“Rethinking the Death penalty in Muslim Societies: Legal procedures, Faith and Human experience”

Abstract

The death penalty in Muslim societies remains a disputed issue, where opinions diverge  between considering it a divinely mandated form of justice and condemning it as a violation of human dignity. This article explores the balance between justice and the sanctity of human life, addressing common misconceptions about capital punishment in Islam. The study employs a qualitative approach focusing on legal, moral, and social dimensions to understand the role of faith in shaping attitudes toward capital punishment. Reevaluating the death penalty through faith-based ethics offers the possibility of reforms that align Islamic principles with universal human rights, fostering more compassionate models of justice that protect life, uphold dignity, and balance accountability with mercy. Furthermore, the research sheds some light on historical, theological and political considerations that have influenced the application of the modern death penalties in the different Muslim majority states. In that regard, the present study focuses on the evolution of Islamic jurisprudence in the light of the international human rights standards in an attempt to find out the possible areas of intersection between the two. It is also bringing the need of procedural fairness and fair play, integrity of judiciary, and moral duty in capital punishment. In conclusion, in this paper, it is argued that Sharia should be adopted in a moderate way that is humane and ethically sensitive, and yet it should maintain the universal principles of justice and compassion.