In Islam, a pardon may be granted by an individual or group of individuals, and by a corporate body or institution, including state authorities ― Hafiz Hassan

AUGUST 30 ― There is more in Islamic criminal law than the crimes of hudud crimes and qisas. There are the much larger crimes of ta‘zir.

Contemporary Islamic law scholar Mohammad Hashim Kamali explains ta‘zir as “basically an open-ended category [of crimes] that extends to almost all other punishments outside the ḥudud and qiṣaṣ wherein the judge and the head of state may exercise discretion in determining a deterrent punishment for an offence in light of circumstances surrounding the case and condition of the offender or else to grant amnesty if they deem it to be the best course of action”. (See “Amnesty and Pardon in Islamic Law with Special Reference to Post Conflict Justice,” Islam and Civilisational Renewal, v.7, no.4, October 2015) (Emphasis added)

Kamali further explains that ta‘zir is a sub-theme of siyasah shar’iyyah or Shariah-oriented policy. Siyasah empowers the authorities to act in accordance with the spirit and objectives of Shariah (maqasid al-shariah) even to the extent of departing from scholastic interpretations and ijtihad.

So, how is it that Malaysia’s process of pardoning a criminal is not in line with Islamic teachings, as claimed by PAS president Tan Sri Abdul Hadi Awang?

The Arabic word for pardon is afwa which, according to Kamali, subsumes all of its three English equivalents: amnesty, pardon, and forgiveness.

In Islam, a pardon may be granted by an individual or a group of individuals, and by a corporate body or institution, including the state.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.