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Answering Objections to Islam · Ethics, Law & Society

Q 5:33 and Hudud Punishments

In short

The claim being examined

Cutting the hand, stoning and lashing are held up as proof of a barbaric legal system.

The Islamic position

These are maximum penalties, fenced in by standards of proof so high that they were almost never carried out, and the Prophet's (SAW) instruction is to hold them back wherever there is any doubt.

Analysis

Intisar Rabb's Doubt in Islamic Law shows how the doubt rule worked as a constant brake, so these penalties functioned more as a statement of how serious an offence is than as everyday sentencing. Umar's suspension during the famine sets a precedent later jurists took seriously: the penalties assume a fair society where nobody has to steal to eat. And judge it against the alternatives of the same centuries. European law in that period hanged people for petty theft, with no equivalent doubt rule at all.

From the Qur'an

فَمَن تَابَ مِنۢ بَعْدِ ظُلْمِهِۦ وَأَصْلَحَ فَإِنَّ ٱللَّهَ يَتُوبُ عَلَيْهِ ۗ

faman tāba min baʿdi ẓul'mihi wa-aṣlaḥa fa-inna l-laha yatūbu ʿalayhi

Whoever repents after his wrongdoing and reforms — Allah will accept his repentance.

From the Sunnah

Avert the legal penalties from the Muslims as much as you can.

Sources

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