Penal Codes in Islam; What’s the Deal with Hand Cutting, Lashing, & Stoning?

"...These are the limits set by Allah, so do not approach them..." (Quran 2:187)

 Sharia Law is Divine Legislation consisting of individual laws that deal with the civil aspects of life, including character, dealing with others, prayer, purification, repentance, marriage, divorce, business dealings, etc. Sharia Law also consists of state-based laws regarding the running of a State. Since Sharia protects and preserves the rights and freedom of individuals and societies, its law must contain rules, regulations, and punishments for those that transgress and infringe on people's rights and freedoms. 

Listed within state-based laws is a small component known as Hudud-- criminal law and indicates the penal code of Islam. Hudud can be translated as punishment for encroaching upon the limits and boundaries set by Allah. Since certain aspects of Hudud violate human rights, punishments must be enacted to serve justice for those harmed, as is the case in all countries today. Since these crimes severely impact society, they come complete with severe punishments. It's essential to enact harsh penalties for severe crimes, to help deter and discourage such crimes for the community's security. 

 It's imperative to note that ordinary Muslims cannot enforce the laws we will discuss; these punishments can be carried out only by a Muslim ruler or judge. A person accused of a crime must be tried in an Islamic court and proven guilty before any punishment is implemented. There is no place for vigilantism in the faith of Islam, acts in which Muslims take the law into their own hands. 

Instead of throwing someone in a jail cell in a harsh environment alongside other criminals to allow them to network with each other while costing citizen taxpayers a great deal of money, Islam prevents crimes in a different matter by using the Hudud punishments as a form of deterrence and retribution. 

It's imperative to note that the chief principle in implementing Hudud punishments is maximizing mercy - seeking to reform the criminal and allowing the doors of repentance to be opened. Hudud punishments are challenging to prove and enforce. A rigorous requirement of solid evidence almost renders these punishments a scare tactic. 

A Muslim ruler or jurist can consider many ambiguities to avoid applying a hudud punishment. Prophet Muhammad PBUH stated: Avert the legal penalties from the Muslims as much as possible if he has a way out, then leave him to his way, for if the Imam makes a mistake in forgiving it would be better than making mistake in punishment' As Hudud laws are very difficult to execute, not a single incident of stoning an adulterer occurred in the first 1000 years of the life of Prophet Muhammad PBUH. And only three or four incidents are recorded of lashings in this faith. 

"As for male and female thieves, cut off their hands for what they have done— a deterrent from Allah. And Allah is Almighty, All-Wise" (Quran 5:38) 

Islam takes the rights of people's property very seriously, and as a result, the religion enacts laws to protect any act of aggression toward other people's property. The Islamic concept of theft is to "take that which does not belong to you stealthily from a place where similar things are typically kept." Without a severe punishment for theft, this evil would spread throughout society. Harsh punishment is needed as a deterrent to scare people away from such an evil act.