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)

Alabama | Gov. Ivey commutes Charles “Sonny” Burton’s death sentence

MONTGOMERY, Ala. (WSFA) - Gov. Kay Ivey has commuted the death sentence of Charles “Sonny” Burton, who was set to be executed Thursday. The governor’s office released the following statement: “Governor Kay Ivey on Tuesday announced that she has commuted the death sentence of Charles L. Burton to life in prison with no chance of parole. Mr. Burton was convicted and sentenced to death for the 1991 capital murder of Doug Battle in Talladega, Alabama. As required by law, the governor first reached out to a representative of Mr. Battle’s family. She also notified the attorney general. Governor Ivey’s letter to Alabama Department of Corrections Commissioner John Hamm is attached.

Texas executes Cedric Ricks

A Texas man was put to death Wednesday evening for fatally stabbing his girlfriend and her 8-year-old son in 2013, apologizing profusely to her older son who survived with multiple stab wounds and witnessed the execution.  Cedric Ricks, 51, was pronounced dead at 6:55 p.m. CDT following a lethal dose of the sedative pentobarbital at the state penitentiary in Huntsville.  He was condemned for the May 2013 killings of 30-year-old Roxann Sanchez and her son Anthony Figueroa at their apartment in the greater Dallas-Fort Worth suburb of Bedford. Sanchez’s 12-year-old son, Marcus Figueroa, was stabbed 25 times and feigned death in order to survive.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a written record of convicted killer Hamida Djandoubi's last moments before he was guillotined in a Marseilles prison on September 10, 1977. This written record -- dated September 9 -- was written by a judge appointed to witness the execution. Djandoubi's execution was the last execution carried out in France before capital punishment was abolished in 1981. Then-President Valéry Giscard d'Estaing, who had voiced his "loathing for the death penalty" before he was elected to office, flatly turned down Djandoubi's appeal for clemency and chose to let "Justice run its course", as he did on two previous instances ( Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977). Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was executed in Marseilles' Baumettes prison in September 1977. The following text was writ...

Missouri Man Said DNA Test Could Prove Innocence. He Was Executed Before a Court Ruled.

Lance Shockley died by lethal injection last year. State courts have rejected prisoners’ requests for DNA testing in recent years. Lance Shockley, a man on death row in Missouri, wanted items from the crime scene to undergo DNA testing to potentially prove his innocence. The court scheduled proceedings on his request — but the date set was for two days after his execution. Patty Prewitt can’t have her DNA tested — and fully clear her name — because her sentence was commuted and she is no longer in prison. And others, including Lamar McVay, who is serving 30 years for a robbery, can’t even get an answer from the state on his DNA testing request. He's still awaiting a ruling on a motion he filed in September 2022.

Maldives | Death penalty law for drug trafficking now in effect

MALÉ, Maldives (DPN) — The Maldives has officially brought into force an amendment to its Narcotics Act that introduces the death penalty for large-scale drug trafficking, marking a significant and controversial shift in the island nation’s criminal justice policy. The amended law, which took effect Saturday, March 7, 2026, allows for capital punishment in cases involving the smuggling and importation of specific quantities of illicit substances. The move fulfills a key pledge by President Dr. Mohamed Muizzu’s administration to crack down on the country’s growing narcotics crisis and protect what he has termed the nation’s “100 percent Islamic society.” Thresholds for Capital Punishment Under the new provisions, the death penalty is not a mandatory sentence but an available option for the judiciary when specific criteria are met. The law establishes clear weight thresholds for substances brought into the country: Cannabis: More than 350 grams. Diamorphine (Heroin): More than 250 grams....

Alabama | Death row inmate granted clemency shares emotional message on day he was set to die

Alabama governor commuted death sentence of Charles Burton, 75, who didn't kill anyone An Alabama man who was outside a building when a man was killed in an armed robbery is looking at life as "a gift from God" after being granted clemency by the state’s governor just days before he was scheduled to be executed.  Charles "Sonny" Burton, 75, was sentenced to death for his role in the robbery of a Talladega AutoZone store that left a man dead in 1991.  While Burton left the store before Derrick DeBruce gunned down customer Doug Battle, he was tried and convicted as an accomplice, with prosecutors insisting Burton acted as the group’s leader in the armed robbery. 

U.S. | These States Don’t Want You to See the Cruelty of Their Executions

The use of the death penalty has risen sharply in the United States, with more executions in 2025 than any year since 2009. It is a cruel and unjust development. In theory, the death penalty is reserved for “the worst of the worst.” In practice, it is very different. People who are executed for their crimes are disproportionately poor or intellectually disabled and often lacked good lawyers. They are also more likely to be sentenced to death if they have been convicted of killing a white person. Anthony Boyd, who maintained his innocence until Alabama executed him last year at age 54, had an inexperienced court-appointed lawyer and was convicted on disputed eyewitness testimony. Charles Flores, 56, has spent 27 years on death row in Texas for a murder conviction based solely on unreliable testimony from a hypnotized witness. Robert Roberson, who has autism, remains on death row there despite having been convicted on now-debunked evidence that he had shaken his daughter to death.

Florida | Governor DeSantis signs death warrant in 2008 murder case

TALLAHASSEE, Fla. — Governor Ron DeSantis has signed a death warrant for Michael L. King, setting an execution date of March 17, 2026, at 6 p.m. King was convicted and sentenced to death for the 2008 kidnapping, sexual battery and murder of Denise Amber Lee, a 21-year-old North Port mother. On January 17, 2008, Michael Lee King abducted 21-year-old Denise Amber Lee from her North Port home by forcing her into his green Chevrolet Camaro. He drove her around while she was bound, including to his cousin's house to borrow tools like a shovel.  King took her to his home, where he sexually battered her, then placed her in the backseat of his car. Later that evening, he drove to a remote area, shot her in the face, and buried her nude body in a shallow grave. Her remains were discovered two days later. During the crime, multiple 9-1-1 calls were made, but communication breakdowns between emergency dispatch centers delayed the response.  The case drew national attention and prompted w...

Supreme Court Denies Alabama Appeal, Allowing New Trial in Death Row Case

The U.S. Supreme Court has cleared the way for a new trial for one of Alabama’s longest-serving people on death row after declining to review a lower court ruling that prosecutors violated his constitutional rights by intentionally rejecting Black jurors.  According to an article written by the Associated Press, one of the longest-serving death row inmates in Alabama might receive a new trial after the U.S. Supreme Court rejected the state’s appeal of a lower court’s ruling that prosecutors had violated his rights by intentionally rejecting Black jurors.  According to the article, on Monday, the U.S. Supreme Court declined to review the ruling from the 11th U.S. Circuit Court of Appeals. This decision paved the way for Michael Sockwell, the 63-year-old death row inmate, to receive a new trial.

Texas Plans Second Execution of the Year

Cedric Ricks is set to be killed on March 11 Cedric Ricks spoke in his own defense at his 2013 murder trial, something most defendants accused of a terrible crime do not do. Ricks confessed that he had killed his girlfriend, Roxann Sanchez, and her 8-year-old son. He admitted he was aggressive and had trouble controlling his anger, stating that he was “sorry about everything.” The Tarrant County jury was unmoved. Ricks has spent the last 13 years on death row and is scheduled to be executed on March 11.