اسلام اور دیگر مذاہب میں سزا کا تصور: اسلامی سزاؤں اور مستشرقین کے اعتراضات کا تجزیہ (احکام القرآن لجصاص،الجامع لاحکام القرآن لقرطبی اورالتفسیر المنیر کی روشنی میں)

The Concept of Punishment in Islam and Other Religions: An Analysis of Islamic Punishments and Orientalist Objections (In the Light of Ahkām al-Qur’ān by al-Jaṣṣāṣ, al-Jāmiʿ li-Aḥkām al-Qur’ān by al-Qurṭubī, and al-Tafsīr al-Munīr)

Abstract

Throughout human history, the relationship between crime and punishment has remained a central question. Every civilization and religion has devised some system of punishment to preserve its social order and establish justice. In ancient religions and traditions, punishment was often rooted in vengeance or customary practices, whereas modern legal systems link it with state authority and the preservation of social peace. When Islam presented its concept of punishment, it was neither based on revenge nor on blind imitation; rather, its purpose was the protection of human life, property, honor, and security. The Qur’an and Sunnah define punishment as a moral and reformative duty, intended to deter individuals from crime and safeguard society from corruption and disorder.Despite this, some Orientalists have raised objections against Islamic punishments, portraying them as harsh, inhumane, and impractical. These objections can only be addressed by understanding the true philosophy of punishment in the light of Islamic sources and authoritative works of exegesis. In this regard, Ahkām al-Qur’ān by al-Jaṣṣāṣ, al-Jāmiʿ li-Aḥkām al-Qur’ān by al-Qurṭubī, and al-Tafsīr al-Munīr by Wahbah al-Zuḥaylī hold fundamental importance. These works not only clarify the Qur’anic rulings from a legal perspective but also highlight the moral and social objectives of punishment. Their study reveals that the Islamic penal system is grounded in justice, mercy, and reform, and in comparative analysis with other religions, it appears more balanced, just, and humane.