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)

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.

China | Former Chinese senior banker Bai Tianhui executed for taking US$155 million in bribes

Bai is the second senior figure from Huarong to be put to death for corruption following the execution of Lai Xiaomin in 2021 China has executed a former senior banker who was found guilty of taking more than 1.1 billion yuan (US$155 million) in bribes. Bai Tianhui, the former general manager of the asset management firm China Huarong International Holdings, was executed on Tuesday after the Supreme People’s Court approved the sentence, state broadcaster CCTV reported.

Who Gets Hanged in Singapore?

Singapore’s death penalty has been in the news again.  Enshrined in law in 1975, a decade after the island split from Malaysia and became an independent state, the penalty can see people sentenced to hang for drug trafficking, murder or firearms offenses, among other crimes. Executions have often involved trafficking under the Misuse of Drugs Act, with offenses measured in grams.  Those executed have included people from low-income backgrounds and foreign nationals who are sometimes not fluent in English, according to human rights advocates such as Amnesty International and the International Drug Policy Consortium. 

Afghanistan | Two Sons Of Executed Man Also Face Death Penalty, Says Taliban

The Taliban governor’s spokesperson in Khost said on Tuesday that two sons of a man executed earlier that day have also been sentenced to death. Their executions, he said, have been postponed because the heir of the victims is not currently in Afghanistan. Mostaghfer Gurbaz, spokesperson for the Taliban governor in Khost, also released details of the charges against the man executed on Tuesday, identified as Mangal. He said Mangal was accused of killing members of a family.

Afghanistan's Taliban rulers carry out public execution in sports stadium

The man had been convicted of killing 13 members of a family, including children, and was executed by one of their relatives, according to police. Afghanistan's Taliban authorities carried out the public execution of a man on Tuesday convicted of killing 13 members of a family, including several children, earlier this year. Tens of thousands of people attended the execution at a sports stadium in the eastern city of Khost, which the Supreme Court said was the eleventh since the Taliban seized power in 2021 in the wake of the chaotic withdrawal of US and NATO forces.

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.

Florida executes Mark Allen Geralds

Mark Allen Geralds was convicted of killing a mother of two in Panama City Beach The state of Florida executed 58-year-old Mark Allen Geralds at 6:15 p.m. on Tuesday at Florida State Prison, according to the Florida Department of Corrections. He was convicted of the 1989 murder of a Bay County mother.  Gov. Ron DeSantis on Nov. 7 signed a death warrant for Geralds. Geralds' last words were “I’m sorry that I missed you [unintelligible]. I love you everyday,” according to witness and journalist John Koch.  Geralds was convicted of first-degree murder, armed robbery, burglary and grand theft auto in 1990. Shortly after his death warrant was signed, he waived his right to make any further appeals in court.

Vietnam | Woman sentenced to death for poisoning 4 family members with cyanide

A woman in Dong Nai Province in southern Vietnam was sentenced to death on Thursday for killing family members including two young children in a series of cyanide poisonings that shocked her community. The Dong Nai People's Court found 39-year-old Nguyen Thi Hong Bich guilty of murder and of illegally possessing and using toxic chemicals. Judges described her actions as "cold-blooded, inhumane and calculated," saying Bich exploited the trust of her victims and "destroyed every ethical bond within her family."

Utah | Ralph Menzies dies on death row less than 3 months after his execution was called off

Judge was set to consider arguments in December about Menzies’ mental fitness  Ralph Menzies, who spent more than 3 decades on Utah’s death row for the 1986 murder of Maurine Hunsaker, has died.  Menzies, 67, died of “presumed natural causes at a local hospital” Wednesday afternoon, according to the Utah Department of Corrections.  Matt Hunsaker, Maurine Hunsaker’s son, said Menzies’ death “was a complete surprise.”  “First off, I’d say that I’m numb. And second off, I would say, grateful,” Hunsaker told Utah News Dispatch. “I’m grateful that my family does not have to endure this for the holidays.” 

Iran carries out public hanging of "double-rapist"

Iran on Tuesday publicly executed a man after convicting him of raping two women in the northern province of Semnan. The execution was carried out in the town of Bastam after the Supreme Court upheld the verdict, the judiciary's official outlet Mizan Online reported. Mizan cited the head of the provincial judiciary, Mohammad Akbari, as saying the ruling had been 'confirmed and enforced after precise review by the Supreme Court'. The provincial authority said the man had 'deceived two women and committed rape by force and coercion', adding that he used 'intimidation and threats' to instil fear of reputational harm in the victims.