Criminal Law and the Story of Yusuf
The Qur’an is not only a guide for individual faith but also a divine book that shapes social order and legal systems. In this regard, crime and punishment are among the core societal issues on which the Qur’an places great emphasis. However, punishments in the Qur’an are not presented as rigid and fixed measures; rather, they are built on principles of justice, wisdom, public interest (maslahah), context, and repentance, reflecting a flexible understanding.
The story of Joseph (Yusuf) illustrates how the Qur’anic concept of justice operates based on these principles. This article examines the Qur’anic perspective on criminal law, focusing on the story of Joseph as a case study for its foundational and contextual aspects.
1. Example of Punishment in the Story of Joseph: The Case of Benjamin
In verses 70–76 of Surah Yusuf, Prophet Joseph’s strategic plan to keep his brother Benjamin with him is narrated. Joseph secretly places the king’s measuring cup in Benjamin’s belongings and later has it publicly announced as missing. In resolving the matter, Joseph’s men ask Joseph’s brothers:
“What should be the penalty if it is found in his bag?”
They reply:
“The penalty is that he in whose bag it is found shall himself be held as the penalty. Thus do we punish wrongdoers.” (Yusuf 12:75)
Joseph then detains Benjamin according to this ruling. The Qur’an adds:
“He could not have taken his brother under the king’s law, except that Allah willed it. Thus We taught Joseph a plan...” (Yusuf 12:76)
From this, several key insights emerge:
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The punishment was carried out not under Egyptian law but according to the customary law of Joseph’s brothers.
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This reflects a form of contextual justice.
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The Qur’an presents this as an example of wisdom and divine strategy.
2. Foundational Principles of Criminal Law in the Qur’an
The aim of punishments in the Qur’an is not mere retribution but ensuring social justice, promoting reform, providing deterrence, and ultimately protecting individuals and the community. The main principles shaping Qur’anic criminal law include:
a. Proportionality and Equivalence
“The retribution for an evil act is one like it...” (Shura 42:40)
“O you who believe! Prescribed for you is legal retribution (qisas) for those murdered...” (Baqarah 2:178)
The Qur’an emphasizes that punishments must be proportionate to the crime. Excess, arbitrariness, and oppressive punishments are strictly forbidden.
b. The Door of Repentance and Reform
“But whoever repents after his wrongdoing and reforms, Allah will accept his repentance...” (Ma’idah 5:39)
In the Qur’an, the ultimate goal of punishment is transformation and purification, not merely deterrence. Therefore, the door of repentance remains open. This spirit is evident in the story of Joseph as well: the objective was not to punish his brother but to restore brotherhood and truth.
c. Local Justice Practices and Recognition of Custom
The Qur’an does not exclude local practices and customary law but, in certain cases, integrates them:
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The expiation for zihar (Mujadilah 58:3–4)
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Resolution through li’an (mutual oaths) (Nur 24:6–9)
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Inheritance and divorce laws considering local norms
This flexibility shows that Qur’anic law seeks to apply justice and wisdom within contextual realities.
3. A Reflection on Ma’idah 38 and the Punishment for Theft
“As to the thief, male or female, cut off their hands as a recompense for what they committed—a deterrent from Allah...” (Ma’idah 5:38)
This verse has traditionally been interpreted as a command for physical amputation. However, the very next verse states:
“But whoever repents after his wrongdoing and reforms, Allah will accept his repentance...” (Ma’idah 5:39)
This raises critical questions:
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How can an irreversible physical punishment be imposed for a crime where repentance and reform are explicitly acknowledged?
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If in the case of murder—the gravest crime—the victim’s family has the authority to pardon (Baqarah 2:178), why would forgiveness and reform be excluded for theft, a lesser offense?
📌 Core Principle: Authority to Forgive and Room for Transformation
Even for intentional murder, the Qur’an says:
“Legal retribution is prescribed... but if the guardian of the slain pardons, then grant any reasonable compensation...” (Baqarah 2:178)
This implies:
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Even a murderer may be forgiven with the consent of the victim’s family.
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Therefore, in the case of theft, where the door to repentance is explicitly mentioned, a rigid and automatic physical punishment contradicts Qur’anic reasoning.
The expression “cut off their hands” in Ma’idah 5:38 can also be understood as:
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Restricting social responsibilities
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Depriving access to resources or authority
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Administrative and economic sanctions
In the story of Joseph, no hand was cut off; instead, detention and confrontation with responsibility were employed. This suggests that punishments for theft may vary according to context and wisdom.
4. Joseph’s Punishment: The Union of Justice and Wisdom
Though Joseph’s plan may seem deceptive on the surface:
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He did not falsely accuse his brother.
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The punishment was applied in accordance with the brothers’ own customary law.
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The aim was not retribution but restoration of family ties and truth.
The Qur’an does not criticize this strategy but affirms:
“Thus We taught Joseph a plan...” (Yusuf 12:76)
This underscores that the purpose of punishment is more significant than its form.
Conclusion
The story of Joseph demonstrates how the Qur’anic approach to punishment is not about rigid enforcement but about justice, wisdom, context, custom, and the opportunity for repentance. Qur’anic criminal law embodies a principle-centered, transformative, and dignity-preserving framework. Even for theft, the door for repentance and reform remains open; punishments are shaped by context, custom, and the victim’s stance.
Joseph’s method presents a Qur’anic model of flexibility, wisdom, and strategic justice that remains relevant even for modern justice systems.
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