The Method of Implementing Hudud

The Method of Implementing Hudud
(May God’s soul be sanctified)

Grand Ayatollah Mohammad Reza Nekooham

Author: Nekooham, Mohammad Reza, b. 1327

Title: The Method of Implementing Hudud
/ Mohammad Reza Nekooham

Publisher Information:
Islamshahr: Sobhe Farda Publishing, 1393 AH (2014 CE).

Physical Description: 80 pages.

ISBN First Edition: 978-964-2807-90-1
ISBN Second Edition: 978-600-7347-47-8

Cataloging Status: FIPA

Subject: Hudud (Islamic Jurisprudence)
Subject: Criminology – Religious Aspects – Islam
Dewey Decimal Classification: 375/297
Library of Congress Classification: BP195.9 SH8

Publisher: Sobhe Farda, Printed in Naqshgostar, Iran
Edition: 2nd
Year of Publication: 1393 AH
Print Run: 3000 copies
Price: 30,000 IRR

Distribution Center:
Qom, Amin Blvd, 24th Alley, first left, building no. 76
Phone: +9825 3290 1578
Website: www.nekoonam.com, www.nekounam.ir

Introduction

Understanding crime, methods of proving it, and the execution of punishments, as well as rational considerations regarding criminology and the implementation of hudud and ta’zirat in Islamic law, are the central themes of this text.

This text also explores the Islamic educational view on the execution of hudud, identifying criteria for legal rulings and ways of preserving societal boundaries.

The legitimacy of implementing hudud by the Islamic ruler and the process through which the Wali Faqih (Islamic jurist leader) in the absence of the Imam can execute hudud—especially considering the need for qualified and knowledgeable officials—is discussed, alongside rational debates on these issues. Furthermore, this work touches on the psychological aspects of recognizing crime within the context of Islamic teachings.

We have explored topics concerning criminology, the proof of crimes, and the methods for executing punishments in detail in our advanced jurisprudence lessons, which have spanned about five years, and we hope to present these lessons to the academic community in the future.

Praise is due to God alone.

Reflection on the Method of Implementing Hudud

Prevention of Crime

All social ideologies, governments, heavenly religions, and various political groups establish laws to prevent social misconduct, individual disobedience, and other forms of legal breaches to maintain the stability and survival of society. Some governments rely solely on force and threats, while others do not see force as an effective solution and instead adopt various combinations of power and persuasion. Each group has its own interpretation of the role of force and envisions different methods for promoting their ideals.

Some focus on consolidating legal structures to strengthen their position, while others rely on societal support, aiming to consolidate their position by eliminating opposition or promoting particular ideologies. Some groups prioritize propaganda, using both short-term and long-term strategies.

Denial of the Reality of Rebellion

Different groups have diverse views on crime, transgression, and rebellion. Some define sin in terms of discontent, considering disobedience as simply the absence of satisfaction or coercion. However, willingness and reluctance can align with both rebellion and reform, so they do not view rebellion as a fixed external reality, which leads to the denial of the stability of rebellion.

Among heavenly religions, there is no distinction regarding the truth of rebellion. In general, all prophets acknowledged absolute rebellion and considered it an undeniable fact. While relative matters may lead to different approaches in dealing with groups, the essence of rebellion remains constant across time and religious teachings. Islam, as the comprehensive foundation of all the fixed truths of heavenly religions, does not doubt the objective truth of the teachings of all the prophets. Islam, rooted in the deep tradition of Ahl al-Bayt, shapes the relationship between humans, society, and divine law in a unique manner, particularly in regard to rebellion.

Sin and the Sinner

Islam accepts the general principle of rebellion explicitly and unequivocally, recognizing certain acts and groups as sinful. Sin, as understood in Islam, is a tangible reality in human society, although in some cases, the nature of the act may be defined or mitigated, with specific examples provided.

Islam offers a philosophical perspective on sin, reflecting its profound understanding of human nature and society. While Islam rejects sin and expresses strong disapproval of it, it seeks to guide the sinner with compassion and rehabilitation, viewing them as ill or morally weak up to a certain point. However, if the sinner persists in their wrongdoings, they are considered corrupt and deserving of punishment.

Proving Crime and Following Up

Islam is strict in proving sin and criminal acts and does not immediately assign blame without substantial evidence. While it exhibits severity in dealing with proven transgressions, it requires a rigorous process of verification.

Criminology and Boldness

Recognizing crime and individual rebellion is of immense importance in Islam, and proving a crime is not easily done unless the individual openly commits an act such as fornication or theft, where the law offers little leniency. The process for proving such crimes, like adultery, is strictly regulated, with stringent requirements for witnesses, who must be four rational, mature, and just men providing consistent testimony. If any conditions are not met, the crime cannot be proven, and the witnesses themselves could face punishment.

For instance, in the case of adultery, Islam does not easily allow the crime to be proven, setting a high bar for the presentation of evidence, which aims to protect individuals from unjust accusations and ensure that the law is not applied prematurely.

It should also be noted that some sins have a natural aspect, while others have non-natural causes, stemming from the environment of the family and childhood, as well as psychological traumas resulting from poverty, violence, injustice, divorce, or illicit wealth. These factors manifest as crimes and sins. Such sins, which a person is predisposed to commit, even to the extent of being capable of committing them, are often a form of illness. In this regard, criminology must be developed and utilised in judicial courts, differentiating between psychological criminals and naturally inclined ones, so that all are not judged uniformly. One of the most crucial tools to be employed in the judicial process is psychology, as without it, one cannot enforce penalties or pass judgement on certain matters.

Furthermore, many crimes and sins are considered to be forgivable, and we do not deem the execution of punishment or chastisement permissible for someone who has repented from such sins. One of the evidences for this is found in verses 68 to 71 of Surah Al-Furqan, which states: “And the servants of the Most Merciful are those who do not invoke another god beside Allah, and do not kill anyone whose killing Allah has forbidden, except for a just cause, and do not commit adultery. And whoever does this will meet punishment. The punishment will be doubled for him on the Day of Judgement, and he will abide therein humiliated, except for those who repent, believe and do righteous work. For them, Allah will replace their evil deeds with good. And ever is Allah Forgiving and Merciful. And he who repents and does righteous work has certainly turned to Allah with an acceptable repentance.”

This verse is one of the most significant verses regarding Allah’s mercy in the Holy Quran. It does not refer merely to sins resulting from carnal desires, but rather to sins rooted in the heart — sins that arise from defiance, heresy, and arrogance. The verse highlights that the path to repentance from such sins remains open. These are sins whose punishment is eternal hellfire, humiliation, and perpetual disgrace, yet even for these sins, the way to repentance remains open. Not only does Allah forgive such sins, but He transforms them into good deeds, and the concept of Allah being the “Veiler” on the Day of Judgement is illustrated by this notion. If Allah wills to conceal a sin on the Day of Judgement, He transforms it in such a way that no trace of it can be found. These are among the gravest sins, and those who commit them are often those who are unruly. Based on this principle and according to jurisprudential sources, we say that an apostate by nature (fitra) has the right to repent, and if he does so, all his property and his spouse are returned to him, and the death penalty for apostasy is not applied to him. The death penalty is for an apostate who is not repentant. Philosophically, we also argue that the transformation of sins into good deeds does not imply a change in the essence of the person, as such a change is impossible. In all realms, everything is convertible, and even matter can transform into spirit and vice versa. Ultimately, this verse reflects the great mercy of Allah, showing that not only does He forgive the gravest of sins, but He also converts them into good deeds. The more weighty the sin, the greater the weight of the good deeds that replace it, so much so that the individual is regarded as one of the righteous, and no one can uncover their past sin. Allah’s covering of sins is precisely this, just as many perfumes and cosmetic products, which appear beautiful and pleasant, originate from waste substances.

Of course, goodness can also be transformed, and seventy years of worship can be turned into a single night of sin. A Muslim, due to a wrong action or a wrong stance towards the divine figures, can become an atheist, and seventy years of worship, including efforts, imprisonments, and sacrifices for learning, could be wasted, and all his righteousness would be written as sin. This occurs because his essence, with all its possessions, has changed. This is only true when God’s wisdom and justice come into play, and the concept of mercy and grace is no longer applicable, particularly when an individual deliberately creates obstacles for the divine and the righteous.

This verse and others like it negate all forms of violence, unrest, deprivation, corruption, dogmatism, stagnation, arrogance, exclusivism, selfishness, dryness, and rigidity in religion. If such traits are found in religious individuals, they stem from their own nature, not from the religion they follow — unless their religion is impure and tainted.

Execution of Punishments in the Era of Occultation

One of the fundamental issues of difference, which forms the basis for many religious practices in social matters, is whether the Shari’a ruler has the authority to execute punishments and implement laws or not.

What is clear is that the enforcement of punishments and the establishment of related laws are for the common welfare and the order of society, and are not specific to the time of the occultation or presence [of the Imam]. Muslims are always obligated, and the consequences of their actions are the same, regardless of time. Another reason is that the proofs for the enforcement of punishments, whether Quranic or narrational, are general and not confined to a particular time or person, as this matter concerns society, not an individual.

The hadith states: “The establishment of punishments is to the one who holds the authority.” In the era of occultation, this task is within the jurisdiction of a qualified jurist.

Therefore, Islam is a religion of community and action, and its leadership pertains to a person, whether during the time of presence or during occultation, which is our current discussion. The issue, however, is whether the Shari’a ruler and the Wali al-Faqih alone can govern society or whether many individuals must be involved in the enforcement of punishments. According to the narrations, these individuals must not be those who themselves are subject to punishment: “And the one who has a punishment upon him, let him not enforce the punishments of Allah.”

The Shari’a ruler must manage society with capable individuals, but in this era of occultation, when there is a lack of action among officials, what should be done? Should the Wali al-Faqih remain uncertain or suspend the enforcement of punishments? Or should he implement punishments with the available individuals?

There is no confusion on this matter, as suspending punishments is contrary to the preservation of religion and the value of Islam. On the other hand, executing punishments in a society with corrupt individuals is not appropriate and not commendable. The only two options available for the jurist are either to manage the society with the existing individuals and delegate the enforcement of punishments to those who outwardly seem appropriate, allowing individuals to either reform themselves or exacerbate their own burdens in the hereafter, or to train suitable individuals before implementing punishments, preparing them with solid principles. However, this is a difficult task and has not been successfully achieved until now.

Therefore, the only course of action left is to implement punishments with the best available individuals, acknowledging that beyond this is not possible and not abandoning the matter entirely. This is necessary in the era of occultation, and it is a requirement. Alternatively, the Wali al-Faqih must prioritize the preparation of individuals and the guidance of the religious community. In the end, the leadership can only be entrusted to someone who is just, and the leadership of religion requires justice during the occultation, not infallibility, which is only for the time of the Imam’s presence.

This issue, therefore, pertains to a smaller, detailed discussion rather than a broader one: Islam is a religion of governance and society, but the question is who should hold this authority and with what qualifications? And while the authority to enforce punishments exists, the question remains as to who should be entrusted with its execution.

Attention to Obstacles in the Implementation of Hudud (Islamic Punishments)

Nonetheless, our point is that Islam has established the necessary foundations to purify society from crime and misdemeanours, as well as to address conflicts, some of which are violent. It has provided preventative rulings within the framework of the Islamic judicial and penal system that apply both during the presence and absence of the ruler. The key issue here is that, although the Hudud (Islamic penal limits) are preventive measures and are meant to deter corruption, it is necessary to first address the obstacles that may hinder the effectiveness of such preventative measures.

If, in a society, obstacles are so numerous that the mere implementation of Hudud cannot effectively reduce public corruption, then its execution becomes ineffective and even un-Islamic; in fact, it could even backfire.

Avoiding Oppression of the Weak

The Islamic Hudud can only be implemented in a society where there are not widespread individual and social deficiencies, such as cultural and economic poverty or the prevalence of moral diseases. In such a society, public morality should not be sacrificed for the meagre needs of a small minority.

In such a society, rather than imposing Hudud on the general public, laws should be established and implemented that address societal dysfunctions and return the ordinary way of life to its natural state.

In a society where rebellion and defiance are consequences of widespread public dysfunction and coercive social issues, there is no justification for the implementation of the Hudud. This is because the rational and practical grounds for the implementation of the Hudud are undermined when rebellion is widespread as a result of social dysfunction; rather, such defiance is often driven by the moral sickness of a few individuals.

Therefore, the execution of the Islamic Hudud is only feasible in a society where the majority of people are not involved in behaviours warranting such punishments, and only those morally corrupt individuals should face such consequences.

In a society where exploitation and plundering by the few have led to widespread poverty and suffering, the execution of the Hudud would not only be ineffective but also un-Islamic. The justification for its execution in such circumstances does not exist.

The Islamic Hudud should serve to address the moral corruption of those who are morally sick and rebellious, not to oppress the weak and disadvantaged.

Traffic Fines

Some individuals, under the guise of law enforcement and justice, exert pressure on the weak, while in reality, their actions perpetuate injustice. A prime example of this issue within the Islamic system is the continuous enforcement of laws against the weaker segments of society while the powerful and wealthy evade responsibility.

For instance, while the culture of road safety in Iran is still underdeveloped and accident rates are high, police officers who exercise their authority over hard-working drivers, for example, fining them for a dirty license plate, act in a manner far removed from justice. Instead of showing empathy and understanding for a tired driver, they resort to bullying tactics, showing no mercy. Clearly, this is not an example of justice, and the police force has failed to properly train these officers in correct conduct.

Justice must not involve oppressing the weak while magnifying the insignificant faults of the powerless, all the while letting the powerful escape unscathed.

To reduce the number of accidents, a cultural foundation must be laid. Rather than religious scholars teaching the vulnerable about optional prayers, social etiquette should be taught to police officers so they can interact with every citizen humanely, rather than treating hardworking drivers like criminals. If people see such interactions, they may prefer selling cigarettes over being a driver, investing their resources in that direction.

The police should embody a force that fights the “leaders of disbelief” (as mentioned in the Quran) and confronts the real culprits, while exercising compassion with the innocent and powerless.

The Importance of Preventing Poverty and Social Deprivation

Islamic punishments should not be applied to the poor, while the wealthy and powerful are exempt from them. Hudud laws should only be implemented when poverty and deprivation have been alleviated from society, so that no one resorts to theft or immoral acts due to economic pressures. If the causes of crime are removed, and poverty and misery are eradicated, with easy access to employment, housing, and marriage, then the need for the application of many Hudud laws will be minimized. When society has regained its health, it is then that even one Hudud should not be neglected. However, such applications must be regulated, and some punishments may be waived with leniency, as the Quran indicates in the verse: “To admit the believing men and believing women to gardens beneath which rivers flow, to abide therein, and to forgive them their sins: and that is, in the sight of Allah, a great triumph.”

Hudud laws will only be applicable when the society is capable of implementing them effectively, otherwise, their implementation could be harmful. The execution of these laws must be prioritised, as it is not possible to implement all laws at once. Each punishment requires certain preconditions and cultural foundations.

For example, some municipal officials wrongly deal harshly with street vendors and the poor, treating them as criminals for minor offenses, such as blocking streets or not paying taxes, which should be spent on the poor. While their actions might not be entirely justified, the municipality should not treat them as criminals and instead, should provide areas where they can work without causing disruption to society. The approach to these individuals, suffering from poverty and weakness, should be compassionate, with an understanding of their struggles.

The government must take care to ensure that the rich do not exploit the poor and the vulnerable. Instead of focusing on petty misdemeanours, the system should target those who exploit the wealth of others, causing harm to society.

Conclusion

Islamic Hudud and other criminal laws should be executed in a society where the normal course of life is free from sin and crime. In societies where sin is forced upon individuals due to external circumstances, the implementation of these punishments has no basis. In such cases, preventive measures should be prioritized over punishment.

Furthermore, Islamic punishments must always be conducted in a manner that preserves their dignity and magnitude, ensuring that they serve as a deterrent while avoiding excessive or arbitrary punishment. The underlying philosophy of punishment in Islam is reformative rather than retributive, and any implementation of these laws must be based on a careful understanding of the social context and the individual’s circumstances.

**The inclination towards penal systems arises more from violent tendencies than from moral considerations. Those who focus on the deterrent aspect of punishment consider punishment to be legitimate and just if it instills fear and terror in others. Such an approach to punishment promotes violence, and unfortunately, the field of law has not been immune to this violence-oriented mindset. This, in turn, leads to citizens becoming weary and disillusioned with adherence to regulations, pushing them towards criminal behaviour. This is in contrast to the reward-based system, which fosters vitality and freshness within society, soothing its nature with a breeze of purity and creating expansion and openness. People feel that they are moving towards self-fulfilment in a free environment. In contrast, the penal system induces contraction and a sense of constraint, with discipline achieved through the enforcement of retribution.

To prevent crime and delinquency, it is essential to promote social knowledge and a culture of justice, emphasising the values of encouragement and highlighting the sanctity of forbidden matters and duties prescribed by divine law. Individuals should be guided from this perspective rather than through penal measures that are inherently constricting. However, while the penal system is necessary and inevitable, the judicial system must consider both evil and goodness, ensuring that both aspects are acknowledged in individuals, so as to create a comprehensive educational approach.

Up to this point, several principles regarding the execution of various punishments during the period of occultation have been discussed. These principles are as follows:

1. Punishment is for the prevention, guidance, and education of individuals and society.
2. There must always be a reliable and knowledgeable source to determine the nature and extent of punishment, ensuring that its application does not lead to excess or retaliation, thus preventing the undermining of its intended purpose.
3. The judicial and penal educational system should also incorporate rewards and encouragement. This principle is so significant that we consider the application of punishment to be contingent upon it; otherwise, punishment will have the opposite effect in society and will itself become a crime that harms the community.
4. When addressing offences committed by public servants and scholars, their previous good conduct should be taken into account, and leniency should be offered based on that, rather than granting amnesty. The amnesty of a criminal leads to injustice and chaos, and contradicts the very purpose of punishment.
5. Offences should be categorised, with the judicial system prioritising more severe and serious crimes. It should not be the case that minor offences—particularly those committed by the lower classes—are severely punished, while the crimes of influential individuals, elite families, or privileged groups go unpunished. Such a process leads to public distrust in the judicial system and the governing authority.

If the judicial system only addresses minor crimes while ignoring the major crimes of influential individuals or the powerful, such a system damages society and transforms punishment into a crime itself.

The judicial system must be both just and acceptable to society. Neglecting the crimes of the influential or significant crimes while punishing the poor undermines the credibility of the penal system. In such a system, where the imposed punishments lack public legitimacy, one cannot speak of justice without it becoming a subject of ridicule and mockery.

1. What is most important in preventing crime and delinquency is cultivating an understanding of the profound concepts of “sin”, “rebellion”, and “crime”.

The Catastrophic Tragedy of “Sin” and “Crime”

Rebellion and sin are the only blows that divert a person’s thoughts from God, causing them to become preoccupied with themselves.

To achieve human perfection, two things must be forsaken: first, the abandonment of rebellion, and second, the abandonment of the thought of sin and rebellion. Although abstaining from sinful actions is important, the thought of sin also distances the heart from purity.

If a person truly understands the nature of sin, they will fear it, and when they fear it, they will avoid it.

If a person realises what rebellion is, they will never commit sin and will not be inclined towards crime.

The ability and strength to commit a transgression, or the power of desire or anger, when used in accordance with divine guidance, is virtuous and indicative of human health. What is dishonourable is the commission of a transgression that distances one from their humanity.

Sin, when understood as an opposition to the Lord, is grave due to the violation of the Lord’s sanctity, even if the act is only a minor transgression. However, if someone were to kill another, but not oppose the Lord, it would be less severe than someone who violates divine command simply due to opposing the will of God.

It should be noted that obedience holds value only when coupled with patience in the face of sin. A thousand prostrations in prayer may be nullified by a single sinful act, yet patience in the face of sin elevates one spiritually, just as a single act of worship can lead to spiritual ascension. A person who lacks the patience to endure sin may nullify seventy years of worship through a single transgression.

The Dimensions of Sin

The recognition of sin is a three-dimensional, triangular concept. These three dimensions are interdependent and together form the understanding of sin. These three dimensions are as follows: first, the sinner is aware, at the moment of committing sin, that they are distancing themselves from the truth and severing their relationship with the divine; second, they are aware of the fleeting pleasure or joy that sin brings, which leads them to deliberately choose sin over truth; and third, they are aware of the ongoing commitment to sin despite the certainty that the Divine is a constant observer.

The Earthly Consequences of Sin

If we accept that our actions have consequences, we must also acknowledge that these consequences manifest in this world, not just in the afterlife. In other words, the world is the foundation for the afterlife. In ethical and social terms, health and well-being in this world lead to spiritual salvation in the afterlife, while worldly disorder leads to eternal suffering. Thus, the afterlife is a result of the actions in this life, and we cannot claim that the benefits of the afterlife do not stem from our worldly actions. All good and evil outcomes are rooted in our earthly conduct. As it is said, “You reap what you sow.” At times, we may sow in a field, and at other times in a garbage dump, but what we sow is what we reap. Similarly, reward and punishment are a direct result of one’s actions, and religion has unveiled this truth to guide humanity toward prosperity.

Human knowledge plays a crucial role in the understanding of these truths. The more knowledge a person possesses, the better they can comprehend the religious and moral consequences of their actions. However, this knowledge must remain untainted by corruption. When knowledge is misused by oppressive powers, it can distort our understanding of moral decay and normalise what is harmful to humanity, as we see in the case of certain cultures promoting vices as art.

A healthy human being cannot be inclined towards moral degradation, but through repeated exposure and influence, one may become an addict, a murderer, or even develop sadistic tendencies, finding pleasure in self-harm. This is not a result of genuine human knowledge, but rather a distortion of knowledge itself. In this sense, knowledge serves as a light that illuminates the true nature of the world, distinguishing between good and evil. However, this truth is distorted when misused by oppressive forces.

The devil, and the sinner, often present moral decay as something desirable, and sin can lead individuals to moral decline. A person who spends their life in sin becomes accustomed to it, and eventually perceives what is wrong as right. This process is analogous to a person who, upon smoking a cigarette for the first time, coughs, but through repetition, becomes so accustomed to it that they feel the need to smoke each morning before eating or drinking anything. Eventually, this person no longer enjoys the natural world, but instead derives pleasure from an unnatural act. Thus, sin, through repetition, becomes a second nature to the individual. If one were to enter a city where everyone is blind, they would feel discomfort from possessing sight, as blindness would be the norm. The Qur’an’s teachings about this are supported by empirical knowledge.

Therefore, when someone becomes accustomed to corruption, it is as though they are a river that eventually merges with a stagnant pool, or a person continually discards waste into it. The purity and vitality of the water will be lost, just as the human body becomes clogged with excess fat and eventually experiences severe health consequences. Sin works in the same way; it creates unhealthy conditions that ultimately lead to suffering.

If one questions why non-Muslims, who may engage in numerous sins, seem to be healthier than Muslims, it must be understood that the distinction between sin and virtue is not to be treated in a simplistic or stereotypical manner. We often think that Muslims should be good, and non-Muslims bad, but the reality is that we must look at actions rather than labels. If a society is intellectual and moral, it cannot be backward or suffer hardship. When we speak of sin, we must go beyond superficial actions and behaviours. Islam is a religion of intellect, civilisation, and piety. However, if we observe the state of Muslims, we find that in many cases, they still engage in primitive practices, such as building homes on unstable ground, which leads to destruction during an earthquake. In contrast, the same earthquake in a scientifically advanced country may cause only minor damage. Therefore, the backwardness of Muslims is often a result of ignorance rather than faith. A truly civilised Muslim society would not face such setbacks.

Similarly, non-Muslims live by the results of their actions. If they experience prosperity, it is due to their knowledge and practices, while their moral shortcomings may result from their rejection of faith. Our problems are often rooted in ignorance, and the positive traits of our community are shaped by our adherence to sound principles. We have suffered under colonial rule, yet today, after decades, we are at the forefront of global discussions, a direct result of our actions.

Religion does not save us merely through its outward form, but when practiced with sincerity and knowledge, it brings prosperity both in this world and the hereafter. In contrast, if religion is hollow, we will remain deprived of true happiness. If our society, laws, and systems are not focused on ensuring true well-being, we will not reach the heights of success. The fruits of salvation in the afterlife grow from the tree of worldly health and virtue. Thus, the label of being a Muslim or non-Muslim is secondary to the real-life implementation of knowledge and action.

Our deeds have different manifestations, and the terms used to describe them represent different aspects of human actions. When we use the term “sin” (“ithm”), it indicates the void of meaning in the act. However, “dhamb” signifies the lasting consequences of sin, implying that when a sin is committed, it becomes repetitive, eventually forming a habit, and if it persists, it becomes second nature. The term “siy’a” refers to the corruption inherent in sin, and “fahsha” refers to rebellion. All the terms related to sin in Islamic discourse are designed to highlight different facets of sin, helping to illustrate its various forms. There is no true synonym in philosophy; each term describes a distinct characteristic of human behaviour.

In the system laid out by Islam for the prosperity of individuals and communities, certain actions that jeopardise the health and well-being of humans are classified as “sins” and “evil deeds.” Accordingly, a significant part of the duties of a believer, and even the religious community, is to avoid “forbidden actions” or “things that should not be done.”

This topic pertains to structure and operational principles, as every action produces consequences, and these consequences influence the human spirit. For example, regular physical exercise improves the body’s capabilities and increases overall health. Conversely, neglecting exercise leads to various diseases progressively affecting a person. Therefore, every sin has specific consequences, such as sudden death and financial difficulties, which can be the result of some sins.

A sinner may reach a point where they lose the ability to pray, and consequently, their limited prayers become ineffective. This is the natural result of sin. For instance, regarding intoxicants, it is stated that they are forbidden because they affect the brain through the stomach, bombarding it and disturbing its balance. This disruption prevents the individual from performing tasks, even ordinary actions in life. This is why the Qur’an, which addresses many issues related to sin, and all the narrations left on the subject, are based solely on the statement of reality. It is akin to stating that fire is hot and flowers are fresh—these are self-evident truths, but not always apparent to humans, and it is from here that the attraction to sin arises. All our actions have causal and consequential grounds, a concept that is taught by religions and prophets.

It is well-established that the way we think determines how we act, and how we act naturally results in corresponding consequences. In essence, “What is in the jug comes out of it.” We see the outcomes of our actions based on what is within us. This principle applies both in social and individual life. If we focus on the form, each result will reflect that focus. People who concentrate only on the external appearance and progress in their path will see the effects in that area. Meanwhile, those who prioritize the content of actions may not possess outward glamour or material wealth, but will find inner peace. This is why religious devotion and disbelief are more visible in the content than in the form.

Divine Benevolence and Retribution

As we mentioned, our actions have consequences, and these consequences are never lost, even by a hair’s breadth. However, God’s benevolence sometimes requires that a sinner’s transgressions not be recorded by the recording angels, as emphasized in some traditions. Instead, divine benevolence may extend so far that even the angels responsible for recording actions are unaware of the sin, granting the individual another opportunity to undergo a form of “re-examination.” Divine benevolence is accompanied by preparation and compensation. If God’s grace does not conceal a sinner’s wrongdoings, others will eventually learn of it, whether immediately or in the future, even years later. This happens because the sinner, during the time they have been given the chance to atone, failed to do so, and it is divine wisdom that prevents grace from intervening. God’s justice and wisdom then take precedence.

Sometimes God interacts with sinful servants with forbearance and patience. In such cases, instead of immediate punishment or harsh consequences, the sinner is given time for repentance and prayer. However, if God chooses not to act with forbearance, divine wisdom and justice take over, resulting in severe consequences. The wrongdoer, who has committed a crime without atonement, faces intense retribution, with afflictions of divine punishment sweeping over them. The names of God’s attributes such as “The Seizer,” “The Cutter,” and “The Distresser” eradicate them and their life.

In short, we must be cautious of the severity of God’s punitive names. Some crimes bring about the worst dangers and harm because they invoke God’s attributes of being “The Misleader” and “The Avenger,” leaving no room for mercy. When God decides to avenge, nothing can stand in His way, and He may drive the sinner to total destruction.

Those who persist in sinning and reject repentance are disciplined by God. However, divine discipline is always a last resort, and it is implemented only when absolutely necessary. The concept of punishment in the divine system is not devoid of mercy, as it aims to correct and protect the societal fabric. Just as social systems have punishments like fines and even capital punishment, these measures are meant to maintain order and safeguard the collective well-being. In secular systems, punishment is often used as a tool for oppression, but in divine law, it serves as a last resort for the growth and safety of the social order, ensuring psychological security for its members.

The Dangers of Complacency and Sin

One of the main factors that lead to negligence and sin is the pursuit of ease and comfort. Complacency, in itself, causes an individual to become oblivious to their own suffering, deprivation, and the misfortunes of others. It creates a sense of numbness and allows the individual to justify their negligence. For instance, upon seeing a poor person, one may think, “If God wanted, He would have given them something; they deserve their poverty.” Those whose hearts are not steadfast fall into this trap of misguidance. A person who accepts pain and hardship can find closeness to God. The greatest deterrent to sin is “pain,” and a lack of pain—the pursuit of ease—is the most misleading and harmful form of negligence.

In this state of complacency, one becomes ensnared by the name of “The Misleader.” It is through hardship, suffering, and trials that the soul is purified and strengthened, enabling one to resist temptation and sin. Therefore, one must seek refuge in God from complacency and numbness, which are the root causes of all misfortune.

The Shared System of Actions

One must avoid sin as much as possible, for many losses cannot be recovered. If one reflects on the shared nature of actions, it becomes apparent that a sinner cannot be at peace with the destruction caused by their sin, unless there is some form of compensation. The interrelated nature of actions in the world means that the consequences of individual sins affect others, even across generations. It is impossible to “please” all those affected by one’s misdeeds, particularly when these actions impact future generations.

In the shared system of actions, the sinner is never independent in the realization of their sin. External factors and other forces play significant roles in the full impact of their actions. Consequently, the punishment for sin cannot be solely individual but must consider all the contexts and circumstances surrounding the sinful act.

The Consequences of Sin in Social and Personal Realms

The consequences of sin have multiple layers, with direct, personal consequences that affect one’s relationship with God, society, and oneself. The impact of sin on one’s honor, dignity, and emotional state is profound, leading to a gradual “death” of the soul. Sin causes a person to lose their sense of self-respect, empathy, and conscience, eventually becoming numb to the harm they cause.

When sin spreads through society, it can lead to public crimes and societal decay. These public sins can result in natural calamities, such as earthquakes, floods, or disease, as the collective moral corruption of a society disrupts the natural order. Natural disasters are not merely random events but can be a reflection of the internal turmoil and disobedience of humankind.

For instance, the occurrence of earthquakes in certain areas may be linked to the level of corruption in those societies. Studies comparing seismic activity with societal corruption show that higher levels of moral decay correspond with stronger earthquakes. Similarly, the types of disasters that occur, and their intensity, can be influenced by the type of sin prevalent in society.

Thus, the divine order that governs the world responds to the actions of human beings. Misdeeds and corruption, particularly those that spread through societies, lead to natural disasters and suffering. God has granted humanity the freedom to choose, but with that freedom comes the responsibility not to bring ruin to the world through sinful behavior.

Conclusion

In the face of such consequences, it is essential to refrain from sin and seek God’s protection from the deceptive allure of ease and comfort. One must understand the shared system of actions and recognize the impact of their deeds on themselves, others, and the world around them. Through repentance and seeking God’s mercy, one can turn away from sin and restore balance to both their personal life and society.

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Divine Benevolence and Retribution

We mentioned earlier that actions and deeds have consequences, and these consequences are never lost, no matter how small. Sometimes, divine benevolence necessitates that a sinner’s transgressions are not recorded by the angels. This is emphasized in certain narrations. Divine kindness might even mean that the angels themselves are unaware of the sin, giving the sinner another opportunity to amend their ways. Divine benevolence is always accompanied by preparation and remedy. If this divine benevolence does not cover the sinner’s wrongdoings, others—whether today or in the future—will come to know about it, for the sinner, given the opportunity to repent, did not make the effort to rectify the sin. Divine wisdom prevents benevolence from taking place at times, and when that happens, justice takes precedence, ensuring that the sinner faces the natural consequences of their actions.

We must seek refuge in God so that divine benevolence does not turn into retribution and judgment, leaving no room for mercy or compassion. God deals with some sinful servants with forbearance and patience. This means that, instead of immediately meting out punishment and retribution, God allows the sinner to repent and make amends. However, if God does not choose to act with forbearance, His wisdom and justice take over, and the sinner faces severe consequences. In this case, the individual who has committed grave offenses and failed to make amends will experience harsh punishment, with calamities striking both their life and soul.

In brief, one should not be unaware of the power of God’s wrathful names, for when God decides to exact retribution, no one can stand in His way. Sometimes, this retribution leads a person to total destruction, wiping them out entirely. A sinner who has broken God’s laws must bear the consequences, as these divine attributes of wrath and retribution demonstrate that breaking the divine law comes at a cost.

Some crimes lead to the most severe consequences, for they activate the divine attributes of “misguidance” (Mudhll) and “retribution” (Muntaqim), leaving no room for leniency. If God decides to take vengeance, nothing can stop Him, and the sinner will be driven to the brink of total annihilation. Someone who engages in sin must know that these divine names are not merely symbolic; they represent real, actionable power that can bring calamities and punishments into reality. This is why it is said that it is easier to avoid sin than to repent for it. The name “Muntaqim” (Avenger) brings severe penalties for the slightest sin, and one must realize the weight of facing divine retribution, which can manifest in terrible and irreversible ways.

It is important to recognize that God’s wrath does not come without due cause. A person who, through their own actions, has broken the sacred trust or defied the divine commandments will feel the consequences of their actions in a manner consistent with divine justice. This divine retribution is part of the spiritual and social system set in place by God, and it plays a critical role in maintaining order and moral discipline.

The Danger of Comfort and the Cultivation of Sin

However, the most dangerous factor leading to sin and spiritual negligence is the “desire for comfort” or complacency. A state of ease can create a kind of spiritual laziness in the individual. It leads them to become oblivious to their own failings, the sufferings of others, and the realities of life. In a state of comfort, the individual may justify their indifference toward the struggles of others, thinking that if God wanted, He would have given them what they need. The complacent person loses their sense of urgency and moral compass, ultimately spiraling toward spiritual disaster.

A person who is complacent may become spiritually numb, able to justify neglecting their moral obligations. The greatest obstacle to sin is “pain” or hardship. It is through enduring life’s struggles that a person becomes spiritually alert and gains strength to avoid rebellion and wrongdoing. The desire for ease and the absence of suffering can cloud one’s judgment, leading them into a state of spiritual darkness. It is this state of comfort and lack of awareness that one should seek refuge from, asking God for the strength to avoid this path of spiritual blindness and disorientation.

The Collective Nature of Actions

It is crucial to avoid sin, for some losses are irreparable. If we consider the interconnected nature of our actions within the world, it becomes clear that one’s sin can have ripple effects that harm others. How could anyone truly be content with causing harm to others through their own sinful actions? In a world governed by the principle of interconnectedness, our deeds are never isolated, and they affect the collective well-being of society. This principle calls for a deep sense of responsibility and awareness of the consequences of one’s actions, not just for oneself, but for the world as a whole.

Bibliographic Information:

• Author: Mohammadreza Nekounam, born 1327 (1950).
• Title: Shive-ye Ejra-ye Hudud (شیوه‌ی اجرای حدود) / Methods for Punishment Execution (in English on the back cover).
• Publisher: Isfahan: Sobh-e Farda Publications, 1393 (2014).
• Physical Description: 80 pages; 21 x 11 cm.
• Series: Mojmo’e Asar (مجموعه آثار), No. 50.
• ISBN: 978-600-7347-47-8.
• Price: 30,000 Rial.
• Cataloging Status: FAPA (Farsi Authoritative Publications Archive).
• Notes: Previous edition published by Zohur-e Shafaq in 2007. Second printing. Bibliography is presented in footnotes.
• Subjects: Hudud (Islamic Punishments in Jurisprudence), Criminology — Religious Aspects — Islam.
• Library of Congress Classification: BP 195/6 N8 Sh9 (1393).
• Dewey Decimal Classification: 297.375.
• National Bibliography Number: 3679107.