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Unlock This CourseCapital Punishment: Arguments For and Against explained that capital punishment (also called the death penalty) is the legal killing of a person who has been found guilty of a very serious crime. Its purposes are retribution (making the wrongdoer pay), deterrence (putting others off) and protecting society. The last lesson, Muslim Attitudes to Punishment and Its Aims, showed that Muslims see punishment as part of justice, balanced by mercy. Now we look at the hardest case of all.
Muslims do not all agree about the death penalty. Some support it in certain cases. Others hold that it should be avoided or not used today. Both groups work from the same sources: the Qur'an and the hadith.
Key terms:
This hadith, also recorded by al-Bukhari, says that the life of a Muslim may be taken only in three cases: a life for a life, adultery by a married person, and leaving the faith and the community. It is the hadith the spec names. Many Muslims use it to show that Islam allows the death penalty in some cases.
This verse teaches that people must not take a life, which Allah has made sacred, except by right. Life is sacred, so killing is forbidden unless there is a just reason. The verse also speaks of the right of the victim's family and says they must not go too far. Both sides use this verse: it forbids killing, yet admits there can be a right.
Muslims today differ on how the hadith applies. Many scholars point to Qur'an 2:256, which says there is 'no compulsion in religion'. They say this means a person cannot be killed simply for changing their belief. They also stress that Islamic law demands very strict conditions of proof, so a punishment can be given only when guilt is fully proved. Some scholars take the third case to mean a person who turns against the community and harms it, not someone who only holds a different belief. This lesson describes these views and takes no side.
Qur'an 2:178 teaches that in cases of killing, the victim's family has a right. They may ask for qisas, or they may pardon the killer or accept diyah. The verse calls this a mercy from Allah. So the court does not simply carry out a sentence: the family can choose forgiveness.
Atheists do not believe in God, so they have no holy text to follow. They judge capital punishment by reasons that anyone can weigh up, such as fairness, safety and human rights. Humanists, who believe that people can live good lives using reason and compassion, are generally against the death penalty. Their main reasons are:
Some atheists do support it for the worst crimes, because they see it as just or as protecting the public. So there is no single atheist view.
(a) Identify three reasons why some people support capital punishment. [3 marks]
(b) Choose one religion. Outline two reasons why some people in this religion do not support capital punishment. [4 marks]
(c) Choose one religion. Explain why some people in this religion support capital punishment. [6 marks]
(d) 'Capital punishment can never be justified.' Evaluate this statement, showing you have considered different points of view. In your answer you should refer to at least one religion. [12 marks]
(a) 1. Retribution: the killer is made to pay (1). 2. Deterrence: it may put others off (1). 3. Protection: the offender can never harm anyone again (1).
(b) Islam: Many Muslims prefer pardon, because Qur'an 2:178 calls the family's pardon a mercy from Allah (1), so the killer may be forgiven or the family can accept diyah instead (1). Some Muslims also fear mistakes, because a court may convict the wrong person (1), and a death sentence cannot be undone (1).
(c) Islam: Some Muslims support the death penalty because Sahih Muslim 16:4152 says a Muslim's life may be taken for a life (1). This means that, for them, the penalty is set by the hadith, so they follow it (1). Qur'an 17:33 forbids killing except 'by right' (1), and they say a punishment given by a proper court is such a right (1). They believe justice needs a penalty that matches the harm of murder (1). They may also argue that it deters killers, protecting other lives that Allah has made sacred (1).
(d) Plan. For: a sacred life destroyed needs a serious answer; some Muslims cite Sahih Muslim 16:4152 and Qur'an 17:33; deterrence and protection. Against: Qur'an 2:178 and the family's pardon; Qur'an 2:256 and strict proof; risk of error and loss of the chance to repent (tawbah); Humanists say every life has a right to be protected. Weigh: the word 'never' is very strong, since some Muslims and some atheists accept it in extreme cases. Possible conclusion: the statement goes too far, but the risk of error and the preference for mercy make the death penalty very hard to justify in practice, so it needs the strictest limits.
In (d), name a teaching (such as Qur'an 2:178 or Sahih Muslim 16:4152), give a Humanist or other view as a contrast, and finish with a conclusion that picks a side and gives the deciding reason.