Lesson video

Hello, welcome to this lesson today on Islam and the treatment of criminals.

My name is Mrs. Rawbone, and I'm your RE teacher for this lesson.

In today's lesson, you will be able to explain different views on the treatment of criminals, including Islamic ones.

Keywords that we'll be using are "humane," "justice," and "torture." Humane means showing kindness, care, and sympathy towards others, respecting their dignity, and aiming to reduce suffering.

Justice is ensuring fairness by responding to crimes in a way that holds the offender properly accountable.

And torture is when someone is deliberately caused extreme pain or suffering, either to punish them, scare them, or force them to do or say something.

Today's lesson will form two parts.

We'll be looking at the treatment of offenders and Muslim responses to the treatment of offenders.

So let's get started on the treatment of offenders.

Andeep and Aisha are discussing different approaches to the treatment of offenders.

Andeep says, "Some people argue that those who choose to commit crimes deserve to face harsh consequences." Aisha says, "Others say offenders should be treated fairly, not harshly, to help them change and to reduce future crime.

Let's have a look at how their views might work in practise.

An extreme example of the approach Andeep is describing can be seen at Guantanamo Bay, which is a US-run military prison in Cuba.

Established after 2001 to detain terror suspects, some individuals have been held there for long periods without trial.

Human rights organisations have reported the use of methods such as sleep deprivation, stress positions, and waterboarding during interrogations.

In contrast, an example of the view Aisha is describing can be found in Norway, where the prison system focuses on rehabilitation.

At Halden Prison, inmates have private rooms with basic furniture and access to education, job training, and counselling.

The aim is to prepare offenders to reintegrate into society, and Norway has one of the lowest reoffending rates in the world.

These two examples reflect very different approaches to the treatment of offenders and detainees, one prioritising detention and security and the other focusing on reform and reintegration.

The way offenders are treated has changed over time.

In ancient times, offenders were punished harshly, often in public.

Torture, mutilation, and execution were common.

During the Middle Ages, torture and public humiliation, using punishments like the stocks, were widely used to shame and hurt offenders, often without fair trials.

Then, in the 1700s to 1800s, torture became less accepted, but punishments were still severe.

Many were transported to colonies or executed publicly.

In the 1900s, the idea of human rights began to spread.

Torture and degrading punishments were banned in many places, and prisons began to support reform.

Today, many justice systems reject torture and degrading treatment and treat offenders humanely, offering rehabilitation.

The Universal Declaration of Human Rights is a source of authority in regard to the treatment of offenders.

Article 5 says, "No one shall be subject to torture or to cruel, inhuman, or degrading treatment or punishment." Article 6 tells us that "Everyone has the right to recognition everywhere as a person before the law." Article 10 says, "Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal." And Article 11 says, "Everyone charged with a penal offence has the right to be presumed innocent until proven guilty." So torture and inhumane treatment are not allowed according to the Declaration of Human Rights.

There should be no bias in the law.

Everyone should be treated in the same way.

Anyone who's accused of a crime should be tried fairly and in public.

And finally, there must be enough evidence to prove the defendant is guilty.

Several laws in the UK ensure the fair and humane treatment of offenders.

The Human Rights Act of 1998, Article 3, protects all individuals, including offenders, from torture and inhuman or degrading treatment.

Prison Rules Act of 1999 sets out how prisoners in England and Wales must be treated.

It requires prisons to maintain order and support rehabilitation.

The Criminal Justice Act of 2003 explains the purposes of punishment, which includes reformation and rehabilitation.

What is meant by a fair trial can vary depending on where in the world you live.

In the UK, a fair trial usually means trial by jury.

12 members of the public decide the verdict.

In other European countries, it's often trial by judge.

So a judge is a professional, or it might be a panel of judges, and they decide on the verdict.

What is shared by both approaches is that the defendant is presumed innocent until proven guilty, the trial is fair and public, there is legal representation, and the court is independent and impartial.

So that means the judges are impartial, and also the jury is impartial.

So what is the missing word? Article 5 of the Universal Declaration of Human Rights says, "No one shall be subjected to ____ or cruel, inhuman, or degrading punishment." Pause if you need to take a moment to jot down your answer, and then come back when you're ready to check.

So well done if you put "torture." Warren is an atheist.

He's explaining his view on the treatment of offenders.

Warren says, "The primary aim of punishment is to minimise overall suffering.

From a utilitarian perspective, humane treatment matters only if it helps achieve this.

Sometimes being tough on offenders can better serve this goal by deterring others and protecting society.

However, if rehabilitation effectively reduces crime, then it is the preferable approach.

So we can see that Warren's view is informed by utilitarianism.

He's thinking about what the best outcome is, which one minimises suffering and increases happiness.

Zoe is an atheist.

She's explaining her view on the treatment of offenders.

Zoe says, "Having studied some criminal psychology, I believe treating people humanely and understanding factors like upbringing and mental health is key.

While people must take responsibility, rehabilitation that treats offenders with dignity and provides support can help them change and reduce reoffending.

So we can see here that Zoe's view is influenced by her knowledge of psychology.

Neil is a humanist.

He's also explaining his view on the treatment of offenders.

Neil says, "Kantian ethics shows that punishment is necessary because people are morally responsible for their actions.

However, we have a duty to treat offenders as an end in themselves, so punishment must never be degrading.

Supporting rehabilitation respects the dignity of offenders as rational human beings." So Neil's view is informed by Kantian ethics, which is the idea of duty and that there's a clear right or wrong and a clear way to treat people.

Which of the following best reflects the Kantian view, which was expressed by Neil on the treatment of offenders? Is it: A, offenders should be punished harshly to deter others and reduce overall suffering.

B, offenders must be punished fairly with dignity because they are morally responsible.

C, offenders should only be treated humanely if it leads to better outcomes for society.

D, offenders should not be held responsible because their background caused their actions.

Take a moment to think about your answer.

Pause if you need to.

Come back when you're ready to check.

So well done if you spotted that it's B.

It's about being fair and treating people with dignity, but remembering also that they are responsible.

For task A, Warren, Zoe, and Neil are discussing the statement: "Offenders should always be treated humanely." I'd like you to complete the table showing whether they're arguing for or against the statement and developing their points.

Warren says, "Humane treatment is not required unless it reduces overall suffering.

Zoe says, "Humane treatment is necessary in order to understand why people offend.

And Neil says we have a duty to respect offenders as human beings.

So take your time, pause the video, think about whether they are for or against, and develop each of those points.

Come back when you're ready to see what you could have written.

You could have said For Warren: Humane treatment is not required unless it reduces overall suffering.

This argues against because it's saying that humane treatment is only right if it reduces harm.

If harsh punishment were better to prevent crime, then, according to Warren, it could be justified.

For Zoe: Humane treatment is necessary in order to understand why people offend.

This is arguing for the statement because it's saying that offenders often have complex needs.

Treating them with dignity can help them change and lowers the chance of reoffending.

And for Neil: We have a duty to respect offenders as human beings.

This again is for.

It suggests we must punish fairly, not cruelly, because offenders are rational beings who are accountable for their actions but deserve respect.

Excellent work if you managed to say whether those were arguments for or against, and also if you managed to develop them.

Let's move on to the second part of our lesson: Muslim responses to the treatment of offenders.

Muslim attitudes to the treatment of offenders are informed by different sources of authority, including the Qur'an, which is the direct word of Allah; the Hadith, the recorded words of the Prophet Muhammad; the Sunnah, which is the Prophet's example based on the Hadith; Shariah law, which is Islamic law based on the Qur'an and Sunnah; Islamic scholars who interpret and apply the sources in real-life situations; and personal conscience and reason guided by Islamic teachings.

They might interpret the sources differently or emphasise some over others, but all of them agree that the Qur'an is the supreme authority.

The Qur'an and Hadith are sources of wisdom which inform Muslim views on the treatment of offenders.

Surah 95:4 says, "Indeed, We created man in the best of stature." This verse shows that human life is sacred because it was created by Allah.

It strongly supports the idea that torture, unlawful killing, or mistreatment are forbidden.

Surah 5:8: "Do not let hatred of a people prevent you from being just.

Be just, that is nearer to righteousness." This verse reminds Muslims that justice must be maintained at all times, even when dealing with enemies or criminals, and it rules out any kind of cruel or vengeful treatment, such as torture.

From the Hadith: "Allah will punish those who punish people in this world." The Prophet Muhammad said this after he saw people who were cruelly punished by being left in the sun with oil poured on their heads.

Scholars use the Hadith to show that torture or excessive punishment is wrong in Islam.

Surah 76:1-12 guides Muslims in their views on the treatment of offenders and shows that punishment should be balanced with humane treatment.

Let's have a closer look at it.

Offenders are accountable for their actions: "Indeed, We created man from a drop of mixed fluid to test him, and We made him hearing and seeing.

Indeed, we guided him to the way, be he grateful or ungrateful." Fair punishment is therefore allowed, but the ultimate judgement belongs to Allah.

However, offenders should be treated humanely: "And they give food in spite of love for it to the needy, the orphan, and the captive." Before the Prophet Muhammad, prisoners actually had to find their own food.

The Qur'an here is teaching that providing for the needs of prisoners with compassion is the right thing to do.

Shariah law contains clear guidance on the treatment of offenders.

There must be a fair trial and clear evidence.

For example, adultery requires four eyewitnesses.

If there is doubt, there should be no punishment.

Shariah law does not allow torture to extract confessions or as a punishment.

All people, including offenders, have dignity.

Victims may choose to forgive the offender and accept compensation.

Forgiveness is praised in the Qur'an as spiritually rewarding.

Is this statement true or false? "The Qur'an allows torture if the offender is guilty and the crime is serious enough." Take a moment, have a think about why as well.

Pause if you need to.

Come back when you are ready to check your answer.

So, well done if you put that it is false.

But why is it false? Well, the Qur'an teaches that justice must always be fair, and cruelty or degrading treatment is not permitted, even for offenders.

Sarah, who's a Sunni Muslim, is talking about Islamic teachings about the rights of offenders.

Sarah says, "One thing that has always impressed me about Islam is that over 1,400 years ago, it taught principles we now call human rights, including fair treatment of prisoners.

As a revert, I've seen how Muslims still take this seriously.

The Universal Islamic Declaration of Human Rights agrees with the Universal Declaration of Human Rights on treating prisoners humanely.

I put this into practise by visiting prisoners through local chaplaincy, following the Prophet's teaching." Laura is interested in finding out about what is meant by a fair trial in Muslim-majority and Muslim countries.

She's talking to Abdi, who is a Muslim prison chaplain.

Laura says, "A fair trial for serious crimes in the UK means trial by jury.

Is this the same in Islam?" Abdi says, "Traditional Islamic law doesn't choose juries.

Instead, a Qadi, judge, hears the case and gives the ruling.

Some countries, like Saudi Arabia, don't use juries, while others, like Pakistan, have mixed systems. The Prophet Muhammad taught Muslims to respect the laws of the country they live in as long as they are fair.

So Muslims living in the UK accept trial by jury.

A fair trial means treating the accused with dignity, allowing them to defend themselves, and avoiding punishment if there is doubt." Let's check your understanding.

The question is: outline three Muslim beliefs about the treatment of offenders.

Two of the three beliefs have been given for you: Offenders have rights and should be treated fairly, and in Islam, a fair trial means the accused is allowed to defend themselves.

So what I'd like you to do is to complete the question by outlining a third Muslim belief about the treatment of offenders.

So take a moment, pause the video, jot down your answer, and come back when you're ready to check.

You could have said: Offenders should be judged by a Qadi, which is a qualified judge; punishment should only happen if there's no doubt about the guilt; and the Prophet taught that Muslims should visit prisoners.

So well done if you've got one of those three responses to the treatment of offenders.

So let's have a think about an evaluation statement: "Muslims should never accept torture as a punishment." Here's an argument against that statement: Torture reduces suffering overall, it deters people from crime, and it protects national security.

So this is what someone who was saying that torture is acceptable might say.

Mustafa, who is a Muslim, is responding to the argument.

He says, "Torture was forbidden by the Prophet, who also taught that Allah only accepts what is good.

Justice in Islam must be achieved through moral means.

Torture spreads fear and goes against the principle that punishment should be fair and public, not secret and abusive." Mustafa continues by explaining how he acts on his beliefs.

He says, "I support Penal Reform International because it campaigns against the use of torture.

There are some Muslim countries where governments use it politically to silence opposition.

This goes completely against the Islamic Declaration of Human Rights." So what is the missing word? Penal Reform International is a secular non-governmental organisation.

It campaigns against and supports reform in all countries, including some Muslim-majority states.

Take a moment.

Pause if you need to.

Come back when you're ready to check your answer.

So well done if you put "torture." For our task, Warren, who's an atheist and whose thinking is formed by utilitarianism, is commenting on the statement: "Offenders should always be treated humanely." Warren says, "Humane treatment is only right if it reduces harm.

If harsh punishment were better to prevent crime, it could be justified." Mustafa disagrees with Warren, and what I'd like you to do is to write his response.

So take your time to think about how a Muslim might respond to that comment from Warren.

Pause the video, write up your paragraph, and then come back when you're ready to see what you could have written.

Let's have a look at what you could have said: "You say harsh punishment is right if it reduces harm, but in Islam, many actions are judged by whether they are right or wrong in themselves, not by their outcomes.

The Prophet Muhammad clearly forbade torture, so it is never acceptable, even if it seems useful.

You might think harshness is effective, but the Qur'an praises those who show kindness to prisoners, like feeding captives in Surah 76.

That shows justice must be rooted in compassion, not in fear or control." So well done if you managed to get across the Muslim view that torture is never acceptable.

In today's lesson, we have learned that Islam teaches that offenders must be treated with fairness and dignity and that torture is strictly forbidden.

Islamic law relies on judges, Qadis, but Muslims may accept jury trials if they're fair.

The Qur'an and Hadith emphasise compassion towards those who have committed crimes.

Islamic human rights teachings support the fair treatment of offenders in line with international standards like the Universal Declaration of Human Rights.

Muslims act on these beliefs in different ways, such as campaigning for justice or supporting fair legal systems. Thank you so much for working with me today and for all of the effort that you've put into this lesson.