CSS 2011 Solved Islamiat Past Papers | Priority for Law for the Development of Society
The following question of CSS Islamiat 2011 is solved by Miss Ayesha Irfan, the highest scorer in CSS Islamiat. Moreover, the question is attempted using the same pattern taught by Sir Syed Kazim Ali to his students, who have scored the highest marks in compulsory subjects for years. This solved past paper question is uploaded to help aspirants understand how to crack a topic or question, write relevantly, what coherence is, and how to include and connect ideas, opinions, and suggestions to score the maximum.
Question Breakdown
The examiner has asked for a comprehensive overview of today’s Islamic punishments, which are regarded as savagery. First, we describe how it is necessary to establish priority for law for the development of society. To what extent are Islamic punishments regarded as savagery today? While discussing the Islamic philosophy of reward and punishment, it also describes the essential characteristics of the Islamic concept of punishment with the basic characteristics of the Islamic idea of punishment.
Outline
1-Introduction
2- To what extent today are Islamic punishments regarded as savagery?
3-Islamic Punishments and Modern Perception: An Insightful Perspective
- ✓ Purpose of Islamic Punishments
- ✓ Strict Criteria and Conditions
- ✓ Preventive Measures Before Punishments
- ✓ Compatibility with Modern Legal Systems
4- While discussing the Islamic philosophy of reward and punishment, the basic characteristics of the Islamic concept of punishments
- ✓ Accountability in Both Worlds with Principle of Justice (Adl)
- ✓ Encouragement for Good Deeds and Warning Against Sins (Punishment)
5- Basic Characteristics of the Islamic Concept of Punishments
- ✓ Deterrence and Types of Punishments in Islam
- ✓ Justice and Proportionality
- ✓ Rehabilitation and Repentance (Tawbah)
- ✓ Prevention Over Punishment
- ✓ Evidence and Due Process
6-Critical analysis
7-Conclusion
Answer to the Question
Introduction
The notion that Islamic penalties are cruel frequently ignores the complex ideas that underlie their use in Islamic thought. These repercussions, which fall under the categories of hudud, qisas, and tazir and are based on a thorough, legitimate substructure, are intended to strike a stability between impartiality, rectitude, and the comfort of society. They are intended to uphold social norms, reintegrate convicts, and discourage violence. The Islamic judicial system challenges the premise that these penalties are only cruel or obsolete by focusing on morality and enforcing rigorous evidential criteria to create a society based on moral principles.
To what extent today are Islamic punishments regarded as savagery?
Islamic Punishments and Modern Perception: An Insightful Perspective
- Purpose of Islamic Punishments
The conviction that Islamic punishments are cruel frequently results from societal prejudices and misinterpretations, although these penalties have essential roles that complement the larger objectives of impartiality and social progress. The main purpose of Islamic repercussions is to mitigate major offences by enforcing fair sanctions and protecting the victims’ constitutional rights. Additionally, rehabilitation, which encourages sinners’ regret and penitence and symbolizes the belief that individuals can change, is given much attention. As Allah says in the Quran, “If Allah were to punish people ˹immediately˺ for their wrongdoing, He would not have left a single living being on earth. But He delays them for an appointed term. And when their time arrives, they cannot delay it for a moment, nor could they advance it” (16:61). Consequently, Islamic punishments seek to safeguard individuals and foster social peace, establishing an environment that supports moral and ethical conduct.
- Strict Criteria and Conditions
Going forward, strict regulations will ensure that the pursuance of Islamic sanctions is neither arbitrary nor illogical. The legitimate system needs considerable evidence before any penalty may be imposed for hudud (fixed) penalties, which are subject to strict regulations meant to prevent unlawful legislation. For instance, assassinations are highly uncommon in circumstances of theft or adultery, where clear proof, such as bystander or divulgence, is essential, as Allah states about the thief, “And (as for) the male thief and the female thief, cut off (from the wrist joint) their (right) hands as a recompense for that which they committed, a punishment by way of example from Allah. And Allah is All-Powerful, All-Wise” [al-Maaidah 5:38]. This strict level of witness prominence is the necessity of shielding people from partial outcomes and pledging that everyone’s liberties are respected, proving the allegiance of the legitimate Islamic structure to justice and harmony.
- Preventive Measures Before Punishments
Moreover, Islamic law strongly focuses on obstructive measures to lower infractions before considering punitive measures. This inhibitory approach prioritizes social well-being, lessens impoverishment, and ethical education because it acknowledges that remitting the root causes of illegal behaviour is pivotal to creating a just society. The legitimate system points to lessening the socioeconomic facet that customarily contributes to offences by stimulating equitable remuneration in dispensation and ensuring that fundamental requirements are satisfied. For instance, During the reign, Umar maintained Bait al-Mal carefully, received an income and something lawful, distributed it to those who deserved it, constructed roads and canals, established schools and organised the salaries of religious teachers. Implanting ethical principles and social liability in society is another crucial moral education obligation, making it less probable that people would practice catastrophic deeds.
- Compatibility with Modern Legal Systems
Furthermore, Islamic penalties, such as the death punishment, show adherence to modern legitimate structure, especially in their familiar intention of repellent. According to many modern legal systems, effective discouragements are essential for preserving social norms. Furthermore, the flexibility of Islamic jurisprudence permits changes and situational formulations that bring its tenets into compliance with contemporary social ideals. Islamic law maintains its core goals of impartiality and public welfare while remaining topical and attentive to modern concerns because of this constantly changing interaction between ancient and contemporary concepts.
While discussing the Islamic philosophy of reward and punishment, the basic characteristics of the Islamic concept of punishments.
- Accountability in Both Worlds with Principle of Justice (Adl)
Moving down to the ladder, based on the ideas of impartiality and liability, the Islamic concept of recompense and chastisement accentuation that each person is accountable to Allah for their actions both in this life and in the hereafter. The idea of Adl, which guarantees equitable treatment based on deeds and desires, is fundamental to this ideology. While rewards frequently surpass the good works accomplished, punishments are commensurate with the seriousness of the offence and demonstrate Allah’s kindness and compassion. As Allah says in the Quran, “O believers! You are accountable only for yourselves. To Allah you will all return, and He will inform you of what you used to do” (Surah Al-Maidah, 105). Thus, this paradigm promotes a moral and ethical society based on fairness and sympathy by discouraging misconduct and inspiring people to seek purity.
- Encouragement for Good Deeds and Warning Against Sins (Punishment)
Moreover, while sins have repercussions in this world as well as the in the hereafter, but Allah’s mercy permits repentance and reconciliation, giving people the opportunity to seek recoupment and return to virtuousness, the Islamic philosophy of reward and penalties fosters good deeds while cautioning against wrongdoings, emphasizing Allah’s forgiveness and tenderness. As the Quran states: “As for those who commit evil ignorantly ˹or recklessly˺, then repent afterwards and mend their ways, then your Lord is surely All-Forgiving, Most Merciful” (16:119). This well-rounded strategy creates an inclusive moral substructure that motivates people to strive for goodness while admitting the significance of liability.
Basic Characteristics of the Islamic Concept of Punishments
- Deterrence and Types of Punishments in Islam
The three primary forms of Islamic punishment, hudud, qisas, and tazir, are distinguished by their systematic methodology. Hudood refers to a set of penalties for serious crimes like adultery and theft, which act as a powerful hindrance to keep offences out of society. For instance, adultery punishment in Quran: As for female and male fornicators, give each of them one hundred lashes and do not let pity for them make you lenient in ˹enforcing˺ the law of Allah, if you ˹truly˺ believe in Allah and the Last Day. And let several believers witness their punishment (24:2). Retribution is a constituent of Qisas, where the penance is proportionate with the offence, for example, “life for life” in occurrences of murder or harm. Tazir covers any permissive sanctions that a court regulates based on the circumstances. Therefore, by invigorating a sense of fairness and responsibility among the people, these retributions work to maintain social worth and reduce crime rates.
- Justice and Proportionality
Fairness and harmoniousness are highly valued in Islamic retributions, ensuring that the penalty is suitable for the sin, as illustrated by the qisas concept of “an eye for an eye.” This approach guarantees that punishments are appropriate and relevant for the profundity of the infraction by preventing excessive or vacillating penalties. By maintaining this principle, the legitimate system nurtures a mindset of fairness and tranquillity in society by protecting the liberties of both plaintiffs and wrongdoers. As the Quran says, “O you who believe! Stand firm for justice as witnesses for Allah, even if it is against yourselves, your parents, or your kin, and whether it be (against) rich or poor, for Allah can best protect both. Follow not the lust (of your hearts), lest ye swerve, and if ye distort (justice) or decline to do justice, verily God is well acquainted with all that you do” (4:135). Thus, this assiduity to balance fosters a fair and compassionate strategy for law and order in addition to strengthening liability.
- Rehabilitation and Repentance (Tawbah)
Furthermore, Islamic penalties strongly emphasize repentance and rehabilitation (Tawbah), exhorting people to genuine transformation before being instinctive to severe actions. Islam fosters absolution and forgiveness, and a second opportunity can result from sincere regret and dedication to reform. The word is seen 70 times in the Quran: “Verily, Allah loves those who repent and those who purify themselves.” [Al-Qur’an 2:222]. At another place, “O you who believe! Turn to Allah in sincere repentance!” [Al-Qur’an 66:8]. Judges can alter intuitive sanctions (tazir) in this situation to encourage rehabilitation rather than merely retaliation.
- Prevention Over Punishment
Moreover, to eradicate the intrinsic reasons for offence, the Islamic strategy of impartiality places a higher priority on prevention than punishment and aims to ensure socioeconomic fairness. The legitimate structure solicits the establishment of a society where people’s foundational needs are satisfied by addressing root causes like impoverishment and inequality, which will reduce the chances of offensive deeds. For instance, giving to the poor and putting social well-being programs into place can help deter stealing and other crimes and foster a more secure and peaceful neighbourhood. Thus, this prophylactic approach manifests the belief that a more fair and equitable society is obligatory to lower offences and promote overall well-being.
- Evidence and Due Process
Finally, due process and attestation are highly valued in the real Islamic system to sustain impartiality and avoid erroneous penalties. Acceptance of affirmation is subject to severe regulations that need captivating and unambiguous evidence to prevent darkness. The impertinence of the irreproachability concept, upon which this system is established, maintains that a person is presumed innocent unless and until proven guilty beyond a sensible confusion. For instance, Prophet Muhammad (PBUH) states, “If people were to be given according to their claims, men would claim the fortunes and lives of other people, but the onus of proof is on the claimant, and the taking of an oath is incumbent upon him who denies”. Thus, Besides barricading the liberties of the suspect, this allegiance to due process keeps the court transparent and escalates public credence in the directorate of justice.
Critical analysis
One of the biggest impediments an old legal system has in meeting the demands of a quickly evolving society is the difference between modern and traditional Islamic penalties. Tazir, qisas, and hudood were examples of conventional punishments that were distinctive to a particular historical duration and represented the principles of seventh-century Arabia. Many Muslim-majority states today scuffle to strike an equilibrium between these dictates with modern social excellence and human rights. Some people are assiduously restricted to using the traditional framework of penalties for Islamic specification, while others advocate for a contextualized structure that accentuates fairness, sympathy, and rehabilitation. The need for a jumble explanation of Islamic law that wallops a balance between historical precedent and contemporary complexities is emphasized by this discussion.
Conclusion
In conclusion, the discussion of Islamic retributions insists on how important it is to balance conventional explanations with contemporary social realities. The substructure of standard sanctions is set up for a particular historical setting, but given the convolution of the current situation, a more refined framework that settles human liberties ahead of impartiality and rehabilitation is required. This continual battle between sustaining divine rules and calibrating to current ethical norms initially indicates not that but rather the dynamism of Islamic legitimate intentions. Ultimately, stimulating impartiality and social viscidness in Muslim countries requires security that respects fundamental values while meeting contemporary demands.
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