Islamic society, human rights and the death penalty-death penalty in Morocco

Global context

Historically almost all societies have used the death penalty to some extent. Today almost the whole of Europe, most of Latin America and countries such as Australia, New Zealand and Canada have abolished the death penalty from their law and practice. However, some countries like the United States, Guatemala and much of Asia and Africa remain. There are 69 countries still apply the death penalty and about 30 others who still have in their own right.

Current position

In theory, Morocco maintains the death penalty for ordinary crimes and military; However, the death penalty is not carried out since 1993. Article 16 of the Moroccan Penal Code allows the death penalty for murder, torture, armed robbery, arson, treason, desertion or an attempt on the life of the King.

History

The last execution was carried out in 1993 on the head of the Police Commissioner Mohammed Tabet, General Intelligence. He was executed for using his position to rape of hundreds of women and girls.

More recently, there was a man sentenced to death for stabbing a couple of stranger into their home in Rabat. The June 18, 2007, a Moroccan appeals court upheld the death sentence. There are currently 131 people on death row, including 7 women. However, the death penalty is still the constitutional prerogative of the King and King Mohammed VI has not yet signed a death warrant since became King in 1999.

Royal pardon

In Morocco, it is customary to celebrate national holidays and religious with a Royal pardon of prisoners. In November 2005, King Mohammed VI granted royal pardons and reduced sentences to 10,000 prisoners Morocco's 50th anniversary of independence. More recently, the King pardoned 9,000 prisoners to celebrate the birth of his daughter (February 28, 2007). Many death row inmates have seen their death sentences reduced to life sentences through this grace.

Terrorism

In today's political landscape, terrorism is considered the largest obstacle to abolish the death penalty in Morocco. In May 2003, the Moroccan Parliament has approved a new anti-terror law, which made ordinary crimes eligible for the death penalty if they are considered terrorist offences. By August 2005, more than 2,000 people had been charged with crimes related to terrorism. 903 of these were given custodial sentences, while 17 were sentenced to death.

Current debate

In 2003, a civil entity representing 4 organisations, Coalition Nationale pour l'abolition de la Peine de Mort au Maroc (CNAPM), was created to work towards the abolition of capital punishment in Morocco. Capital punishment debate, started by thinks Le Front des Forces (FFD), led to the establishment of a Commission of Jurists to review the Moroccan Penal Code regarding the death penalty. According to Mohamed Bouzabaa, Moroccan Minister of Justice, the review is in an advanced stage and it seems that the debate between Moroccan lawyers is increasingly oriented towards its abolition. In October 2006, it was announced that a bill for the abolition of the death penalty would be presented to Parliament for a vote in spring 2007. Bouchra Khiari, Deputy of the party which leads the project to end capital punishment, FFD, says that the Bill is ready and was presented to the General Secretariat of the Government.

Political positions

For:

The project to end capital punishment is led by thinks Le Front des Forces (FFD). The support is coming from Parties, as the Union Socialiste des forces Populaires (USFP) and The Parti du Progres et du Socialisme (PPS). Malika Oulialy, Member of the PPS, asserts that the abolition of capital punishment in the process of democratization of the country. She believes that it is important for a company to respect the right to life. Ahmed Kouza, Member of Amnesty International, Morocco claims that the death penalty has no place in today's Morocco as "leave no possibility of correction and reintegration for prisoners in society."

Against:

Resistance to the Bill for the abolition of the death penalty is provided by the parties de la Justice et du Développement (PJD). Are the only Government recognized the Islamic party, and argue that the death penalty is consistent with the law of Sharia. Islamic groups claim that Sharia law determines the punishment in crimes such as murder and adultery.

Islam and the death penalty

In support of abolition:

Muslim proponents in favour of abolition take that God has made sacred life, and therefore the abolition of capital punishment does not contradict the teachings of Islam. Oulialy, PPS, says that "Islam has forbidden the killing. Therefore, there is no contradiction between Islam and a culture of human rights. " Qur'anic support for the position: "no one can die except by permission of God, the words being fixed as by writing" (3: 145).

In support of the death penalty:

Many scholars believe that the Qur'an indicates the allowances for capital punishment. The main support for this position is: "not life, which God has made sacred, except for Justice and the right to take. So does he command you, so that you can learn wisdom "(6: 151). Another indication that the Quaranta, supports the use of capital punishment is: "and we prescribe for them in life for life, eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds of retaliation. But anyone you forgive (in the sense of charity), must be the atonement for him. Anyone who considers not what God has revealed, such as wrongdoers "(05:45).

Offences punishable by the death penalty:

According to Islamic law, there is an allowance for the death penalty in cases of intentional murder and Fasad fil ardh (spreading mischief in the land "). This is based on: "...If someone kills a person-unless it be for murder or for spreading mischief in the land-it would be like if he killed all people. And if anyone saves lives, it would be as if he saved the life of all peoples "(05:32). "Spreading mischief in the land" is generally understood to include crimes such as treason, apostacy, terrorism, piracy, rape, adultery and homosexual behavior. The Qur'an give a chance for the victim's family to forgive the perpetrator and forgiveness in encouraged.

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