Punishments were legislated in the Islamic Sharia in order to guard the laws Allah revealed to regulate the human’s lives.
Ιn order to ensure that those laws are applied and respected by people, there should be a law that organizes disciplinary and punitive sanctions to whoever disobeys those laws, therefore, Allah has legislated the Hudūd (punishments), that is the Penal Code, since the Islamic Sharia did not state any punishment, but to protect a right.
Non-Muslims are often confused between the definition of Hudūd (punishments) and the Islamic Sharia itself, thinking that the Islamic Sharia is only about punishments and disciplinary and punitive sanctions, such as cutting the hand of a burglar, killing a murderer, etc.
This conception is false, as the Hudūd (sanctions) are imposed only against those who violate the laws of the Islamic Sharia in order to protect them and guarantee that they are not being violated.
In addition, applying the sanctions on the violators will protect people’s lives, money, honor and minds, and will also guarantee the protection of the human entity, similar to the outer wall that protects the city (which is the Islamic Sharia) from the bandits that want to break in and assault the safe residents in it.
Allah Almighty has spoken the truth:
وَلَكُمْ فِي الْقِصَاصِ حَيَاةٌ يَا أُولِي الْأَلْبَابِ لَعَلَّكُمْ تَتَّقُونَ “.
سورة البقرة الآية 179.
“And there is (a saving of) life for you in Al-Qisâs (the Law of Equality in punishment), O men of understanding, that you may become pious.” (Al-Bâqarah 2:179)
Note that the punishments are not something new in the Islamic Sharia, but Allah the Almighty ordered them in all the divine Sharias, as when Allah ordered the imposition of punishments in the Torah He revealed to Moses, peace be upon him.
Allah the Almighty said:
:” إِنَّا أَنْزَلْنَا التَّوْرَاةَ فِيْهَا هُدًى وَنُوْرٌ يَحْكُمُ بِهَا
النَّبِيُّوْنَ الَّذِيْنَ أَسْلَمُوْا لِلَّذِيْنَ هَادُوْا
“Verily, We did send down the Taurât (Torah) [to Mûsâ (Moses)], therein was guidance and light, by which the Prophets, who submitted themselves to Allâh’s Will, judged between the Jews.
وَالرَّبَّانِيُّوْنَ وَالأَحْبَارُ بِمَا اسْتُحْفِظُوْا مِنْ كِتَابِ اللهِ وَكَانُوْا عَلَيْهِ شُهَدَاءَ
And the rabbis and the priests [too judged between the Jews by the Taurât (Torah) after those Prophets], for to them was entrusted the protection of Allâh’s Book, and they were witnesses thereto.
فَلاَ تَخْشَوُا النَّاسَ وَاخْشَوْنِ وَلاَ تَشْتَرُوْا بِآيَاتِيْ ثَمَنًا قَلِيْلاً
Therefore, fear not men but fear Me (O Jews) and sell not My Verses for a miserable price.
وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللهُ فَأُولَئِكَ هُمُ الْكَافِرُوْنَ.
And whosoever does not judge by what Allâh has revealed, such are the Kâfirûn (i.e. disbelievers – of a lesser degree as they do not act on Allâh’s Laws). *
وكتبنا عليهم فيها أن النفس بالنفس والعين بالعين
والأنف بالأنف والأذن بالأذن والسن بالسن
And We ordained therein for them: “Life for life, eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds equal for equal.”
والجروح قصاص فمن تصدق به فهو كفارة له
ومن لم يحكم بما انزل الله فأولئك هم الظالمون “
(سورة المائدة أية 44-45)
But if anyone remits the retaliation by way of charity, it shall be for him an expiation. And whosoever does not judge by that which Allâh has revealed, such are the Zâlimûn (polytheists and wrong-doers – of a lesser degree).” (Al-Mâ’idah 5:44-45)
Allah also ordered the imposition of punishments in the Bible revealed to Jesus, peace be upon him.
Allah the Almighty said:
وقفينا على آثرهم بعيسى ابن مريم مصدقاً لما بين يديه
من التوراة وآتينه الإنجيل فيه هدى ونور ومصدقاً لما بين يديه
من التوراة وهدى وموعظة للمتقين. *
“And in their footsteps, We sent ‘Îsâ (Jesus), son of Maryam (Mary), confirming the Taurât (Torah) that had come before him, and We gave him the Injeel (Gospel), in which was guidance and light and confirmation of the Taurât (Torah) that had come before it, a guidance and an admonition for the pious. *
وَلْيَحْكُمْ أَهْلُ الْإِنجِيلِ بِمَا أَنزَلَ اللَّهُ فِيهِ ۚ
وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللَّهُ فَأُولَٰئِكَ هُمُ الْفَاسِقُونَ”
سورة المائدة الآية 46 – 47.
Let the people of the Injeel (Gospel) judge by what Allâh has revealed therein. And whosoever does not judge by what Allâh has revealed (then) such (people) are the Fâsiqûn [disobedient to Allâh].” (Al- Mâ’idah 5:46)