A Study on How the Sentences Are Carried Out for a Muhârab and the Conformity of the Method of Choosing Graded Punishments with That of Alternative Punishments

Regardless of what the nature of muhârabah is, this study examines four punishments for a muhârab, i.e. execution, crucifixion, cutting off, and exile. As for the method of choosing one of the punishments, based on Qur’anic verses, Islamic narrations, logic, and the demands of Islamic law (Shari'ah) some have acknowledged the grades and some have acknowledged the alternatives for a judge to choose one of the punishments. For carrying out each and every one of the sentences, we face questions and ambiguities regarding how punishment is carried out with Arabic language pattern “taf'īl”, the possibility of surviving after the punishment is carried out and suggestions about preventing that, whether carrying out punishment is the right of God or the right of people and what the consequences are, how to crucify or exile, cutting off when the organ is absent, the way that choosing how to carry out an alternative punishment is matched with the concept of fixed punishments prescribed by Allah, the possibility of anesthetizing for executing a fixed punishment, and whether the cut organ is a punishment for the community or the muhârab. Using a library method of research, this paper examines the solution for removing the conflict between two groups of arguments for having the option to execute alternative punishments or graded punishments and for solving the problem of logical improbability by proposing a comprehensive method of executive judgment. While examining how every one of the punishments is executed, the existing ambiguities and subsidiary issues are responded and some legislative suggestions to be included in the coming reforms of the penal code are made.