How refreshing it would be if some of the people, Muslim or non-Muslim, who insist that the Islamic State is not Islamic would show how this penal code is contrary to Islam and Sharia. But they will not do so, because they can’t.
“Islamic State (ISIS) Publishes Penal Code, Says It Will Be Vigilantly Enforced,” MEMRI, December 17, 2014:
The following report is a complimentary offering from MEMRI’s Jihad and Terrorism Threat Monitor (JTTM). For JTTM subscription information, click here.
On December 15, 2014, a document detailing the Islamic State (ISIS) penal code was released on the Jihadi Media Platform forum (alplatformmedia.com). The document, which was titled “Clarification [regarding] the Hudud [Koranic punishments],” included a list of crimes and their respective punishment according to the shari’a. ISIS said it published the document as a warning and a reminder to the people living under its rule. It also reaffirmed its commitment to enforce it vigilantly.
The document begins with various Koranic verses emphasizing the need for Muslims to adhere to the shari’a, while noting that those who do not follow it are considered unbelievers.
Following are the crimes appearing the document along with the respective punishment:
Blasphemy against Allah: Death
“Indeed, the penalty for those who wage war against Allah and His Messenger and strive upon earth [to cause] corruption is none but that they be killed or crucified or that their hands and feet be cut off from opposite sides or that they be exiled from the land. That is for them a disgrace in this world; and for them in the Hereafter is a great punishment, except for those who return [repenting] before you apprehend them. And know that Allah is Forgiving and Merciful.” (Qur’an 5:33-34)
Blasphemy against the Prophet Muhammad: Death – even if the accuser repents
“Indeed, those who abuse Allah and His Messenger – Allah has cursed them in this world and the Hereafter and prepared for them a humiliating punishment.” (Qur’an 33:57)
Blasphemy against Islam: Death
“If they violate their oaths after pledging to keep their covenants, and attack your religion, you may fight the leaders of paganism – you are no longer bound by your covenant with them – that they may refrain” (Qur’an 9:12)
Adultery: Stoning until death in case the adulterer was married and 100 lashes and exile if he or she were unmarried.
‘Umar said, “I am afraid that after a long time has passed, people may say, “We do not find the Verses of the Rajam (stoning to death) in the Holy Book,” and consequently they may go astray by leaving an obligation that Allah has revealed. Lo! I confirm that the penalty of Rajam be inflicted on him who commits illegal sexual intercourse, if he is already married and the crime is proved by witnesses or pregnancy or confession.” Sufyan added, “I have memorized this narration in this way.” ‘Umar added, “Surely Allah’s Apostle carried out the penalty of Rajam, and so did we after him.” (Bukhari 8.82.816)
Sodomy (homosexuality): Death for the person committing the act, as well as for the one receiving it.
“If any of your women are guilty of lewdness, Take the evidence of four (Reliable) witnesses from amongst you against them; and if they testify, confine them to houses until death do claim them, or God ordain for them some (other) way. If two men among you are guilty of lewdness, punish them both. If they repent and amend, Leave them alone; for God is Oft-returning, Most Merciful.” (Qur’an 4:15-16)
“Narrated By Abdullah ibn Abbas: The Prophet (peace be upon him) said: If you find anyone doing as Lot’s people did, kill the one who does it, and the one to whom it is done.” (Sunan Abu Dawood 38:4447)
Theft: Cutting off the hand
“The thief, the male and the female, amputate their hands in recompense for what they committed as a deterrent from Allah. And Allah is Exalted in Might and Wise.” (Qur’an 5:38)
Drinking alcohol: 80 lashes
“O you who have believed, indeed, intoxicants, gambling, [sacrificing on] stone alters [to other than Allah ], and divining arrows are but defilement from the work of Satan, so avoid it that you may be successful.” (Qur’an 5:90)
“Abu Huraira said, ‘A man who drank wine was brought to the Prophet. The Prophet said, “Beat him!” Abu Huraira added, “So some of us beat him with our hands, and some with their shoes, and some with their garments (by twisting it) like a lash, and then when we finished, someone said to him, ‘May Allah disgrace you!’ On that the Prophet said, ‘Do not say so, for you are helping Satan to overpower him.'” (Bukhari 8.81.768)
Slandering: 80 lashes
“And those who accuse chaste women and then do not produce four witnesses – lash them with eighty lashes and do not accept from them testimony ever after. And those are the defiantly disobedient.” (Qur’an 24:4)
Spying for the unbelievers: Death
“Let not believers take disbelievers as allies rather than believers. And whoever does that has nothing with Allah, except when taking precaution against them in prudence. And Allah warns you of Himself, and to Allah is the destination.” (Qur’an 3:28)
“They wish you would disbelieve as they disbelieved so you would be alike. So do not take from among them allies until they emigrate for the cause of Allah . But if they turn away, then seize them and kill them wherever you find them and take not from among them any ally or helper.” (Qur’an 4:89)
1: Murder and stealing: Death and crucifixion
2: Murder only: Death
3: Stealing (as part of banditry): Cutting off the right hand and the left leg
4: Terrorizing people: Exile
“Indeed, the penalty for those who wage war against Allah and His Messenger and strive upon earth [to cause] corruption is none but that they be killed or crucified or that their hands and feet be cut off from opposite sides or that they be exiled from the land. That is for them a disgrace in this world; and for them in the Hereafter is a great punishment.” (Qur’an 5:33)