Third, to sift through certain clauses of the United Nations Universal Declaration of Human Rights and the South African Bill of Rights to determine whether Islam is amenable to these rights. Any disregard for the injunctions of the Qur'an and the teachings of the Messenger of Allah, the Prophet Muhammad (s.a.w.s.), is viewed in a very serious light.
ROLE OF RELIGION IN CURBING CRIME
He believes that man can combat the temptation to indulge in crime and evil by seeking refuge and support in moral strength. Crime is not only seen as wrong in the eyes of the law and the court, but equally in the eyes of God.
IJUDUD IN THE CONTEXT OF THE LIMITS SET BY ALLAHfi
If anyone transgresses the limits set by Allah, those persons are wrong (both themselves and others).” (Al-Baqarah, 2:229). 34;These are the boundaries (hudud) set by Allah: those who obey Allah and His Apostle. will be admitted to gardens with rivers flowing beneath them to dwell therein (forever) and that will be the supreme achievement. iAl-Nisii', 4:12-13).
THE RATIONALE FOR PUNISHMENT
The amputation of the hand is not in lieu of property (stolen), but it is the punishment of violation of s. Of the Penal Law of Islam, I need not speak in detail about the evils of alcoholic beverages.
VIEWS OF WESTERN SCHOLARS
For maintaining the moral fiber of the society, Islam promoted the principle of Justice. This quantum cannot be tampered with.' The aim and purpose of hadd is to deter others from engaging in similar acts of crime that the criminals committed.
MODUS OPERANDI
Secondly, it is the prerogative of the Muslim ruler or his deputy to perform the hadd. The people told that to the Prophet that he had fled because he felt the pain of the stones and the pain of death. There is a consensus among the Sahaban (companions of Prophet Muhammad) on the issue of rajm (stoning).
Similarly, if they could not establish the identity of the woman, the hadd will not be accomplished." It is the opinion of the majority of the scholars that one who considers sodomy to be halal (lawful) is an unbeliever. ". The thief can be found guilty on the basis of: (a) personal confession and (b) the testimony of two witnesses.
The Prophet Muhammad clearly describes the fate of the rebel in the following hadith: This is so because Muslims are reminded in the Holy Quran to imitate the practices of the Prophet of Islam.
Chapter Three HUMAN RIGHTS
UNIVERSAL DECLARATION OF HUMAN RIGHTS
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change one's religion or belief and freedom, alone or in association with others, publicly or privately, to manifest one's religion or belief in teaching, practice, worship and observance.".
SOUTH AFRICAN BILL OF RIGHTS
No one shall be subjected to torture or cruel, inhuman or degrading treatment or punishment. 7. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change one's religion or belief and freedom either alone or in association with others and publicly or privately to manifest one's religion or belief in teaching, practice, worship and observance.'. pregnancy, marital status, ethnic or social youth, colour, sexual orientation, age, disability, religion, conscience, faith, culture, language and birth.9.
THE ISLAMIC NOTION OF DUTIES VERSUS RIGHTS
On the other hand, when we say: 'it is our duty', it means that someone is right against us. The emphasis on duty creates harmony in social life, because if everyone were to concentrate on their duty, the emphasis on complaining about rights would naturally disappear. On the contrary, the emphasis on rights creates strife, because if everyone were to think of his rights in relation to others, he would hardly have the sense to think of his duties to others.
The tremendous increase in quarrels and strife between the different classes of people, as for example between the laborers and capitalists, and between races and nations, which we find in the world today, is the direct result of the emphasis on rights. Everyone tries to shift the blame onto others' shoulders, and the confusion gets worse. This state of affairs will not improve unless the world accepts the Qur'anic emphasis on duty.IS.
ROLE OF ALLAH. IN THE UNIVERSE
Every man is thereby connected with all others, and they all become one community of brotherhood in their honorable and agreeable service to the most compassionate Lord of the Universe. In such a heavenly atmosphere, the Islamic profession of the Oneness of Allah is dominant and central, and necessarily includes the concept of the oneness of humanity and the brotherhood of humanity.
HUMAN RIGHTS IN ISLAM
Both Article 1 of the Universal Declaration of Human Rights and the South African Bill of Rights recognize the equality of mankind. Islam would not support this statement considering the fact that the Holy Quran specifically mentions in the Holy Quran the people of Prophet Lilt. To a traveler in the vicinity of the Dead Sea, the whole landscape is a sight.
But it is also a well-known fact that most of the young people are not willing to use condoms and thus expose their partners to the risk of becoming infected with HIV. The Prophet Muhammad ;i has also warned his ;i followers to value the lives of dhimmis (the non-Muslim citizens of the Muslim state). One must not lose sight of the fact that in no human society can any individual be free in the absolute sense of the word.
Chapter Four
LEGISLATIVE AUTHORITY MUI:IAMMAD :i
Thus, Prophet Muhammad (pbuh) supplemented the details for the implementation of the Divine commandments through his Sunnah. The forms that these punishments should take are determined by the WaIJf (Divine Revelation) and the Sunnah of the Prophet Muhammad js. But what should be noted is that “to establish the guilt of the perpetrator in certain cases, a very difficult legal proof is always necessary.
In fact, the rules of Muslim canon law provide everyone with the opportunity to escape such punishments. Second, unlike the Western system, Islam does not separate the treatment of morality and law. Islamic law is essentially a code of moral standards that must be respected in a Muslim society, and the function of law is to enforce these moral standards even with punishments.
HUMAN RIGHTS AND THE DEATH PENALTY
Therefore, the abolition of the death penalty is desirable to enhance human dignity. At this point it may be appropriate to point out that not all member states of the United Nations consider the death penalty to be a human rights issue. Human rights endorsed the resolution stating that "the abolition of the death penalty contributes to the strengthening of human dignity and the gradual development of human rights".
The European Union (EU) went a step further and made the abolition of the death penalty a prerequisite for joining the EU. For example, Poland, Yugoslavia, Serbia and Montenegro had all voted to ban the death penalty.” Moreover, challenging the death penalty is not only seen as a domestic issue between nations.
INHUMAN PUNISHMENTS AND HUMAN RIGHTS
Let us now try to determine whether Islam upholds the two articles namely 3 and 5 of the Universal Declaration of Human Rights. In order for us to be able to assess it, it is imperative that we, on the basis of those. What should be reiterated here, however, is that if the perpetrators sincerely repented of having committed some of the specific crimes, their lives would be spared.
Thus, taking the murderer's life would protect other lives of people in the community. The thief's hand must be quickly cut off by a person appointed by the state. It should be noted that the amputation of the thief's hand will not be carried out if the crime was committed out of dire necessity.
CONCLUSION
One cannot ignore the fact that the Bible also recognizes the death penalty for such crimes as magic, violation of the Sabbath, blasphemy, adultery, homosexuality, relations with animals, incest and rape. While the Holy Qur'an upholds the sanctity of life, it allows for the imposition of capital punishment in the form of hudiid punishments for those involved in any of the seven categories of crime discussed in Chapter Two of this treatise. It is thus the prerogative of Allah ~ Who gave life to decide under what circumstances and for what crimes the death penalty can be imposed, because Allah in the Islamic system ~ is the Absolute Sovereign, and it is precisely to limit crimes, ensure peace, security and tranquility in society that He ~ prescribes such punishment for all such acts which are injurious to the life and welfare of the people without reasonable justification.
In the third chapter of this, it was argued that Islam is subject to the clauses provided in both the Universal Declaration of Human Rights and the South African Constitution, but it must not be forgotten that in no human society no individual can be free in the absolute sense of the word. The fourth chapter of this thesis emphasized the fact that within the Islamic system, Allah is considered to be the Absolute Sovereign and therefore if any of the so-called human rights violate His Law, it would not be upheld. But what needs to be reiterated here is that even in pursuit of justice, Muslims are not allowed to take the law into their own hands and therefore the execution of offenders can only be carried out under the strict supervision of the Islamic Court. .
BIBLIOGRAPHY
