Overview
Execution in Islam traditionally involves specific methods and legal protocols. This article delves into the modes of execution, the role of the executioner (jallād), and the legal framework within Islamic jurisprudence, while also considering differing scholarly views.
Etymology
- Execution (Arabic: تنفيذ الحكم، الإعدام)
- Executioner (Arabic: جَلَّاد, Turkish: cellât)
Methods of Execution
Traditional Method
The common method of execution in Islamic tradition involves:
- Executioner (jallād): The executioner seizes the condemned person’s right hand.
- Decapitation: Using a sharp sword or axe, the executioner aims a blow at the back of the neck to detach the head in a single stroke.
This method was historically practiced, and sometimes still is, in Muslim-majority states, including parts of India.
Legal Framework
Role of Qāẓī
- Qāẓī (قاضي): A judge in Islamic law who has the authority to sentence individuals for various crimes.
- Sentencing Authority: If a Qāẓī sentences someone to be stoned, to have their hand cut off, or to be executed, it is lawful for the instructed person to carry out the sentence.
Scholarly Opinions
Abū Ḥanīfah’s View
- Hand Amputation: According to the prominent Islamic scholar Abū Ḥanīfah, if the Qāẓī orders the executioner to cut off the right hand and the executioner mistakenly cuts off the left, the executioner is not deemed liable for punishment.
Diverging Opinions
- Other Scholars: Some Islamic scholars disagree with Abū Ḥanīfah, holding the executioner accountable for such errors, reflecting the diversity of legal interpretations within Islamic jurisprudence.
Historical Context
Execution methods and legal practices have evolved and varied across different Islamic societies and historical periods. The adherence to specific methods and the interpretative flexibility of Islamic law highlight the complexity within Islamic jurisprudence.
Suggested Books for Further Studies
- “Punishment in Islamic Law: A Comparative Study” by Mohammad Hashim Kamali
- “Shari’a: Theory, Practice, Transformations” by Wael B. Hallaq
- “Islamic Criminal Law: Oxford Bibliographies Online Research Guide”
Takeaways
- Execution in Islam adheres to a distinct legal and procedural framework, involving specific roles and methods.
- There is scholarly diversity in how these laws and methods are interpreted and implemented.
- Historical practices offer insights into the complexities of Islamic jurisprudence and the varying applications of law across different regions and periods.
Conclusion
Understanding the nuances of execution in Islamic law requires a detailed exploration of traditional methods, the legal authority of the Qāẓī, and scholarly interpretations. This knowledge reflects the broader complexities of Islamic jurisprudence and the ways in which it has been historically practiced and continues to evolve.
