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An act against the law - standishchs.wigan.sch.uk · Hadd: offences are serious crimes with set...

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1. Crime An act against the law

2. Judgement The act of judging people and their actions

3. Justice The due allocation of reward and punishment and the maintenance of what is right

4. Law Rules made by parliament and enforceable by the courts

5. Capital Punishment The death penalty for a crime or offence

6. Deterrence The idea that punishments should be so severe that it ‘deters’ people from committing crimes again

7. Rehabilitation Restore to normal life

8. Reform The idea that punishments should change criminals so they don’t commit crimes again

9. Retribution The idea that punishment should make criminals pay for what they have done wrong

10. Sin An act against God

11. Fitrah Natural instinct to know the difference between good and evil

12. Hadd Serious crimes with set penalties (such as amputation for theft)

13. Tazir Crimes for which a judge decides the punishment

14. Forgiveness The action of forgiving someone for their actions

15. Compassion The feeling of sympathy and concern for other people’s suffering

16. Restorative Justice Justice that focuses on the rehabilitation of offenders through reconciliation with the victim and the

wider community

17. Apostasy The abandonment of your religious or political beliefs

Islam teaches its followers to not only be just but to be just in the face of conflict. Muslims are taught that justice is always the right thing to do. This can be seen in many actions that Muslims perform, such as the Pillar of Zakah (donating 2.5% of their residual wealth to charity) and during the festivals of Id-ul-Adha and Id-ul-Fitr when the animal is sacrificed and the meat is shared with the poor showing fair treatment of all.Why is justice important for Muslims?• Muslims believe that Allah is the sole

creator of the universe and created all humans to be equal.

• Muslims believe that Allah is just. They believe that he will treat everyone with justice and fairness and Muslims too should act this way.

• The Qur’an teaches the importance of justice and how Allah intended for justice in society.

The importance of justice for the victim • It seems right by both religious and non-

religious people that when someone has done something wrong they need to be punished for it.

• The victim, the person who has been most affected, but families and friends can also be affected.

• It is vitally important for victims to feel that their pain is recognised and to know the person who has caused it is punished. If the victim is killed then friends and family are going to want to receive justice for them.

Non-religious attitudesJustice is not simply a religious idea and it is promoted by all in society. Atheists may feel that justice is important as it equates to fair treatment and demonstrates equality is society. Humanists also believe that justice underpins many of the ideas of equality.

In response to this Muslims recognise that although they share beliefs about the importance of justice, they believe it is important because of Allah and what he wants for society.

Poverty Politics RacismUnemployment can lead to poverty, lead to homelessness and a lack of basic necessities. This can then lead to some people committing crimes to survive.

Some people, who are part of apolitical organisation, which may take advantage of others. This may then lead some people to commit crimes in order to cope with their situation.

Discriminating against people because of their nationality, accent or the colour of their skin. Racism has contributed to unrest in parts of the world and racism is now a crime in the UK,

Drugs Upbringing Low self-esteemPeople who are addicted to drugs can often turn to crime to find money so that they can pay for their drugs.

How you are brought up can be a reason why you might turn to crime. Many things can happen in the family or at home and lead people to turn to crime.

If someone has a lack of understanding of their worth it may make them turn to crime to make them feel better in the short term. If they are failing in areas such as school, family or home life they may be searching for something to help.

Muslim teachings on crime▪ Believe that being involved in crime

distracts them from what is important in life, worshipping Allah.

▪ They want to follow the example of Muhammad

▪ They believe their actions will help determine their afterlife

▪ Tackling the causes of crime may prevent others from getting into situations.

▪ They are taught that all humans were created by Allah as equals and therefore deserve equal treatment.

Muslim Chaplains’ AssociationMosaic is a mentoring organisation founded by HRH The Prince of Wales in 2007. Its aim is to try and work to help all young people realise their potential and through its ex-offender programme,➢ Mentor them whilst in education to raise

their aspirations and encourage them to fully engage in education.

➢ Help those in prison who are Muslims to mentor offenders before they are released back into society.

➢ Help provide opportunities and openings

Islamic beliefsGood is seen to be things that have a positive outcome or that helped others and evil is often understood to be things that are not good or things that hurt others. Muslims believe that suffering has a purpose in life and that their teachings on good and evil lead those who follow them to be rewarded in the next life.

Islamic teachings about good and evilEveryone is born with FITRAH, THE NATURAL INSTINCT TO KNOW THE DIFFERENCE BETWEEN GOOD AND EVIL. Muslims believe Allah gave humans free will.• Allah ordered the Malaikah (angels) to

bow down before Adam, the first human. Iblis, one of the angels refused and said that he would forever tempt humans to choose wrong rather than right.

• Life on earth is a period of testing where temptation is put in people’s way.

• Allah will forgive anyone who sincerely repents since he is merciful.

• Everyone should try to follow the ideas of justice, mercy and forgiveness in their treatment of others.

Nature of good and evil actionsMuslims accept that behaving in a good way and following the duties of Allah will allow him to see that they are trying to live their lives according to Islam as they can be rewarded in the afterlife. Anyone who turns away from Allah or his messages will be punished in the afterlife.Many Muslims believe that this life on earth is temporary and is a preparation for Akhirah. (Life after death) They believe on the day of judgement, Allah will judge them on the way they have behaved and they will either go to al-Jannah or they will be sent to hell or Jahannam.

Non-religious attitudes towards sufferingMany atheists see the existence of evil and suffering in the world as evidence that there is no God. Muslims would consider that it is up to each individual to overcome such doubt and maintain their faith even when they are challenged.Humanists do not believe that evil and suffering are a punishment due to any divine power. They do not believe in an afterlife and therefore don’t believe in judgement or God. Instead they accept that humans make their own choices and must take responsibility for their actions. Islamic beliefs about suffering Muslim beliefs about why humans suffer all relate in some form to the idea that part of being a Muslim is to submit to Allah and put faith in him. This means not challenging his authority or questioning why things such as evil and suffering happen. Some Islamic explanations for suffering differ, though different Muslims will consider some of these more important than others.Allah has a plan and suffering is part of this planOne of the Six Key Beliefs for Muslims is al-Qadr or predestination. They believe that nothing happens without Allah allowing it, so their understanding of suffering is that it must be part of Allah’s plan. Part of being a Muslim is submitting to Allah and accepting that there are some things about his plan and suffering that humans cannot understand.

Suffering is a reminder of sin and the revelation of AllahSome Muslims believe that humans suffer on Earth because they deserve to as a result of sin. They have ignored the message of Allah and have become pre-occupied with their own selfish wants. They do accept that some forms of evil are not the result of Allah and some actions are caused by humans. This form of suffering is often difficult to understand as it is not the victims fault.

Shari’ah law divides offences into two general categories:1.Hadd: offences are serious crimes with set penalties. This includes crimes such as theft, where the set punishment is the amputation of the offenders hand and adultery where the penalty is death by stoning.2.Tazir: offences are crimes for which the judge can decide what the punishment should be.Why is punishment important to Muslims?There is a lot of evidence in the Qur’an to show that punishment is a key idea supported in Islam. •They believe that Allah intended humans to build a society on Earth where every person lives in peace, justice and equality.•Muslims believe that punishment creates a more stable society and prevents further crime.•Offenders need to be given the opportunity to change their behaviour and therefore punishment will allow them to do this.•The Qur’an teaches that punishment is important in Islam as it makes some amends for the crime committed.•Muslims appear to follow some principles of situation ethics and will take into account the reason behind the crime such as being forced

Why is punishment needed in society?It maintains law and order and protects the people living in a country. They believe that Allah wants a just society.• It sets expected examples of behaviour

and allows people to live their lives within these limits.

• Gives offenders and opportunity to reflect on their actions and Muslims believe in reconciliation and giving offenders a chance to rehabilitate.

• Allows the victims of crime to feel safe and may deter others.

• Makes the offenders realise their impact on the lives of others. Muslims believe how they live their lives on Earth will determine their afterlife.

Aim of punishment Strengths WeaknessesProtection • Victims feel safe from criminals

• Other people in society are safe from becoming victims

• Protection is only relevant whilst the offender is in prison

• Sometimes prison sentences are lenient

Retribution • The victim feels a sense of justice• The offender is made to pay which could be

enough for them to change their ways

• Doesn’t always work and sometimes victims feel the punishment isn’t enough

• Offenders may commit the same crime so the punishment has little effect

Deterrence • The punishment is hopefully enough to prevent others committing the same crime

• Doesn’t always work as nearly half of all criminals will re-offend.

Reformation • Gives the offender an opportunity to change• Can involve skills development or training,

which means they have more of an opportunity in the future

• Can seem like the criminal is getting a fresh chance rather than a punishment

• People could feel like the offender has benefitted rather than being punished. Victims could feel like they have not had justice.

Muslim attitudes❖ They believe that the aims of

punishment are important although they may disagree on which ones are more important.

❖ Qur’anic passages show that there is evidence for ideas of punishment for protecting society, a deterrent for others, reformation of the offender and retribution for the victim.

❖ Muslims accept the law of the country and believe it should be followed by all citizens.

❖ Muslims also believe that judgement is important and suitable punishments should be given out.

Qur’anic teachings about punishment➢ Muslims believe it is important that society is protected

from dangerous offenders. ➢ Muslims believe retribution for crimes is important

because this means the offender is made to pay for their crime.

➢ The Qur’an teaches that punishment is important in Islam as it is recompense for the crime committed. They also believe that Allah sees everything and therefore knows when a person has done wrong.

➢ Deterrence is a key aim of punishment seen within Islam. Shar’iah punishments focus on public and often humiliating displays of punishment.

➢ Muslims believe that offenders need to be given the opportunity to change their behaviour and reform

themselves.

Muslim teachings about forgiveness❖ Islam teaches that Allah is merciful and

forgiving. One name given to Allah is ‘the compassionate’.

❖ Muslims believe that if a person is truly sorry and repents for what they have done wrong then forgiveness should be shown.

❖ Muhammad taught that people should try and forgive others.

❖ Islam is a religion of peace and submission to Allah.

❖ There are examples in the Qur’an where it says that a life can be taken for a life, supporting of capital punishment. However, it does also say that the victim’s family can spare their life.

❖ There are some examples in Islam that display forgiveness. Hajj is one of these as during Hajj, Muslims ask for forgiveness from Allah.

❖ Muslims believe that on the day of Judgement they will stand before Allah

Community responses and restorative justiceIn order for an offender to realise the impact of their actions on others, it is important for forgiveness to happen. Some criminals who have spent a short time in prison or those who are not seen as dangerous may complete a period of community service.It is essential to allow everyone involved to be able to move on with their lives. If the action committed by the offender was against the community then reconciling with the community can help to ease tensions. The community may feel like they have had justice if they can see the offender paying for their crime and the offender may be able to see the positive impact they could have on the community or society.

Restorative justice- is a recognised system now used with offenders to help them understand the impact their actions have had on victims, their families and the community. The offender and victim of the crime can often speak and share their thoughts and this will hopefully reconcile and relationships can be restored.

Many Muslims do support severe punishments, such as caning and capital punishment. They believe it has a role and purpose in terms of preventing further crimes.

Use of tortureTorture is when a person is threatened and severely hurt in order to extract information, or it is to punish someone or to get revenge.Although there are examples in the Qur’an of Muslims supporting torture, the majority of Muslims today would suggest it is not right. They believe that everyone was created by Allah and therefore deserves respect. In the times of Muhammad, there are suggestions that torture was sanctioned for the purposes of interrogation. Because Muslims do agree with situation ethics, it may seem that torture is the best course of action as it ensures that other people are saved or that human life is prioritised. Trial by jury

Muslims believe in justice and equality. However, it is a jury of the accused peers that will listen to the evidence and come to a verdict. This means that the decision should be less biased as it is a group of people and a fair trial is upheld. Muslims support this idea as they believe it shows that justice is done. In the cases of Shar’iah law, Muslims might feel that a trial is not needed if it is clear that a crime has been committed.

Human rightsMuslim principles are seen to favour human rights and when it comes to the treatment of prisoners. It is important that a person accused of a crime gets a fair trial. Some Muslims will accept that if a person has committed a crime then they should expect to be punished. This may lead to a situation where rights are taken away and although they recognise that life is special, accept that a person needs to be punished.Leading on from the idea that Muslims believe that prisoners should have rights, is the right to a fair trial. This is important as it means that a person is viewed as innocent until proven guilty. Islam teaches that justice is important for both the victim and the person accused of committing the crime.Atheist and Humanist attitudes towards the treatment of criminalsAtheists and Humanists are united in their views that human rights important. For example Humanists teach that you should ‘treat others as you would want to be treated’ and this is a key principle seen in many religions including Islam.They also advocate that prisoners should be treated fairly. Decisions that need to be made on punishments are not easy as no two cases are the same. Muslims will look to the Qur’an or examples from Muhammad. However, in some instances a person’s individual

The nature and purpose of capital punishment Capital punishment is also known as the death penalty and was abolished in Britain in 1965 for all crimes accept treason and was abolished completely in 1998.Other countries around the world, including some states in America and some Islamic nations in the world such as Iran and Saudi Arabia, will still allow the death penalty. Methods of execution include hanging, lethal injection, the electric chair, beheading and the firing squad.The purposes of capital punishment are:Retribution- If a person has committed a serious crime like murder then a suitable punishment should be for them to lose their life.Repentance- When a person faces the death penalty it means that their life will be taken but it is hoped that they will face up to what they have done and take time to repent before they are killed. Closure for the victim’s family- The use of capital punishment may bring some closure to the victim’s family. It may bring their suffering to an end and hopefully allow them to move forward. Prevention of re offending- It prevents the offender from being released into society and committing the same act again. Deterrent- The use of capital punishment is believed to act as a deterrent for other people who might think of committing a crime. Once they realise the consequence of the crime it is the hope that they would not want to commit the same act again.Muslim beliefs and teachingsIslam, in principle is in favour of the death penalty for some crimes although there are a small number of Muslims who are in favour of abolishing it. This is mainly because the Qur’an indicates that the death penalty can be used for certain crimes such as murder, rape, homosexual acts and apostasy (someone working against Islam) However, the Qur’an also states that the use of capital punishment is not compulsory and not the only option available. Other prominent ideas within Islam are those of forgiveness and peace, which would suggest that capital punishment is wrong.

Why would Muslims support capital punishment?They might support it because:➢ The Qur’an says the death penalty can be used

for some crimes.➢ Shari’ah law agrees with the Qur’an and in

countries where Shari’ah law is used, then the death penalty can be used.

➢ Examples where the death penalty seems to have been commanded for certain actions.

➢ According to the Qur’an, the death penalty can only be used as a last resort and removes the concern of some that innocent people could be put to death.

➢ Muhammad made statements suggesting he agreed with the death penalty. When Muhammad was the ruler of Medina he put people to death for committing murder.

Why do some Muslims not support capital punishment?Some may oppose the death penalty for the following reasons:1. The scholars of Shari’ah law do not agree on the

how and when the death penalty should be used.

2. The Qur’an puts the death penalty forward as one option but Muslims also believe in the sanctity of life, peace and forgiveness which are seen to conflict with the death penalty.

3. Some Muslims may use non-religious arguments and be concerned about putting innocent people to death. Others may feel that by taking the life of another means you are no better than the offender.Non- religious attitudes

Humanists and other atheists generally oppose the use of the death penalty because:• They believe premeditated killing is wrong, even when carried out by the state.• They uphold the regard for human life being special, which is part of the Declaration of Human

Rights.• There is a possibility of error and someone who is innocent may end up being killed.• They think the use of the death penalty means the criminal escapes rather than receiving justice.• They do not refer to any higher power or ‘God’ so believe that there is no afterlife and no form of

judgement. Some may believe that when ethical theories, such as situation ethics are applied to an individual situation that there are times when capital punishment could be seen as the better action. This might be the case if it would stop any further lives being harmed. Some Muslims disagree with capital punishment altogether and others think it may be necessary in particular circumstances.


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