|
|
|
It
is the prophecy of Muhammad (Sallallahu alaihi wasallam)
that increasing of murders to the extent the murderer
will not know why he murdered and the slain will not
know why he was slain, is one of the signs of nearing
of the doomsday. The murders that occur every minute
every nook and cranny make us wonder if the doomsday
is round the corner. It was only a few days after
the brutality that the learned High Court Judge Sarath
Ambepitiya fell prey to the underworld elements, that
the newspapers, on 24.11.2004, reported another heartbreaking
killing of two infants by their own beloved father.
On this very day i.e. 24.11.2004, a particular Tamil
daily had reported a news that the Human Rights Commission
was up in arms over the President’s decision to reintroduce
the capital punishment in the wake of the assassination
of Late Sarath Ambepitiya. This is the translation
of a particular line of the news item:
“Reimplementation
of the capital punishment is against the human rights
and human right laws.”
This
was, according to the paper that reported the news,
the opinion of Mr. T.M.I. Sriwardana, the Secretary
to the Human Rights Commission, who shows the black
flag to the reintroduction of the death penalty. It,
really, puzzles me that which human right, according
to Mr. Sriwardana, will be violated once the capital
punishment is reintroduced. Is it that a man must
have the right to kill a fellow human being, he likes?
In another paragraph of the said news item, it is
s aid that “In order to control the homicides, law
and security have to be tighten ed.”
This leads us to further ambiguity. W hich law does
Mr. Sriwardana propose to be tightened in the absence
of the capital punishment? Let us, for argument’s
sake, agree with Mr. Sriwardana in his proposal to
tighten the security in order to mitigate the murder
crimes. If so, who and how could provide protection
that could have saved the life of the infants who
were butchered by their own father?
It is true that crimes cannot be done away with
completely. However, it has been proved in the Muslim
nations that they can be mitigated by implementing
the Qur’anic laws thoroughly.
Fornication, theft, robbery, burglary, homicide,
consumption of alcohol, etc., in the perspective
of Islam, are grave sins and Islam has severe punishments
in its penal code fo r perpetrators of such offences.
Its punishment for homicide is, indeed, unique.
The Holy Qur’an says:
“O
you who believe! Qisaas (Even retaliation in offences
of murder or grievous hurts) has been prescribed for
you in the case of murdered people; the freeman for
the freeman, the slave for the slave and the female
for the female. However, if one is somewhat forgiven
by his brother, the recourse (of the latter) is to
pursue the former (for blood money) with fairness
and the obligation (of the former) is to pay (it)
to the latter in a nice way. That is a relief from
your Lord and a mercy. So, whoever transgresses after
that will have a painful punishment. There is life
for you in Qisaas, O people of understanding! So that
you may refrain (from killing).” (Chapter : 02 – Verses
: 178 - 179)
This should not be interpreted as the killer should
be murdered in the way he murdered his fellow human
being nor the murderer should, necessarily, be killed
for the crime he committed. What is expected here
is that the heirs of the slain have the right to have
the killer sentenced to death by the court and punished
accordingly and it should be limited to the one who
committed the crime.
It is noteworthy that humanity is pointed out in the
above verses. The heir of the murdered, who has the
full right to take revenge on the killer, is shown
as a brother not a foe of the murderer. Causes for
slaying vary. It may be a pre-planned one. It may
be caused by sudden anger. It may occur by accident.
Therefore, Islam shows Muslims that the culprit could
be pardoned subject to the recovery of an appropriate
compensation.
Only the death penalty could be the remedy for the
nasty mysterious killings that we, Sri Lankans, experience
in our day-to-day life. The elements that threaten
the tranquil life of the people ought to be weeded
out. Imposing of the capital punishment will, undoubtedly,
ensure the safety of the people and safeguard the
human rights. That is why the Holy Qur’an says: “There
is life for you in Qisaas (even retaliation in offences
of murder or grievous hurts).”
The Muslim world sticks to the Islamic law undermining
the harsh criticism of the rest of the world that
divine punishments such as cutting off head and hand
and stoning to death are barbaric. Punishing the culprits
in public is a clear warning to others that they,
too, will happen to receive such treatment if they
were to do wrong things. Putting the perpetrators
behind bars for years after sentencing them to death
and allowing them to breathe the air of independence
again by freeing them before they complete their prescribed
jail term, to mark any special occasion, by the decree
of the head of state will not, in any way, help to
eradicate felonies.
Crimes are very less in countries where the Islamic
penal code is in force, in comparison with other countries.
It is my concrete belief and humble suggestion that
if our blessed motherland and all other countries,
really, want the life of the people to be saved, then
they should adopt the Islamic mode of punishment.
Otherwise, the law of the jungle will last forever
and the whole nation will turn to be a Wild West.
Ash-Shaikh
H. Abdul Nazar
General Secretary, All Ceylon Jamiyyathul Ulama
05.12.2004
|
|
|
|
