Answer
Salam Dear Ahmed,
Thank you for your question and for contacting Ask About Islam.
You did not offend us in any way. We are here to help you and others have a better understanding of Islam.
The issue of prescribed punishments is a very controversial and debatable issue in Islam.
When the word Shari`ah is mentioned, people immediately think of the punishments. Punishments are a very small part of the Shari`ah of Islam.
The Shari`ah is much wider than this. It is about establishing justice and ensuring freedom and reforming the society. The punishments are an integral part of it and they are meant to guarantee safety and security in the society.
The objectives of the Shari`ah, i.e. protecting one’s mind, religion, soul, property and lineage are given priority over the issue of punishment. From the very name, punishments mean limits or maximum punishment, i.e. they are the last resort. The Shari`ah have stipulated very difficult conditions in order to apply the punishments. All possible efforts should be done in order to avail punishments.
The Prophet (peace and blessings be upon him) is a role model for us in understanding the aims of the Shari`ah.
In the story of Ma`iz, it is reported that `Abdullah Ibn Unais came and mentioned Ma`iz’s story to the Prophet. So, the Prophet told them: “You should have left him. Maybe Allah would have forgiven him.” Then, he told Hazzaal: “O Hazzaal! You did the worst thing to that orphan. If you had covered him with your robe, that would have been better for you.” Then, he called the woman who was involved with Ma`iz and told her: “Go”, and did not ask her about anything.
The punishments are to be applied if the crime or sin went publicly and caused harm to the society. If a certain crime or sin is committed privately without being noticed, no punishment is to be applied. Repentance suffices in such cases. Islam does not spy on people rather it protects their privacy.
The prescribed punishments consider the factor of human mercy. They are not against the human rights and man’s dignity. They are not barbaric or inhumane. It is proved that abandoning the punishments leads to a state of insecurity. Once again the punishments are meant to correct the human behavior and to protect the society against crimes.
The human aspect of the punishments is reflected in the fact that the punishment is to be applied at a certain time of the day when the weather is not too hot or too cold. A sick man, a pregnant woman, or a man with skin diseases are not be punished if they are under such cases. The punishment is to be applied on the person who is involved in a certain crime and not anyone else.
If we look at the man-made punishment for theft and drinking alcohol such as putting someone in jail, we will find that the one who committed a certain crime will come out of prison with more experience in theft and drinking alcohol which he gained from other thieves and alcoholic addict behind the bars.
We should not focus on the cruelty of the punishment and forget the brutality of the crime itself.
Islam is a complete way of life and it has a holistic vision of the reforming the society. The prescribed punishments are a part of the Islamic vision and its divine program to manage the worldly affairs and ensuring happiness in world and the world to come.
You are focusing on the punishments for adultery. If you look deeply, you will know how the Shari`ah put some conditions in order to avail it. The issue of having four witnesses to prove adultery is very difficult to apply.
It is reported that the second caliph `Umar saw a man and a woman committing adultery. He could not take a decision by himself. He gathered the people and asked what would you do if the Commander of the Believers saw a man and a woman committing adultery? `Ali ibn Abi Talib stood and said: the Commander of the Believers has to bring four witnesses to support him or he should get 80 lashes for accusing them of such a crime. So `Umar remained silent and did not do anything. (Makarim al-Akhlaq)
No one can deny that the punishment is very severe, but I think now you will recognize that the prescribed punishments are precautionary and deterring, rather than being actual or real punishments.
Burning is not a punishment for any crime in Islam and it is strictly prohibited.
What brings the issue of the punishments to the surface is the practices of abnormal people or people who have sexual deviations. Homosexuality is a heinous crime in Islam. However, homosexuals are to be treated medically and psychologically first before applying any punishments on them. We have to accept them and try our best to help them pass the difficulties that are going through.
I hope this answers your question.