There are only five prescribed punishments that were specifically ordained by the Prophet Muhammad ﷺ. Contrary to widespread myth, in a typical book of traditional Islamic law, which often spans a dozen volumes, and is essentially a collection of stated or extrapolated prophetic directives, the penal code (hudūd) chapter constitutes about 2% of the book. Furthermore, examining that 2% reveals why these five penalties are rarely implemented in Muslim societies that implement Shariah (Islamic Law), and why they only work well within a holistic system that fosters the values these penalties aim to protect. However, even these five penalties have a legislative brilliance to them. Why did the Prophet ﷺ prescribe punishments for theft and fornication, but not for eating pork, gambling, and usury? This seems to imply that the penal code is not simply about God avenging Himself against those who trespass His bounds. Indeed, it is more about protecting the individual and society from their own vices. Theft and fornication offer an immediate gain or pleasure, a strong driving force that some cannot resist without the fear of punishment being significant enough to inhibit that greed or lust. On the other hand, although interest-bearing transactions are more condemnable in Islam than theft or fornication, there is no prescribed punishment for them. This is no inconsistency, but rather an ingenious nuance: a recognition of the fact that interest is a crime that slowly undermines society as a whole, as opposed to theft which people commit compulsively because it offers instant riches.

The Message of Prophet Muhammad ﷺ

Yaqeen Newsletter

Connect with Us

Connect with Us