Imam Jamil Abdullah Al-Amin, and the Death Penalty, Part 1
by El-Hajj Mauri' Saalakhan

On May 17th, beginning at 9am, a demonstration is scheduled to be held in front of the Fulton County Court House in support of Imam Jamil Abdullah Al-Amin (insha'Allah). The purpose: to call attention to, and oppose, Fulton County District Attorney Paul Howard's decision to pursue the death penalty in this case.

Between 1976 (when the death penalty was reinstated by the US Supreme Court) and February 20, 2001, there have been 697 executions in America. A recent study by a Columbia University professor of more than 4,500 death penalty appeals filed from 1973 to 1995 indicated that 68 percent of the convictions were reversed because of problems in state jurisdictions' capital punishment systems around the country. (USA Today 2/20/01) Approximately a year ago, Governor George Ryan reenergized the national debate over capital punishment when he ordered a moratorium in the state of Illinois - following the release of Anthony Porter, who spent nearly 16 years on death row (coming within two days of his execution), and a series of reports by the Chicago Tribune newspaper. The Governor noted, "The death penalty was just words to me . But when I became governor, I became, I guess, the executioner. And I asked myself whether I had a realization of what that really meant. People are starting to understand that there's a possibility that innocent people are going to be put to death. I don't think anybody wants that on their hands or their consciences. It's just a matter of right and wrong." If only it was that simple. Governor Ryan is a unique and courageous public official. He reminds me of the saying, "Blessed are those who forge first to bring the way for others." Since his principled stand, other public officials have begun to reassess their respective positions on capital punishment in America, and for good reason. Factors such as police and prosecutorial misconduct; inexperienced legal representation (coupled, more often than not, with inadequate resources for capital cases); faulty eyewitness testimony; false testimony by jailhouse snitches; and racial and class disparities (predicated on bias), should cause any objective and fair-minded observer to have some measure of pause. The system is fraught with error and unfairness; this reality has been underscored time and time again. At least eighty-two convicts - including nine on death row - have been exonerated in the past 12 years by DNA testing, which involves comparing someone's bodily fluids or hair samples with biological evidence left at crime scenes. (DNA is the cellular acid that carries a person's unique genetic code.)

A Muslim's View of Capital Punishment

As a Muslim I have no problem with the general principle of capital punishment. I accept that certain crimes warrant such punishment/retribution, and that in a truly just society capital punishment could serve as an effective deterrent. But herein lies the reason why I must oppose the implementation of capital punishment anywhere in America, and other parts of the world, for that matter. The deen (or system) of life known as Islam considers life so sacred that the murder of one human being is akin to the murder of the whole of humanity. The Qur'an says:

"If anyone slew a person - unless it be for murder or for spreading mischief in the land - it would be as if he slew the whole people. And if anyone saved a life, it would be as if he saved the life of a whole people." (S 5:35)

The Sacred Quran spells out in clear detail the unique circumstances under which a death penalty may be sought; and in certain cases, such as homicide, even allows for the involvement of the family of the deceased in the process of determining what would constitute a just punishment:

"Nor take life, which Allah (God) has made sacred, except for just cause. And if anyone is slain wrongfully, We have given his heir authority to demand Qisas (life for life), or to forgive; but let him not exceed bounds in the matter of taking life; for he (the aggrieved) is helped (by law)." (S.17:33)

In other verses of the Qur'an dealing with this issue, both compassion and justice are recommended as the twin guiding light:

"We ordained therein [in previous revelations]: Life for Life, eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds equal for equal. But if anyone remits the retaliation by way of charity, it is an act of atonement for himself (for some of his past sins). And if they fail to judge by the light of what Allah has revealed, they are no better than wrongdoers." (S. 2:178)

And further,

He who is pardoned by the aggrieved shall be prosecuted according to usage, and shall pay (the individual or family) a liberal fine (compensation). This is a concession and a mercy from your Lord. He that transgresses thereafter shall have a stern punishment." (S. 2:178)

As stated before, all life is sacred; and it is for this reason that a death penalty - the ultimate punishment that any society can impose upon a human being - must only be implemented for just cause, and after the most careful consideration. Any society with a death penalty scheme should have justly balanced scales for determining its implementation. As the Qur'an says:

"O you who believe! Stand firmly for justice as witnesses to Allah (God), even as against yourselves, or your parents, or your kin; and whether it be against rich or poor, for Allah can best protect both. Do not follow the lusts of your heart (ie., passions of the moment), lest you swerve. And if you distort justice, or decline to do justice, verily Allah is ever mindful of all that you do."

In America, there is a cavalier regard for life from the top down; and it's the poor and racially disenfranchised who bear the brunt of this nation's bloodlust. (And innocence is no guarantee of immunity!) If this isn't enough to enable you to understand why a supporter of capital punishment would oppose the death penalty (anywhere in America), I'll leave you with some closing food for thought. The venerated Prophet Mohammed (peace and blessings of Allah be upon him) is reported to have said: "It is better to let ten guilty men go free, then to wrongfully punish one innocent man."

Share your thoughts and ideas on this issue with others