A Critical Exposition of the Popular 'Jihád'/Chapter 11/74
[Sidenote: 74. Amputation or banishment substituted temporarily in place of imprisonment for want of a well-organized system of jails.]
Sir W. Muir continues:—"On reflection, Mahomet appears to have felt that this punishment exceeded the bounds of humanity. He accordingly promulgated a Revelation, in which capital punishment is limited to simple death or crucifixion. Amputation of the hands and feet is, however, sanctioned as a penal measure; and amputation of the hands is even enjoined as the proper penalty for theft, whether the criminal be male or female. This barbarous custom has accordingly been perpetuated throughout the Mahometan world. But the putting out of the eyes is not recognized among the legal punishments."[1]
These alternative punishments were prescribed for the heinous crimes of highway robbery, dacoity, and theft by house-breaking. They were (i) capital punishment, (ii) amputation, and (iii) banishment (Sura, v, 37, 42), according to the circumstances of the case. The last two were of a temporary nature substituted for imprisonment for want of an organized system of jails and prisons. When the Commonwealth was in its infancy, the troubles of the invasions and wars of the aggressive Koreish and their allies had left neither peace nor security at Medina to take such administrative measures as to organize a system of building, guarding, and maintaining jails, their inmates and their establishments. As soon as jails were established in the Mohammadan Commonwealth, amputation and banishment gave way to imprisonment. The prisoners of war, not being criminals, used to be made over by Mohammad to some citizens of Medina, as in the case of the prisoners of the battle of Badr, to keep them in their houses as guests, on account of the want of prisons; but as for the other criminals—the highway robbers, dacoits, and house-breakers—they could not be treated and entertained so hospitably. Thus there was left no alternative for them except either to banish such criminals, or to award them corporal punishment in the shape of amputation.[2]