There is a strong argument to be made that there should be a moratorium on the death penalty in places like this. Not because there is anything wrong with the death penalty, but because the systems in these places are so utterly corrupt.
Obviously, the death penalty is a Qur’anic fact, and beheading is a correct method in Shari’ah. I have no problem with that. However, the Law is more than the punishments; it is a comprehensive system. Rules of evidence and procedure, testimony, due process, equality before the law, etc. if the nature of the system is not Islamic, the punishments it imposes are not Islamic. That should be obvious.
Legitimacy is derived from adherence to the Shari’ah, non-adherence to the Shari’ah is, by definition, oppression. It is unjust and illegitimate. Imposing certain aspects of the Law, while discarding others, invalidates the imposition of even those aspects which are correct.
This is why Abu Bakr fought against those who refused to pay Zakat after the death of Rasulullah ﷺ They prayed, they fasted, they followed the Law…but none of those actions were valid so long as they denied even one component of what Islam obliges. Allah said: “O you who believe, enter into Islam completely…”
“يَا أَيُّهَا الَّذِينَ آمَنُوا ادْخُلُوا فِي السِّلْمِ كَافَّةً”
If the Shari’ah process of reaching a judgment is not followed, the judgment is invalid, and the punishment is unjust.
In countries like Saudi Arabia, UAE, etc, the systems are rife with corruption.
Confessions are extracted by torture, evidence is often fake, judges may not even review the case files, defendants may have no chance to testify,etc, etc. The non-compliance with Shari’ah is at every turn. But then they insist on beheading as the method of execution because it is in the Shari’ah?.
https://www.rt.com/news/256757-saudi-arabia-beheadings-rights/
External Context سياق خارجي
https://www.rt.com/news/256757-saudi-arabia-beheadings-rights/