political variables, the
comparative study reveals that particular behavior by Muslims is universally considered to be deviant.
Fornication and adultery (zina) are two examples of behavior understood to be deviant in both Karachi
and Lancashire (a city in England). The assessment of whether certain behavior is `legally or morally
wrong' is distinguished from why individual Muslims may breach that `legal or moral wrong'. That is to
say, although individual Muslims may commit fornication, it was universally understood to be `legally
and morally wrong' for Muslims.
A reason for such universal comprehension of permitted and non- permitted human behavior stems
from the singularity of the Qur'an. The Quran in Karachi is the same as in Lancashire or anywhere else in
the world for that matter; therefore where behavior such as fornication, murder and blasphemy are
concerned there is a universally understood perception of it being `legally or morally wrong'. Since the
prime sources of law for the vast majority of the ummah are the same (namely the Quran and hadith)
there is indeed a common understanding by Muslims of what is criminal and deviant, haram or halal.

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11.islamic Perspective of Deviance and Crime

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Islamic perspective of deviance and crime

Causes of low crime rate in Muslim countries

Concept of “sin” and “crime” in Islam

Islamic penal code

Ethical and legal code is same in every Muslim country

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