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Controversial miscellaneous issues related to Islam
Equality of treatment in Criminal Procedure
Muslims and non-Muslims are treated as equal before the law. Islamic Jurisprudence lies between the two extremes of an eye for an eye and the turning of the left cheek when the right is slapped. Forgiveness is exercised if it mends the matter and punishment is exercised when necessary. The general rule is: “It is better to acquit through mistake ten guilty persons than to convict an innocent man." The general rule that applies here is that A non-Muslim, like the Muslim, is believed to be innocent unless proven guilty. We present here a summary of Islamic verdicts regarding two of the most common, serious crimes that any society faces:
1-Murder
It is one of the main objectives of Shariah to preserve human soul, and that is why retaliation has been stipulated for those who kill others undeservingly.
Death is the verdict for intentional murder in Islam. There is one specialty in the Islamic jurisprudence here which is that the heirs of the murdered may take sufficient indemnity or blood-money and remit the death penalty of the murdered. As for unintentional murder there is no capital punishment only blood wit. If there is doubt in finding the real culprit, blood money may be ordered to be paid from the state. As for non-Muslims, the same rules apply to them.
The Prophet, peace and blessings be upon him, said:" Their property is like pour property and their blood is like our blood". The fourth righteous Caliph, Ali Ibn Abi Talib, may Allah be pleased with him said: “The blood of the Dhimmi is like the blood of a Muslim, his goods and chattels are like those of Muslims".
Our Noble Prophet, peace and blessings be upon him, ordered the retaliation in the day Khaybar and a Muslim was put to death for killing a non-Muslim. In the time of Umar Ibn abd El-Aziz wrote to one of his governors in the case of a Muslim who had killed a non-Muslim Dhimmi that the killer must be handed over to his guardian. If he wished to kill him, he might, if he wished to forgive him, it was up to him. According to this instruction, he was handed over to his guardian who killed him.
Our Noble Prophet, peace and blessings be upon him, said: “Whosoever killed a Dhimmi, he will not even smell the fragrance of paradise although its fragrance will be smelt from the distance of forty years’ journey"
2-Theft
If a Muslim steals the property of a non-Muslim, the hadd punishment will be applicable to him and his hand will be cut off after due process of law.
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