The Islamic criminal justice system is often reduced to sensationalized images of harsh punishments, but a deeper examination reveals a comprehensive, balanced system that has proven remarkably effective at reducing crime and protecting society. In this episode of “Contemporary Issues,” Sheikh Bilal Philips compares the Islamic approach to criminal justice with the Western penal system and examines the real-world results of each.
The Failure of the Western Penal System
Western penology was built on three goals: retribution, deterrence, and reformation. Yet by the mid-20th century, Western criminologists themselves began dismantling these principles. Retribution was deemed impermissible, capital punishment was abolished in many countries, and convicted murderers were being released after serving as little as six months. The result was predictable — many went on to commit further murders. Today, Western penologists openly admit that the penal system has failed at reforming criminals and instead serves as a training ground for more sophisticated crime.
“The petty criminal who enters the system spends time with well-trained, hardened criminals and comes out prepared for major crime. The society ends up paying for their crimes by providing them housing, food, clothing, and shelter.”
How Islamic Law Approaches Criminal Justice
- Hudud (Fixed punishments): Prescribed by Allah for specific offenses including theft, armed robbery, and illicit sexual acts — these serve as powerful deterrents
- Qisas (Retaliatory justice): For murder and injury, the victim’s family has the right to decide between equivalent punishment, financial compensation (diyah), or complete pardon
- Ta’zir (Discretionary punishments): For offenses without fixed penalties, judges apply appropriate consequences based on the severity of the crime
- When Saudi Arabia reintroduced hudud punishments in the late 1920s, crime rates dropped dramatically — and remain a fraction of those in comparable Western cities
- When Sudan introduced Shariah in the 1980s, crime decreased by over 40% within just six months, even after 13,000 prisoners were released
“Compare 8 million people in Saudi Arabia with 8 million people in New York City. The number of murderers executed in Saudi Arabia in a year is equivalent to those murdered in New York City in a single week.”
Justice for the Victims, Not Just the Criminals
Perhaps the most compelling distinction is that Islamic law prioritizes the rights of victims and their families. In cases of murder, it is the bereaved family — not the state — that decides whether the offender faces execution, pays compensation, or receives a full pardon. This deeply human approach ensures that justice is served while preserving the possibility of mercy, all within a framework that has demonstrably produced safer and more just societies wherever it has been faithfully applied.
