Reinterpreting Quranic Punishments: A Liberal Muslim Approach to Justice and Compassion
By V.A. Mohamad Ashrof for New Age Islam
01 November, 2024
The ethical framework of the Quran, akin to the roots of a tree that nourishes its branches, upholds principles of rational judgment and social welfare. Yet, this deeper intent is often eclipsed by literal interpretations that limit its scope. This article aims to bridge the divide between the Quran’s ancient prescriptive context and contemporary ethics by illustrating that, through contextual interpretation, a justice system grounded in compassion and human dignity emerges. Further, this article delves into the Quranic verses on theft and criminal justice from a liberal Muslim lens, particularly through the views of Fazlur Rahman, Farid Esack, and Ziauddin Sardar. It asserts that a contextual, hermeneutic approach to these verses enables alignment with modern principles of justice. Drawing on principles of compassion, justice, and mercy, it argues that the Quran’s ethical framework encourages rational judgment and social welfare, which traditional interpretations sometimes overlook.
Traditional Interpretations vs. Liberal Hermeneutics
The literal interpretation of Quranic punishments is like seeing only the surface of the ocean—while the real depth of its ethical guidance lies beneath the waves. A liberal hermeneutic approach enables us to ‘read between the lines,’ seeing Quranic injunctions not as set in stone but rather as principles that were shaped to fit their own time, which can now bend to fit ours without breaking the core message. Fazlur Rahman’s, Farid Esack’s, and Ziauddin Sardar’s ideas are like three strands braided together, each adding strength and nuance to a contextual understanding of justice and mercy.
Islamic legal discourse has engaged deeply with the Quran's approach to punishment, with verses prescribing measures such as theft and retaliation. Traditionally, these directives have been applied literally. However, a liberal hermeneutical approach suggests that Quranic injunctions are intended to fit a specific socio-historical context and can be understood through an ethical lens. This perspective invites an exploration of modern, rehabilitative interpretations of Quranic punishments, grounded in proportionality, social welfare, and mercy.
Hermeneutics in Islamic tradition allows for balancing literal meanings with broader ethical insights, applying contextual reasoning to the Quran. Liberal Muslim scholarship emphasizes an interpretive approach aligned with moral objectives and contemporary welfare, using tools like ijtihad (independent reasoning) to re-examine traditional readings. Fazlur Rahman’s "double movement" theory, Esack’s commitment to social justice, and Sardar’s emphasis on historical context offer distinct yet complementary frameworks for interpreting Quranic law.
The Verse on Theft: Q.5:38 and Proportionality
The verse in Q.5:38 reads, "As for the thief, both male and female, cut off their hands. It is a retribution for their crime and a deterrent from Allah.” At face value, it mandates a severe punishment. Traditional readings apply this literally, citing its role as a deterrent. However, theft in 7th-century Arabia posed a serious threat to the community, as societal structures were insufficient to safeguard property rights.
The verse on theft has traditionally been viewed as a rigid form of retributive justice. However, liberal interpretations consider it a targeted measure, initially intended to maintain social welfare within a particular historical context, which can now adapt to modern rehabilitative principles. Sardar and Esack argue that applying ancient rules in modern times without adaptation is like trying to fit a round peg into a square hole—it misses the mark and may do more harm than good.
Liberal scholars advocate for understanding this punishment through historical context, emphasizing proportionality. Fazlur Rahman contends that the punishment reflects a deterrent measure specific to that era, where theft threatened communal welfare. Today, deterrence remains an objective, but it can be achieved through imprisonment, restitution, or rehabilitative programs. Sardar and Esack similarly argue that modern legal structures provide humane alternatives that fulfil the underlying Quranic principles of justice and community welfare.
Principles of Justice and Mercy in the Quran
The Quran advocates justice tempered with mercy, as seen in Q.6:160, which emphasizes proportional recompense for both good and evil deeds, and in Q.42:40-41, which promotes forgiveness as a virtue. This balance points toward a penal system that values rehabilitation over punishment alone. From a liberal perspective, these verses suggest that criminal justice should prioritize ethical proportionality and compassion, aiming for an outcome that balances the needs of society and the individual.
The Quran’s call for justice and mercy is a two-sided coin—both must be considered to achieve balance and fairness. Justice tempered with mercy is like the backbone of a healthy society, firm but flexible, supporting the weight of law while allowing compassion to breathe life into justice.
Balancing Justice and Compassion in Retaliation (Qisas)
The Quranic concept of Qisas, or retaliation, as stated in Q.2:179) — “in the law of retaliation, there is life for you, O people of understanding” — illustrates the principle of retributive justice tempered with insight. While Qisas allows for retaliation, it promotes proportionality, aligning with modern legal principles. A liberal approach sees Qisas not as a rigid mandate but as one option among many, emphasizing reconciliation, mercy, and forgiveness to foster social harmony. Q.42:40-41 reinforces the potential for reform by advocating for forgiveness as a divine virtue, underscoring that a punitive response is not the only one sanctioned by the Quran.
Qisas is not a path carved in stone but rather a road with many forks, some leading toward forgiveness and reconciliation, others toward retribution. The verse promoting Qisas is a reminder that justice need not be an eye for an eye; instead, it can be a path toward social harmony, where mercy lights the way.
Contextualizing Quranic Punishments: Historical and Social Specificity
Esack emphasizes the need to understand the socio-economic realities of 7th-century Arabia, where direct deterrents like hand-cutting were necessary to maintain communal stability. Sardar adds that applying these rules literally in a vastly different modern context risks distorting the Quran's ethical priorities. For example, the Quranic instruction to cut off a thief’s hand addressed specific historical conditions, but today, societies have evolved to offer alternative, less invasive solutions that protect both the individual’s dignity and societal order.
Esack and Sardar’s approaches are like lenses, bringing the socio-historical context of 7th-century Arabia into focus so that we can see these directives clearly in light of the present. Insisting on literal application is akin to wearing blinders, missing the broader vision of justice that the Quran advocates.
Taqwa and Personal Responsibility
In criminal justice, Taqwa signifies an intrinsic commitment to ethical conduct and social responsibility, emphasizing that punitive measures should prioritize moral rehabilitation over retribution. This principle aligns with liberal interpretations that seek justice rooted in compassion and societal welfare, rather than deterrence alone. A liberal interpretation of Taqwa champions personal responsibility as the anchor of criminal justice, focusing on moral reform and the healing of society’s wounds rather than meting out retribution. Taqwa, or God-consciousness, reflects an internal moral compass encouraging individuals to uphold integrity, not out of fear of punishment but a commitment to ethical conduct. A liberal interpretation of taqwa places personal responsibility at the heart of criminal justice, emphasizing moral reform rather than punitive deterrence. This perspective aligns with rehabilitative approaches that seek to develop ethical awareness and social responsibility, resonating with the Quranic emphasis on ethical reform over punitive retribution.
Role of Human Reason and Contextual Interpretation (Ijtihad)
Islamic jurisprudence has long upheld the value of ijtihad, empowering Muslims to interpret Quranic teachings within contemporary realities. Rahman argued that the Quran’s openness to reasoning implies that its teachings are adaptable, encouraging interpretations that reflect evolving ethical standards. By fostering an approach grounded in compassion and justice, Rahman’s double movement theory allows Muslims to reinterpret punitive measures in ways that honour the Quran’s ethical objectives while embracing modern rehabilitative principles.
Rahman’s approach is like a bridge spanning the gap between past and present, ensuring that traditional values find relevance in today’s world. Through ijtihad, the essence of Quranic teachings is like clay in the hands of a sculptor, malleable yet resilient, shaping laws that reflect both divine wisdom and modern needs.
Fazlur Rahman’s Rahman’s Double Movement Theory
Rahman’s approach entails a "double movement" — first understanding the Quranic message within its historical context and then reapplying its ethical values to present contexts. For Rahman, directives like hand-cutting for theft are historically conditioned responses to social harm, not immutable laws. He believed that the ethical goals behind Quranic punishments — deterrence, justice, and societal welfare — could be pursued through humane and rehabilitative means in modern contexts. Rahman’s double movement theory serves as a pendulum, first swinging back to understand the historical context and then moving forward, applying its ethical values to today’s society.
In Rahman’s view, Quranic law is not a relic, but a living entity—one that breathes justice and compassion into the complexities of human life.
Contextualizing Quranic Punishments through Rahman’s Ethical Lens
Rahman’s perspective argues that Islamic law should adapt to uphold the Quran’s core values. Rather than literal enforcement, he advocated for a system rooted in Taqwa, which encourages societal ideals of justice and compassion. By prioritizing ethical reform and social rehabilitation, Rahman’s approach supports modern criminal justice frameworks that reflect both divine justice and human dignity, as long as the values of deterrence and moral integrity are preserved.
The examination of Quranic punishments through a liberal lens, as articulated by Fazlur Rahman, Farid Esack, and Ziauddin Sardar, demonstrates that Islamic legal principles are inherently adaptable and ethically grounded.
This study underscores that contextualizing Quranic punishments through a liberal lens not only aligns with contemporary principles of human dignity but reaffirms the Quran’s inherent values of justice and mercy. Such a hermeneutical approach allows the enduring principles of the Quran to inform and enrich modern justice systems. A contextual hermeneutical approach doesn’t aim to water down tradition but to nourish it, ensuring that its roots reach the wells of compassion and justice in every age. The Quran's emphasis on mercy, justice, and proportionality aligns with modern rehabilitative justice principles. A contextual hermeneutical approach, supported by these scholars, calls for interpretations that integrate compassion, rational judgment, and a commitment to societal welfare. By reframing traditional punishments, a liberal perspective underscores the Quran’s enduring ethical principles, which advocate for human dignity and social harmony in contemporary justice systems.
Bibliography:
Esack, Farid, Qur’an, Liberation, and Pluralism: An Islamic Perspective of Interreligious Solidarity Against Oppression, Oxford: Oneworld Publications, 1997
Filali-Ansary, Abdou and Sikeena Karmali Ahmed (eds.), Rethinking Islam and Modernity: Essays in Honour of Fathi Osman, Oxford: Oxford University Press, 2009
Jackson, Sherman A, Islam and the Blackamerican: Looking Toward the Third Resurrection, Oxford: Oxford University Press, 2005
Rahman, Fazlur, Islam and Modernity: Transformation of an Intellectual Tradition, Chicago: University of Chicago Press, 1982
Sardar, Ziauddin, Reading the Quran: The Contemporary Relevance of the Sacred Text of Islam, Oxford: Oxford University Press, 2011
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(V.A. Mohamad Ashrof is an independent Indian scholar of Islamic humanism. He writes with a passion for developing Quranic hermeneutics that prioritize human well-being, peace, and progress. His work inspires the creation of a just society, fosters critical thinking, and promotes inclusive discourse and peaceful coexistence. He receives his mail at vamashrof@gmail.com)
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