AboutAhmer Expertise Solutions strictly from the Quran and the authentic Hadiths.
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Experience Preaching Islam since childhood, and further gained commanding knowledge of almost every affairs of the religion though authentic books and attending lectures by notable scholars of Islam
Education/Credentials Bachelors degree in Commerce Diploma in Electronics Engg.
Question I am currently invetsigating the matter of Qisas executions under the
modern state. As we know that during the earlier days of Islam,
executions were immediate, but today after appeals and re-appeals
and various judicial requirements, as well as due to delays in the court
systems, many people sentenced to death under qisas end up staying
in jail for as much as 17 yrs even.
The question is that they were not sentenced for that term in prison,
rather it is an add on punishment. Moreover, the deplorable prison
conditions especially in death rows can constitute cruel and torturous
treatment easily especially if the convicted person was not sentenced
for that term.
The international jurisprudence on the matter has been that if a state
is unable to carry out the execution of a convict even after 5 yrs then
the state can no longer carry out this conviction and the sentence is
converted to life imprisonment instead.
My question is that when one brings into this equation the private right
of Qisas of the victim's family, how would this issue be resolved? At
what point if any is the private right to Qisas waivable in favor of the
fundamental right of the convict against cruel and inhuman treatment
due to bearing jail time he wasn't sentenced for.
Moreover, If a convict is in prison for 15-20 yrs and then executed,
wouldn't it amount to being punished twice for the same crime without
even being sentenced?
So far I'm at a dead end, any guidance in the matter would be greatly
appreciated.
Answer Bismillahir-Rahmanir-Rahim (In the Name of Allah, Most Gracious, Most Merciful)
Assalmalaikum
Dear Sundus,
Nice Question. It is a result of a slow justice system which unfortunately currently exists in Coutries such as Pakistan, Bangladesh. This system is made in such a way as those in charge of law are themselves criminals and if they are jailed for many years get respite from death.
Somehow, innocents also get trapped and bear the brunt of torture which is not lawfull. However let us hope these corrupt lawmakers get some guidance and change it for good.
[Quran 17:33] Nor take life - which Allah (God) has made sacred - except for just cause. And if anyone is slain wrongfully, we have given his heir authority (to demand qisas or to forgive): but let him nor exceed bounds in the matter of taking life; for he is helped (by the Law).
