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Thursday, November 25, 2010



When Muslims in India insist on having a separate Muslim Personal Law for themselves, why don’t they also insist on implementing the Islamic Criminal Law for the Muslims; for example implementing the rule that the robber’s hands should be chopped off if a Muslim robs?


Muslim Personal Law
Personal Law is a law concerning an individual person and the persons closely related to him, e.g. laws relating to marriage, divorce, inheritance, etc. It includes laws which are mutually agreed upon by a group of people. This law does not include any crime or an act that will harm the society directly.

India is Secular And Democratic
In any country, the Personal Law may differ for different groups of people and for different communities. Since India is a secular and democratic country it allows different groups of people to follow their own personal law if they wish.

Islamic Personal Law is the Best
Muslims believe that compared to all the different types of personal laws available in the world, the best and the most result oriented is the Islamic Personal Law. Muslims of India prefer following the Muslim personal law also because of their own belief in Islam.

Criminal Law
Criminal law is that law which is associated with a crime or an act which directly affects the society e.g. robbing, raping, murdering, etc.

The Criminal Law should be the same for all people
In any country, the criminal law unlike the Personal Law cannot be different for different groups of people. It has to be same for all people of different groups and different religions e.g. In Islam if a person robs, his hands are chopped off. This punishment is not prescribed in Hinduism. If a Hindu robs a Muslim, what would be the robber’s punishment? The Muslim would want the hands of the robber to be chopped, while the Hindu Law would not agree.

The Muslims in India alone cannot separately follow the Islamic Criminal Law without involving the Non-Muslims
Even if a Muslim agrees, that as far as he commits a crime he should be given the punishment according to Islamic Criminal Law, it would not be practical. In case an allegation is made against a Muslim for robbery and if the witnesses are Non-Muslims, and if each one follows his own Criminal Law, the punishment in Islam for bearing false witness is 80 lashes, whereas in the Indian Crimial Law, a person giving false witness can easily escape. Thus, for a non-Muslim to falsely accuse a Muslim of any crime is very easy, if both follow their own criminal law. However, if both follow the Indian Law where the punishment is lenient for false witnesses and robbers, it will encourage both the robber to rob as well as encourage the witnesses to give false witness for their own benefit.

The Muslims in India would prefer the Islamic Criminal Law to be implemented on all Indians
We Muslims would prefer that in India the Islamic Criminal Law be implemented on all the Indians, since, chopping the hands of a thief will surely reduce the rate of robbery in India. Similarly, 80 lashes for giving false testimony will prevent a person from giving false witness.

Islamic Criminal Law is Most Practical
Islam besides pointing out a crime, it also gives you a solution showing how to prevent the crime e.g. chopping the hands of a robber, death penalty for the rapist. The punishment is so severe that it is a deterrent for the criminal to commit the crime. He will think a hundred times before committing a crime.

Thus if crime has to be reduced or stopped in India the best solution is to implement ‘The Common Islamic Criminal Law’.


  1. Mahatma Gandhi said, " If India has to improve it should be ruled by a dictator as honest and upright as Hadrat Umar (The Caliph of Islam).

    1. reference please for this quote :
      Mahatma Gandhi said, " If India has to improve it should be ruled by a dictator as honest and upright as Hadrat Umar (The Caliph of Islam).

  2. now strong beleivers are very rare, and i think most of the muslim criminals are muslims just in names, an original muslim will never make any robbery, he will not drink alcohol, he will not do haram sins, something except like telling lies (because of humanism), so if we are going to impliment the islamic laws, and if it is only for muslims in india, so a muslim robber will convert instantly towards other religion while he facing the judgement; so he could escape from the punishment, so i would like to say it is not a good idea in india, if you bring any laws, it must be for all of the citizens in a country. islamic law punishments are for warning the peoples, as well it reduces the punishment in ma'asharra.

    forgive me for any mistake, and correct if you know i am wrong.

  3. Pardon me if I am wrong,but as a law student I thought it proper to speak.The Islamic criminal law classifies crimes into three: crimes against God,crimes against the state and crimes against persons.The penology for the last class was flawed as practiced in India.It allowed the victim or close relatives of the victims to take law in their own hands.They could even pardon the offender,however heinous the crime might have been,in return for compensation.The highly compoundable nature of criminal law led to several corrupt practices like accepting blood money.The law of evidence betrayed the spirit of gender and communal equality.The relation between crimes against the human body and their punishments depended on the instrument and means used and not the intention of the offender or the fatality of the wound inflicted,which was bound to be considered unscientific in the course of time.

  4. @Pebbles Islam is based upon man's faith in Allah and the day of judgement. Allah has said that man has right to revenge, but He is with those who forgive. So what would you like? Just to punish or to get God/Allah on your side?

  5. People misunderstand when you say cut off robbers' hands or whatever. Before applying harsh islamic laws there are some terms and condtitions to be followed. Such as Govt. has to take responsibility of its country men. In the sense that Govt has to make sure there are enough jobs for its people or benefit allownces who are jobless. if govt fulfil its responsibility and after that someone commit robbery or any other crime, then he or she subjected to islamic law.