Fatwa #1424611 May 2006South Africa
Why during a Jehaad do Muslims decapitate the enemy? Why is the death sentence so severe? Hanging or shooting might be a bit more “humane”
Question
Why during a Jehaad do Muslims decapitate the enemy? Why is the death sentence so severe? Hanging or shooting might be a bit more “humane” – as Muslims we are peace loving, yet our punishments are very drastic!
Please note above questions are not asked by us – we just want a way to explain it to him so he can understand!
Answer
The fundamental approach to Islam is, I believe and I submit. This approach is an expression of slavery and subjugation which is the purpose of our creation. Allah is our Master and we are His slaves. We do and submit as He orders. Allah is al-Hakeem, the All-Wise. As such, every order of His is most appropriate and filled with wisdom.
Our limited minds and limited understanding cannot comprehend the infinite wisdom of Allah and His orders. It is also important to understand that the guidance is from Allah. Allah states, ‘Muhammad speaks through revelation.’ Therefore, every order from Rasulullah [sallallaahu alayhi wasallam] of Shari’ah, be it in the Qur’aan or Hadith has the same underlying spirit of wisdom in it. Rasulullah [sallallaahu alayhi wasallam] said, ‘There is no taking away of life but through the sword.’ This is an order and we submit to it. As Muslims and knowing that this law comes from Rasulullah [sallallaahu alayhi wasallam] who is a fountain of mercy, it jolts the mind to search for the wisdom behind this order. Surely, an order of the All-Wise will be filled with wisdom. An order from the most merciful will have its foundation on the spirit of mercy.
The law of decapitating should be viewed in relation to other forms of murder, injection, hanging, shocking, etc. If the concern is the pain to the murdered person, that can only be justified if the dead person expresses his pain himself. It cannot be conclusively stated that the decapitating progress is more painful. It could be the other way round. In the process of hanging or electrocuting, injection, etc. the blood rushes to the brain which is the source of all pain. In decapitating, the head is severed and the blood flows out before reaching the brain. However, outwardly it appears the decapitating process is more severe. That should be examined in line with the purpose of such punishment. Punishments are meant to deter people from criminal activities. If a criminal is made to die by simply sleeping away, that may not serve as a real deterrent to onlookers. That is more achieved through an apparent brutal act. It has an impact in serving as a deterrent as opposed to other forms of punishment which is more painful to the criminal and does not leave a real impact on the onlookers. Crime will carry on. Observe the crime statistics in Saudia Arabia and other parts of the world. Why is there such a huge difference in the crime rate between such administrations? Countries having an effective punishment like severing the head, hands, etc. have a very low crime rate. The lives and properties of people are more safeguarded and respected.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai