ISLAMIC PERSPECTIVES:
The Actual Punishment
The majority of scholars throughout history have said that the punishment for someone who commits adultery is death, but there is a very minority opinion that says their punishment is to be lashed, and that the government then has the option of capital punishment on top of the lashing.
There has been disagreement historically about the punishment of a life for a life. What if a slave kills a free person, what if a non-Muslim kills a Muslim, or vice versa in either case? The opinion that I believe is stronger, which I rarely say, is what is more applicable to our modern society, is that everyone is the same. Anyone that takes someone else’s life away, regardless of their social, religious, political status is eligible to receive the capital punishment. This punishment and whether it is to be carried out is in the hands of the family of the victim, whether they agree to the capital punishment or choose to forgive the offender.
The third case is where the person leaves Islam and the community. This ruling requires an entire political and religious system based on Islam. Not only do they leave their religion, but they are calling against the religion and fighting against the community. Some scholars say regardless of whether they turn against the community or not, once they leave the religion, they should receive capital punishment. Other scholars in history and modern time say it’s not applicable to someone that only leaves Islam but if they leave Islam and commit treason then they are eligible for the death penalty.
At the end of the day, these are all possibilities and the government chooses what laws it implements. Just because it’s a possibility, doesn’t mean it will be chosen. So governance and political theory get very complicated.
Overall, someone else’s life and blood are very important and cannot be touched without textual support and government-based action. On top of that there are also strict ways to establish guilt in these cases. When it comes to confessing, some scholars say it’s actually better not to confess and to keep one’s sins secret. Rather, they should make sincere repentance to Allah and move on.
May Allah (swt) give us an understanding and forgive us for our sins and shortcomings
