|
8523514
@EB is SPLOOJEES 852-3514
P.1
Of
9@ 537 LENASIA 4M
REPUSUC OF SWH AFRICA
19 (01 11 862-2618 FAX: (01 4)
852-3514
AFFILIAT@S
16 Feh!,kl-%r:l 1995
CAPE
PEOVINCE.. H -Daily
0 BIYA
COLLEGE
11
PETOWN IN THE NAME OP ALLAH,
TRE.MOST MERCIFUL, THE MOST KIND
ATTENTION - MR L
MEYER
NATAL PAX NO . (021)
403-22(14
AS-SALA INA
EDUCA'rl )NAL
INSTITUTE
BR@EMAP VALIDITY OF CAPITAL
P'UWISIIMENT
I
LOCKHA'
ISLAMIA
COLLEGE
DUI36AN The injustice of the
Apartheid Era unsharnedly took sic e of even the most respected of
systems
SIRAATU - HAC 9
ISLAMIC our Legal Systern and
through this Penal System
A SCHOOL
ESTCOuvi extended it's vicious
tentacles'whereby rqueezing the oppressed even further. Therefore, for those
who speak of civil liberties
and argue that th inequality in dealing with
capital punishment has prejudiced the disadvantaged people, cannot be ignored
for the
harm is beyond repair nor can the, memory be obliterated or the
loss recon-
TRMSI ciled.
ght to life and the
viola-
A A D@'IL4E I$LAMIC SCHQQL On the question of the
ri
AZAAD)'ILLE tion of constitutional rights seems on for
thousands are murdered annually and we
JOHANI ESEIURG MUSLIM
$CHOOL argue about the rightful punishment of the
MAY5A
R criminal! We however concede that historically the courts were biased and
fallible.
LENAS: MUSLIM SCHOOL
LENAS Let us begin by removing those
cobwebs and.
emotional academic arguments about constitutional
NURUL
SLAM GIRLS S@001
LENAS@,, rights. Crime is n~ed as , an
individual
welety. Therefore, crime
and punishment is
closely knitted with the nation's
PRETOF IA MUSLIM SCHOOL
LAUDI upholding
of the individual-community relationship.
ROSHNIE ISLAMIC
SCHOOL
ROSHN:E
PAGE Two/............
~KG IN "
PAIN OF A~
The deciding factor whether a criminal should be punished
or not is determined by the extent of his/her responsibility for the offences
committed. The Mwbrn law or the Penology is based on a social principle since
the State is responsible 1. its subjects.
@Therefore Crime goes beyond
being an offence to an individual or the community 'belshe lives in, but that it
is a violation of the
sacred laws of The Almighty. In this respect ; Islam has
a unique.theory which combines the beat of both worlds
the State " well as
the individual. By in Ow cmtent
to @w~ as ~Ppent to Um coromimion of ~ crime. Islam
imposes
preventive , ' , emits that has always been the bane to
outside critics, but
anything viewed superficially added to improper
consideration and fann@ed. by historical prejudices will make Muslim law look
barbaric.
The chief mover on justice is the person,who sits to meet out
that justice. Islamls chief concern is that the Judge must never compromise
his
seat, to that extent, that should his belly ache while deliberating on a case,
he must remove himself, lest his heads is influenced
by his belly. On the
carrying out of the laws of the Almighty, the courts are compelled to ascertain
that the, crime committed was not MMiab@ or tMt the Mm~ was
not ac~ under any obliigation.
,The thiefls hand.must be cut,
but such punishment is never inflicted where U~ t the doubt that the
thief was i to crime cW of M~. The lictum hasal*ays been that
Avoid the e:xectffion of ent by d~.
,slamic concept on
crime and punishment is superceded by the instances to
me "det) from
circumstances that may lead to crime. Thus after taking such Precaution, Islam
prescribes a preventive and just punishment which
may be nflicted upon those
persons who have no reasonable justification for their crimes ,... death
p~ty for mur&r and m- . Am~tion of head for
the Peft@ .... sto~ adult," and h~ed h~ for tonlication md
death for
~-.Y . Again the punishments are awarded
under very strict conditions ;7d benefits ot doubt always goes in favour of the
accused. The copus
of the Islamic Law is vast and,for this exercise we must
contend that the state must @r"te a (3od@fearing society, free from crimes
and
must take lessons from the ?Peventive Ordinance of Islam.
,awng for the
Abolition of the Death Penalty on whatever grounds derails the )asic concept@ of
the sacredness of life. @t if auy one:,~ a ,t be for mw~ or.for q~dbg
mi~,ef in @'~, it W~ be as if. he he wide and if anyom saved a
Nfe, it w"d be as if h-e saved the
Ufe
the
w" Quran 5:32,,
gam allows
the act of charity to extend and offers the relatives of the slain o exercise
their right to grant pardon to,the murderer
and settle for blood-money 'he
accused is then subjected to some punihment imposed by the judge.
#
society cannot treat the cancer that is eating away its life support by merely
*eating one Urnb: or "band-aid" some bruise. It
must work on every aspect of
existence. @ She must feed, clothe and provide heat and shelter to its subjects.
must have: dedicated
and God-fearing people at its helm and morality and
ecency,:, must prevail. It cannot feed its masses through revenue earned in
casinos (P state lotteries that has deprived some soW, It cannot. provide homes
through 1 rofiteeping in alcohol, and taxing shebeens,
It cannot defend the
rights of those i rtio take life and stil sleep at peace by denying life
to the living foetus.
I'e need to look, deep iii6iide. and admlt th ' at
the trakenstein inside us is a laughing t @pocrite that,. has made morality and
comm.Qln sense redundant to our modern c ilture. God help us. We are our own
destructors .......
|
