The Church of Jesus Christ of Latter-day Saints (LDS Church) neither promotes nor opposes capital punishment, although the church's founder, Joseph Smith, Jr., supported it.[180] However, today the church officially states that it is a "matter to be decided solely by the prescribed processes of civil law."[181]
Hinduism
A basis can be found in Hindu teachings both for permitting and forbidding the death penalty. Hinduism preaches ahimsa (or ahinsa, non-violence), but also teaches that the soul cannot be killed and death is limited only to the physical body. The soul is reborn into another body upon death (until Moksha), akin to a human changing clothes. The religious, civil and criminal law of Hindus is encoded in the Dharmaśāstras and the Arthasastra. The Dharmasastras describe many crimes and their punishments and call for the death penalty in several instances, including murder and righteous warfare.[182]
Islam
"Execution of a Moroccan Jewess (Sol Hachuel)" a painting by Alfred Dehodencq
Sharia, the religious law in Islam, requires capital punishment for certain crimes.[33][183] For example, the Quran states,
The punishment of those who wage war against Allah and His Messenger, and strive with might and main for mischief through the land is: execution, or crucifixion, or the cutting off of hands and feet from opposite sides, or exile from the land: that is their disgrace in this world, and a heavy punishment is theirs in the Hereafter.
— Qur'an, Sura 5, ayat 33[184]
Similarly, capital punishment by stoning for zina(extramarital sex) is prescribed in Hadiths, the books most trusted in Islam after Quran, particularly in Kitab Al-Hudud. [185][186]
'Ubada b. as-Samit reported: Allah's Messenger as saying: Receive teaching from me, receive teaching from me. Allah has ordained a way for those women. When an unmarried male commits adultery with an unmarried female, they should receive one hundred lashes and banishment for one year. And in case of married male committing adultery with a married female, they shall receive one hundred lashes and be stoned to death.
— Sahih Muslim, 17:4191
Allah's Messenger awarded the punishment of stoning to death to the married adulterer and adulteress and, after him, we also awarded the punishment of stoning, I am afraid that with the lapse of time, the people may forget it and may say: We do not find the punishment of stoning in the Book of Allah, and thus go astray by abandoning this duty prescribed by Allah. Stoning is a duty laid down in Allah's Book for married men and women who commit adultery when proof is established, or if there is pregnancy, or a confession.
— Sahih Muslim, 17:4194
In the four primary schools of Sunni fiqh (Islamic jurisprudence) and the two primary schools ofShi'a fiqh, certain types of crimes mandate capital punishment. Certain hudud crimes, for example, are considered crimes against Allah and require capital punishment in public.[33] These include apostasy (leaving Islam to become an atheist or convert to another religion such as Christianity),[187][188] fasad (mischief in the land, or moral corruption against Allah, social disturbance and creating disorder within the Muslim state)[189][190] and zina (consensual heterosexual or homosexual relations not allow by Islam).[185]
The right to be convinced and to convert from Islam to another religion is held by only a minority of Muslim scholars. This view of religious freedom is, however, not shared by the vast majority of Muslim scholars both past as well as present. Most classical and modern Muslim jurists regard apostasy (riddah), defined by them as an act of rejection of faith committed by a Muslim whose Islam had been affirmed without coercion, as a crime deserving the death penalty.
— Abdul Rashied Omar[187]
Qisas is another category of sentencing where sharia permits capital punishment, for intentional or unintentional murder.[191] In the case of death, sharia gives the murder victim's nearest relative or Wali (ولي) a right to, if the court approves, take the life of the killer.[192][193]
O ye who believe! the law of equality is prescribed to you in cases of murder: the free for the free, the slave for the slave, the woman for the woman. But if any remission is made by the brother of the slain, then grant any reasonable demand, and compensate him with handsome gratitude, this is a concession and a Mercy from your Lord. After this whoever exceeds the limits shall be in grave penalty.
— Quran 2:178
Further, in case of Qisas-related capital punishment, sharia offers the victim's guardian the option of Diyya (monetary compensation).[23] In several Islamic countries such as Sunni Saudi Arabia and Pakistan, as well as Shia Iran, both hudud and qisas type capital punishment is part of the legal system and in use. In others, there is variation in the use of capital punishment.
Capital punishment for apostasy in Islam and stoning to death in Islam are controversial topics. Similarly, the discriminatory option between capital punishment and monetary compensation for crimes such as murder is controversial, where jurists have asked if poor offenders face trial and capital punishment while wealthy offenders avoid even a trial by paying off Qisas compensation.[194] Another historic and continuing controversy is the discrimination between the death of a Muslim and a non-Muslim dhimmi, as well as discrimination between the death of a man and a woman, used in sharia-ruled states. Woman's life is considered half the worth of a man, while Christians and Jews are worth half of a Muslim, and the life of Buddhist, Hindu, folk religion or atheist is considered 1/16th the worth of a Muslim.[195] This has led certain Islamic nations to discriminate between Muslims and non-Muslims while imposing capital punishment and compensation, for both intentional murder and manslaughter, depending on whether the victim is Muslim or non-Muslim, as well as based on the religion of the individual who has committed the crime.[196]
Lethal stoning and beheading in public under sharia is controversial for being a cruel form of capital punishment.[197][198] These forms of execution remain part of the religious law enforced in Saudi Arabia, Yemen, Qatar, United Arab Emirates, Iran, Pakistan and Mauritania.[1][199][200]
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