By Hassan Mujahid
A society cannot truly be regarded as an Islamic society unless it implements the Sharia and turns to it in every sphere of life. It is neither reasonable nor permissible to accept from the Holy Qur’an the verse that proclaims the obligation of fasting, “Fasting has been prescribed for you,” while ignoring the verse that establishes the obligation of qisas, “Retaliation (qisas) has been prescribed for you.” Likewise, one cannot imagine a situation in which the verses commanding prayer are observed while the verses prohibiting usury are ignored.
The Qur’an was not revealed merely to be recited over the dead or used as an ornament adorning mosques. Allah the Almighty addresses His Messenger (PBUH), saying: “Indeed, We have revealed to you, [O Muhammad], the Book in truth so you may judge between the people by that which Allah has shown you.” [al-Nisa: 105]
Allah Almighty also says, in His address to Dawud, peace be upon him: “O David, We have made you a successor upon the earth, so judge between the people in truth.” This is a divine command to all rulers that they must judge according to the law revealed by the Lord of all creation and must not turn away from it. [Tafsir Ibn Kathir 12/86]
Muslims are required to judge by the command of Allah rather than by man-made laws that render lawful what Allah has prohibited and prohibit what He has permitted. The Islamic Sharia does not accept being divided into parts, with certain rulings implemented and others discarded, even if the neglected portion appears small. Once any part is abandoned, the door to abandoning major commandments later becomes wide open. This is why Allah rebuked the Children of Israel for their selective obedience, saying: “Do you believe in part of the Scripture and disbelieve in part? Those who do so will face disgrace in this world, and on the Day of Resurrection they will be returned to the severest punishment.” [al-Baqarah: 85]
Ibn Kathir, may Allah have mercy on him, stated that whoever rules by laws other than what Allah Almighty revealed to His Messenger (PBUH), by resorting to abrogated or invented codes, falls into disbelief. How then could it be permissible to judge by the Yāsā, giving it preference over the Sharia? [al-Bidayah wa’l-Nihayah 13/139]
The Yāsā to which he refers was the first codified man-made law created in opposition to Sharia by the Tatar ruler Genghis Khan and imposed upon the people by force. Muslims must therefore address every matter of life by the divine law. Allah Almighty commands His Messenger (PBUH) in Surah al-Maidah: “Judge between them by what Allah has revealed, and do not follow their desires.”
After closely studying Islam, Western powers introduced secular systems to Muslim lands as replacements for the Sharia. To enforce these systems, they installed puppet rulers and political agents across many Muslim countries, undermining people’s confidence in their own sacred laws and steering them toward man-made law. Whenever a Sharia punishment is implemented in any Muslim land, Western media immediately launches a campaign of outrage, labeling the enforcement of hudud as a violation of human rights.
Islam is a religion founded upon justice. It establishes a system of laws through which society may flourish in security, stability, and dignity. When Muslims uphold Islamic ethics and respect the rights of others, social harmony prevails. When they transgress the limits set by Allah Almighty, commit immoral acts, or harm the lives and property of others, Sharia prescribes appropriate punishments to protect the community and restore justice.
Islam is not, as some Orientalists allege, a religion preoccupied with punishments. It is a comprehensive system encompassing belief, worship, social dealings, morality, and rights. Ibn al-Qayyim, may Allah have mercy on him, explains that implementing Sharia punishments is an act of worship comparable to striving in the path of Allah. These punishments are a mercy from Allah to His servants, and rulers are required to enforce them with firmness and sincerity. Their purpose is not vengeance but reform. Just as a father disciplines his child for the child’s own benefit, or a doctor administers unpleasant treatment for the sake of healing, the hudud, when applied with the intention of reform, become a means by which Allah softens hearts and guides people to what is right. [al-Siyasah al-Shar’iyyah: 125]
Wisdoms Behind Implementing Sharia Punishments
1. Reforming the offender
When a criminal receives the prescribed punishment, he refrains from repeating wrongdoing. Some individuals are not moved by sermons nor frightened by warnings of divine punishment. For such people, legal penalty is the only effective means of correction. Umar and Uthman, may Allah be pleased with them, said that Allah reforms certain people not through the Qur’an but through the justice of the ruler.
2. Benefit to society
When a punishment is carried out publicly, others are reminded of the consequences of wrongdoing and refrain from committing similar acts. In this way, society is protected from widespread harm.
3. Influence on non-Muslims
The hudud demonstrate the fairness and clarity of Islamic justice. In the early centuries, many non-Muslims embraced Islam after witnessing these punishments and the wisdom behind them. Today, as corruption spreads widely in Western societies with minimal accountability, witnessing the justice of the Sharia may again reveal to them the truth and balance of Islam.
4. Protecting the earth from corruption
When immoral acts increase and no one prevents them, corruption prevails in society. Allah warns: “Do not spread corruption on the earth after it has been set aright.” [al-A’raf: 56]
5. Benefit for animals and the natural world
The hudūd are not only a mercy for human beings but also for animals and the wider environment. ‘Ikrimah, may Allah be pleased with him, said that during times of drought, the animals remark that rain has been withheld due to the sins of humans. The Prophet Muhammad (PBUH) said: “The enforcement of one hadd on earth is better than forty days of rainfall.” [Nasa’i, Ibn Majah]
At present, Afghanistan is the only country in the world where Sharia-based hudud are implemented under an Islamic system. This is a matter for reflection and gratitude, for it demonstrates a commitment to divine law at a time when many nations have abandoned it.