Skip to main content

Sharia law and the death penalty: Penal Reform International

This report is designed for non-experts who want to understand more about Sharia law and Islamic jurisprudence as it relates to the death penalty.

Sharia law is used in some countries as a reason to retain capital punishment. However, there are schools of thought among Islamic scholars stating that Sharia law creates stringent conditions for the use of the death penalty and includes various opportunities to avoid or commute punishment, and that Sharia law explicitly encourages alternatives.

The report begins by explaining the primary and secondary sources and schools of Sharia law. It then looks at the categories of penalties in Sharia law (Qisas crimes, Hudud crimes and Ta’zir crimes) and explains what these comprise in relation to the death penalty.

The book quotes sources of Sharia law related to these offences and analyses what this means for the application of the death penalty, including how Sharia law relates to international standards on the application of the death penalty. It ends by looking at ways in which Islamic jurisprudence has changed over the centuries in various aspects of law and punishment.


Sharia law and the death penalty: Would abolition of the death penalty be unfaithful to the message of Islam?

This publication was written by Michael Mumisa (University of Cambridge), drawing on an original draft by Dr. Mohammad Habbash (Director of the Centre for Islamic Studies in Damascus) and with additional input from Taghreed Jaber and Jacqueline Macalesher of Penal Reform International.

This publication has been produced as part of Penal Reform International’s project ‘Progressive abolition of the death penalty and implementation of humane alternative sanctions’.

The death penalty is one of the core issues that Penal Reform International (PRI) has worked on for over two decades, in all parts of the world. During this time, PRI has witnessed the death penalty’s abolition in a majority of the world’s nations, but it continues to be used in most Muslim countries. One of the main reasons for this is the justification that it is permitted by the Quran, the Islamic holy book. As such, most nations that consider Islam to be the state religion permit the use of the death penalty. Our work has led us to find that this punishment is rooted in these countries’ legal and political systems, with the influence of religious traditions indirectly affecting the use of the death penalty. Although capital punishment is still widely supported in Islamic states and nations, there are growing groups of Muslims who support the abolition of the death penalty. This is for many reasons, including different interpretations of Quranic verses that deal with capital punishment, but also concerns that governments may use religion as a cover for other reasons to retain the death penalty: it can eliminate actual and potential enemies to government and disseminates fear in society while also encouraging a superficial sense of security.

In many Islamic countries which continue to carry out executions, the death penalty has become a taboo subject. Governments frequently use Sharia to justify why they retain and apply capital punishment, and this can seem to close discussion on the subject. However, Sharia law is not as immutable on the death penalty as many scholars or states say. Among the misconceptions about Sharia law is the belief that there is a clear and unambiguous statement of what the punishments are for particular offences. In fact, there are several different sources referring to punishments, and different schools of Sharia law give different weight to them. There is a belief that Islamic judges are required to impose a fixed and predetermined punishment for certain offences without discretion or without permitting mitigating evidence to be admitted into court. This is not true. Additionally, there is also the belief that Sharia law is widely used in national legislation and practice in Islamic countries, in the Middle East and North Africa (MENA) region and elsewhere. In fact, most countries in the MENA region maintain a dual system of secular courts and religious courts, in which the religious courts implement various aspects of Sharia law.


Source: Penal Reform International (PRI), July 2015. PRI is a non-profit association, registered in the Netherlands.

Report an error, an omission: deathpenaltynews@gmail.com

Most viewed (Last 7 days)

China executes 11 members of gang who ran billion-dollar criminal empire in Myanmar

China has executed 11 members of the notorious Ming family criminal gang, who ran mafia-like scam centers in Myanmar and killed workers who tried to escape, Chinese state media reported on Thursday.  The Ming family was one of the so-called 4 families of northern Myanmar — crime syndicates accused of running hundreds of compounds dealing in internet fraud, prostitution and drug production, and whose members held prominent positions in the local government and militia aligned with Myanmar’s ruling junta. 

China executes another four members of powerful Myanmar-based crime family

China has executed another four members of a powerful Myanmar-based crime family that oversaw 41 pig butchering scam* compounds across Southeast Asia.   The executed individuals were members of the Bai family, a particularly powerful gang that ruled the Laukkai district and helped transform it into a hub for casinos, trafficking, scam compounds, and prostitution.  China’s Supreme People’s Court approved the executions after 21 members were charged with homicide, kidnapping, extortion, operating a fraudulent casino, organizing illegal border crossings, and forced prostitution. The court said the Bai family made over $4 billion across its enterprise and killed six Chinese citizens.

Florida | Man convicted of leaving girl to be eaten by gators avoids death penalty

After about 4 hours of deliberations, jurors on Friday recommended Harrel Braddy should be sentenced to life in prison for the 1998 killing of 5-year-old Quantisha Maycock.  A South Florida man who dropped off a 5-year-old child in the Everglades to be eaten alive by gators nearly 3 decades ago was given a second chance at life as jurors recommended he should spend the rest of his life behind bars instead of being sent to death row. After about four hours of deliberations, jurors on Friday recommended Harrel Braddy should be sentenced to life in prison for the 1998 killing of 5-year-old Quantisha Maycock. 

Federal Judge Rules Out Death Penalty for Luigi Mangione in UnitedHealth CEO Killing

NEW YORK — A federal judge has dismissed two charges against Luigi Mangione, the man accused of assassinating UnitedHealthcare CEO Brian Thompson, effectively removing the possibility of the death penalty in the high-profile case.  U.S. District Judge Margaret Garnett ruled Friday that the murder charge through use of a firearm — the only count that could have carried a capital sentence — was legally incompatible with the remaining interstate stalking charges against Mangione.

Florida's second execution of 2026 scheduled for February

Florida’s second execution of 2026, a man convicted of killing a grocery story owner, will take place in February. Gov. Ron DeSantis signed the death warrant Jan. 23 for Melvin Trotter, 65, to die by lethal injection Feb. 24.  Florida's first execution will take place just a few weeks earlier when Ronald Palmer Heath is set to die Feb. 10. Trotter was convicted of first-degree murder and sentenced to death in 1987 for strangling and stabbing Virgie Langford a year earlier in Palmetto. 

Georgia parole board suspends scheduled execution of Cobb County death row prisoner

The execution of a Georgia man scheduled for Wednesday has been suspended as the State Board of Pardons and Paroles considers a clemency application.  Stacey Humphreys, 52, would have been the state's first execution in 2025. As of December 16, 2025, Georgia has carried out zero executions in 2025. The state last executed an inmate in January 2020, followed by a pause due to COVID-19. Executions resumed in 2024, but none have occurred this year until now. Humphreys had been sentenced to death for the 2003 killings of 33-year-old Cyndi Williams and 21-year-old Lori Brown, who were fatally shot at the real estate office where they worked.

California | Convicted killer Scott Peterson keeps swinging in court — but expert says he’s not going anywhere but his cell

More than two decades after Laci Peterson vanished from her Modesto, California, home, the murder case that captivated the nation continues to draw legal challenges, public debate and renewed attention. As the year comes to a close, Scott Peterson, convicted in 2004 of murdering his pregnant wife and their unborn son Conner, remains behind bars, serving life without the possibility of parole. His wife disappeared on Christmas Eve in 2002, and a few months later, the remains of Laci and Conner were found in the San Francisco Bay.

Death toll in Iran protests could exceed 30,000

In an exclusive report, the American magazine TIME cited two senior officials from the Iranian Ministry of Health, who stated that the scale of the crackdown against protesters on January 18 and 19 was so widespread that 18-wheeler trailers replaced ambulances. In its report, based on testimony from these two high-ranking officials, TIME revealed statistics that differ vastly from the official narrative of the Islamic Republic.

The US reporter who has witnessed 14 executions: ‘People need to know what it looks like’

South Carolina-based journalist Jeffrey Collins observed back-to-back executions in 2025 after the state revived the death penalty following a 13-year pause Jeffrey Collins has watched 14 men draw their final breaths. Over 25 years at the Associated Press, the South Carolina-based journalist has repeatedly served as an observer inside the state’s execution chamber, watching from feet away as prison officials kill men who were sentenced to capital punishment. South Carolina has recently kept him unusually busy, with seven back-to-back executions in 14 months.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.