Religious NGO Jamiyyathul Salaf has called on Attorney General (AG) Azima Shukoor to amend the government’s draft bill on the implementation of death penalty, urging that convicts be beheaded or shot instead of given lethal injection.
In letter to the AG proposing its recommendations for the bill, Salaf explained that by beheading the convicted murderer, the pain he endured would be reduced while the heirs of the victim would still receive satisfaction.
Salaf argued that Islamic history had precedents for this form of execution, while the purpose of Qisas – an Islamic legal term for equal retaliation which follows the principle of Lex talionis (‘an eye for an eye’) – would be achieved if it acted as a deterrent to others from committing such crimes.
Salaf also expressed support for the execution of convicts through firing squad, noting that scholars of Islamic jurisprudence had spoken in favour of the method.
The Attorney General in 2012 announced that the government had drafted a bill on implementing the death penalty through lethal injection, and presented it to the public for comment.
Salaf disputed the reliability of this method, contending that such injections have been proved ineffective in executing a convict within a single needle.
The NGO argued that due to the West’s opposing stance towards death penalty, the Maldives could face difficulties and restrictions in receiving stocks of lethal injections, which would be a “perfect excuse for any president who does not wish to enforce the death penalty”.
“If that is the case, it is a huge injustice to society. It is very dangerous that the current draft paves way for one government to execute it while another can make excuses to not execute it. It is unacceptable. Even today, convicts in several countries are still un-executed because of the non-availability of such injections,” Salaf said.
Salaf also proposed several other recommendations including barring intoxication as a legal defence for the crime of murder, meaning that even involuntary intoxication would not commute a convict from facing the death penalty. Salaf argued that if intoxication could be considered a defense, the purpose of implementing death penalty would be undermined as an accused could always misuse the defense of intoxication to avoid execution.
The current draft bill stipulates that the death penalty should be given to a convict who has murdered someone while in possession of his senses and conscience. In theory, a murder committed while under the influence of a substance will therefore not attract the death penalty.
Salaf also recommended that the current position of the bill on minors should be abolished and that even minors should face execution as soon as the final verdict is made.
Currently the bill stipulates that should a convict who is a minor, pregnant or in a critical medical condition be found guilty of murder, the execution shall be delayed.
Among other recommendations, Salaf proposed amendments to the number of judges that should hear a case concerning death penalty.
Salaf proposed that at a lower court level, the case should be heard by a panel of three judges, while a four member panel should hear such a case at the High Court and a five member panel at Supreme Court level.
Salaf also urged that such cases concerning the death penalty must be heard by male judges only. The NGO also recommended that a clause be included in which before the execution the convict should be given the opportunity to repent and carry out a short prayer.
According to current stipulations in the bill, a suspect found guilty of murder should also be provided with the opportunity to meet his family on the day of execution and say their last farewell.
Salaf in its recommendations called upon the attorney general to remove the clause in the draft bill giving the President the power to commute any death penalty sentence to a life imprisonment sentence, claiming that such a clause defeated the overall purpose of the bill.
Meanwhile, the attorney general’s office has said that it has looked to procedures followed by Egypt, Malaysia and the US in carrying out the death sentence, while also obtaining the opinions of religious scholars and lawyers.
Push for the death penalty
In October last year, the government announced its intention to introduce a bill in the People’s Majlis to guide and govern the implementation of the death penalty in the country.
“It is currently a punishment passed by the judiciary and a form of punishment available within the penal system of the Maldives,” said Home Minister Dr Mohamed Jameel at the time.
“But for full guidance and matters governing the matter, legislation is required,” he added.
The last person to be judicially executed in the Maldives was Hakim Didi, who was executed by firing squad in 1953 after being found guilty of conspiracy to murder using black magic.
Statistics show that from January 2001 to December 2010, a total of 14 people were sentenced to death by Maldivian courts.
However, in all cases, the president at the time has commuted these verdicts to life sentences.
Speaking to Minivan News, President of Jamiyyathul Salaf Abdulla Mohamed stated that the current bill by the attorney general was “incomplete” as it had only focused on death penalty, and said that the principle of Qiasas was much broader.
“For instance, the bill does not give a remedy to the victims who are subjected to assault and other bodily harm. They should also get a legal remedy. However the bill is more focused on death penalty,” he said.
Asked if the NGO was of the view that victims could get a fair trial, given the present concerns raised over the impartiality and competency of the Maldivian judiciary, Abdulla Mohamed said the NGO had proposed recommendations to the judiciary on the issue.
“We have previously sent recommendations to the authorities concerning the state of judiciary. We have clearly highlighted the necessary qualifications and standards that a judge should have,” he said.
However, he rejected claims made by critics of judiciary that the judiciary was unprepared to implement death penalty, stating that it was just a “mere excuse” to avoid the laws of Allah prescribed in Sharia’ law.
“There are other laws passed such as the law against the abuse of women and several other laws where the authorities make efforts to ensure they are enforced and that justice is delivered. Why can’t it be the same in a law that lays down the principles of Islamic Sharia’?” he questioned.
He further said that Islamic Criminal Law was very broad and very detailed, such that there are several conditions and requirements that have to be fulfilled before giving a punishment.
“The purpose of death penalty in Islam is to ensure that the orders of Allah are followed. It is an obligation to all of us as Muslims. Secondly, Islam greatly values a human being’s right to life. No one has the right to take the other person’s life. If he does so, he has to be punished,” he stated.
However the death penalty does not always mean one has to be executed, he explained. There are alternatives, as if even one heir decides to forgive the convict, he cannot be executed. Similarly, it is up to the heirs to demand blood money instead of the death penalty, and that even blood money can be forgiven if the heirs wish to do so.
Speaking to Minivan News previously, former Foreign Minister and UN Special Rapporteur on Human Rights in Iran Dr Ahmed Shaheed has identified the “pathetic state of the [Maldives] judiciary” as one of the key human rights concerns he believed needed to be addressed in the country.
“[The judiciary] is not only corrupt, but also coming under the influence of radical Islam, even to the extent of violating codified laws of the Maldives and clear international obligations,” Dr Shaheed claimed.
“Disregard for rule of law has also meant that a culture of impunity is deeply entrenched, rendering many of the human rights of the people meaningless.”
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Pack your bags (also Ali Rameez & Adhaalath) and go back to Afghanistan. Don't want to see an Islamist Maldives where women and children are slaves to a cult of blood thirsty barbarians.
“including barring intoxication as a legal defence for the crime of murder, meaning that even involuntary intoxication would not commute a convict from facing the death penalty.”
“..Salaf also recommended that the current position of the bill on minors should be abolished and that even minors should face execution as soon as the final verdict is made.”
Well, it’s time to pack my bags and get out of here.
I don't want to live in this psedo-Pakistani/Afghanistan wannbe country.
" Religious NGO " Peace loving religious guy I see.
classic islam bashing article by Minivan AGAIN! Bravo for your 'special' kind of journalism. Islam bashing is like sex for Minivan. So refreshing.. dho?
@human being
Where is the islam bashing? I don't see it.
Wait....are you embarrassed that your religion has such cruelty and barbarism in it? Looks like the 'religion of peace' isn't too peaceful after all. All I'm seeing are ancient arab practices being introduced into the modern age under the guise of a false religion that people follow not because they actually chose to believe it, but because they were born and raised as one. Just like when people have Internet Explorer and use it because it was there when they started.
This is a great move though. I would suggest that the authorities implement these suggestions as soon as possible. Tourists would love it, and feel so much safer. Innocent lives may be taken, but that's okay. God said it's okay in 'his' book ages ago. Killing kids..? No biggie.
The Police simply cant find the murderer out the court cannot make them guilty the Police and the courts are more concern to arrest politicians MPs after the legally elected Government.
Why do they need en Injection?
During time of Prophet Mohamed there nothing so call en Injections for execution.
Why Salaf ask for it?
@the dajjal who replied to me.
For the blind light is useless. So i do not expect the kuffar to see beauty of Islam. Islam is fair and gives protection to all. Islam is the religion of no-nonsense. If you are a criminal you will be dealt with harshly in islam. this bla bla about love and love can cure any disease is just blah blah. We muslims are pragmatists. If somebody is beyond repair he shall be uninstalled to make space for other resources.
I don't expect brain dead kaafirs to understand this much even.
salaaam
The incompetence of the judiciary is termed as a ' mere excuse' by these Salaf nitwits. do they even know that Islam does not call for death at the slightest suspicion, Islam above all calls for justice for the guilt to be proven beyond even a grain of doubt for death penalty to be implemented. And even then as far as I know mercy is what is most encouraged in Islam. Why don't Ali Rameez and this Salaf crowd do us all a favour and behead themselves or go and set up shop next to the chop chop square in Saudi Arabia. They will be in seventh heaven every time a human being is chopped there. these guys bring shame to our religion and to us Maldivians.
in the United States though the most common method in recent decades has been lethal injection. In 2012, 43 inmates were executed in the country.
Capital punishment in the United States is limited under the Eighth Amendment to the United States Constitution to cases of homicide, crimes against the state, high-level drug trafficking and crimes against humanity committed by mentally competent adults.[1] In practice, it is only ever used in cases where aggravating circumstances exist, including aggravated murder, felony murder, and contract killing.
Capital punishment was a penalty for many felonies in common law, and was enforced in all the American colonies prior to the Declaration of Independence. The death penalty is currently a legal sentence in 33 states and in the federal civilian and military legal systems. The methods of execution and the crimes subject to the penalty vary by jurisdiction and have varied widely throughout time, though the most common method in recent decades has been lethal injection. In 2012, 43 inmates were executed in the country.[2]
Capital punishment is a contentious social issue in the U.S. While historically a large majority of the American public has favored it in cases of murder, the extent of this support has varied over time. There has long been strong opposition to capital punishment in the United States from certain sectors of the population, and as of 2012, 17 states (as well as Washington, D.C.) have banned its use.[3] While the level of public support today is lower than it was in the 1980s and 1990s (reaching an all-time high of 80 percent in 1994), it has been largely static over the past decade.[4] A 2011 Gallup poll showed 61 percent of Americans favored it in cases of murder while 35 percent opposed it, the lowest level of support recorded by Gallup since 1972.[5] When life in prison without parole is listed as a poll option, the public is more evenly divided; a 2010 Gallup poll found 49 percent preferring the death penalty and 46 percent favoring life without parole.
Hmmm...lethal injection is not nearly bloody enough, I guess.
@human being: If giving news coverage to Jammiyyathul Salaf's statements counts as bashing Islam shouldn't you be accusing Jammiyathul Salaf of bashing Islam? You're funny.
@human being
Really?! You are pragmatic - because you are a Muslim? So why does a land full of pragmatic people such as Afghanistan, Sudan or Somalia are in such suffering? And when do you plan to move to them - for they are more pragmatic than even Maldives.
You call yourself a pragmatist "human being", yet label victims of rape as criminals. People like you deserve worse than a death sentence.
Our life in this world will be of suffering. We muslims do not consider death as end of life. So life is a challenge, and we don't mind it. our goal is higher, mightier.. than the kuffar can imagine..
a lethal injection, it should be.you don't want to die with all your blood splattering all over or your head rolling in the floor.at least lethal injection is like sleeping & despite of his crime a criminal should be given a smooth kiss of death.
@human being:
Okay, then go back to pakistan and blow yourself up, emo kid.
We don't buy into your scam.
@human being on Tue, 26th Feb 2013 11:36 PM
I believe that you believe what you say. BUT, leave me out. Please. Please. Don't try to take me or my family to your heaven. It will good for you. You see, you can have those virgins reserved for me. And you would have an extra palace too. So, please, leave me and my beautiful country, Maldives, out too.
@andhiri andhirin
the god who created >60 galaxies for each of us 6 billion or so ppl is verily able to create a handful of virgins for his servants. [the numbers according to scientists are just what is visible to us].
it amuses me just how soon you have discounted god.
@Andrew Andreas,
I guess you prefer the cheap quickies that could liven up your brain with STDs and HIV??no wonder??!! must be a supporter of Darwinism??the Ape brains can live up to Apes!!TSK TSk
Has the Jamiyyathul Salaf considered DEATH BY A THOUSAND CUTS as a suitable form of islamic punishment?......you tie the hapless victim to a post, chop them a thousand times with a machete and then watch then slowly bleed to death......ofcourse if the hapless victim is female, you publicly flog her first.
You barbaric neanderthals make us hindus look cultured and civilised by comparison.