The Death Penalty from the Perspective of Islamic Criminal Law

Abstract

Capital punishment remains one of the most controversial forms of criminal sanction within the perspectives of law, religion, and human rights. In Islamic criminal law, capital punishment has a strong normative foundation derived from the Qur'an, the Sunnah, and the ijtihad of Muslim jurists, although its implementation is subject to stringent evidentiary requirements and the principle of justice. This study aims to analyse the concept and legal basis of capital punishment in Islamic criminal law, identify the categories of offences that may warrant the death penalty, and examine its application in relation to the principles of justice and human rights. The research employs a library research method using a qualitative descriptive approach. Data were collected from the Qur'an, the Sunnah, classical and contemporary fiqh al-jinayah literature, books, and scholarly journal articles, and were analysed using descriptive-analytical and philosophical-juridical approaches. The findings indicate that capital punishment in Islamic criminal law is intended to protect human life (hifz al-nafs), uphold justice, maintain social order, and promote the public interest (maslahah). Its application is strictly limited to specific offences, namely qisas for intentional homicide, hudud offences such as hirabah and zina muhsan according to classical Islamic jurisprudence, and ta'zir in exceptional circumstances based on the discretionary authority of the ruler or judge to safeguard the public interest. The study further demonstrates that Islamic criminal law emphasises forgiveness through the mechanisms of diyat and afw, indicating that capital punishment is not solely retributive in nature. From a human rights perspective, the implementation of capital punishment remains highly contested; however, within Islamic law it is regarded as an instrument for protecting society, provided that it is applied proportionately, selectively, and through a fair judicial process. It can therefore be concluded that capital punishment in Islamic criminal law constitutes an exceptional form of punishment that integrates the values of justice, humanity, and public welfare.