Islamic Society, Human Rights and Death Penalty – Capital punishment in Morocco
global context
Historically, almost all societies have used the death penalty to some extent. Today, almost all of Europe, most of Latin America, and countries like Australia, New Zealand, and Canada have abolished the death penalty from their law and practice. However, some countries like the US, Guatemala, and much of Asia and Africa retain it. There are 69 countries that still apply the death penalty and some 30 more that still have it in their legislation.
Actual position
In theory, Morocco maintains the death penalty for common and military crimes; however, the death penalty has not been applied since 1993. Article 16 of the Moroccan penal code allows capital punishment for murder, torture, armed robbery, arson, treason, desertion, or attempt on the king’s life.
History
The last execution was carried out in 1993 against the chief police commissioner of general intelligence, Mohammed Tabet. He was executed for using his position to rape hundreds of women and girls.
Most recently, a man was sentenced to death for stabbing a foreign couple in their Rabat home. On June 18, 2007, a Moroccan appeal court upheld the death sentence. There are currently 131 people on death row, including 7 women. However, the death penalty remains a constitutional prerogative of the king, and King Mohammed VI has yet to sign a death warrant since he became king in 1999.
royal pardon
In Morocco, it is customary to mark national and religious holidays with a royal pardon of prisoners. In November 2005, King Mohammed VI granted a royal pardon and reduced sentences to 10,000 prisoners to mark the 50th anniversary of Moroccan independence. More recently, the king pardoned 9,000 prisoners on the occasion of the birth of his daughter (February 28, 2007). Many death row inmates have had their death sentences reduced to life in prison through these royal pardons.
Terrorism
In the current political landscape, terrorism is considered the biggest obstacle to the full abolition of capital punishment in Morocco. In May 2003, the Moroccan parliament passed a new anti-terror law, which made common crimes punishable by death if they were considered terrorist crimes. As of August 2005, more than 2,000 people had been charged with terrorism-related offences. 903 of them were sentenced to prison, while 17 were sentenced to death.
current discussion
In 2003, a civil entity that represents 4 associations, National Coalition for the Abolition of the Death Penalty in Morocco (CNAPM), was created to work for the abolition of capital punishment in Morocco. The debate on capital punishment, initiated by Front of Democratic Forces (FFD), has led to the creation of a commission of jurists to review the Moroccan penal code with regard to capital punishment. According to Mohamed Bouzabaa, the Moroccan Minister of Justice, the review is at an advanced stage and it seems that the debate among Moroccan jurists is increasingly oriented towards abolition. In October 2006, it was announced that a bill to abolish capital punishment would be submitted to parliament for a vote in spring 2007. Bouchra Khiari, an MP from the party leading the bill to end capital punishment, the FFD says that the bill is ready and has been presented to the general secretariat of government.
Political Positions
For:
The project to end capital punishment is being led by Front of Democratic Forces (FFD). Support comes from parties like Socialist Union of Popular Forces (USFP) and The Party of Progress and Socialism (PPS). Malika Oulialy, a member of the PPS, affirms that the abolition of the death penalty concerns the democratization process of the country. She believes that it is important that a society respect the right to life. Ahmed Kouza, a member of Amnesty International Morocco, argues that capital punishment has no place in today’s Morocco, as it “leaves no opportunity for inmates to correct and reintegrate into society.”
Against:
Resistance to the bill for the abolition of capital punishment is expected from Justice and Development Party (PJD). They are the only government-recognized Islamic Party and claim the death penalty is consistent with Sharia law. Islamist groups claim that Sharia law dictates the death penalty for crimes such as murder and adultery.
Islam and capital punishment
In support of abolition:
Muslim pro-abolition advocates maintain that God has made life sacred and therefore the abolition of capital punishment does not contradict the teachings of Islam. Oulialy of the PPS says that “Islam has prohibited killing. Therefore, there is no contradiction between Islam and the culture of human rights.” Qur’anic support for the position: “No one can die except by the permission of God, the terms being fixed as in writing” (3:145).
In support of capital punishment:
Many Qur’anic scholars believe that it indicates the granting of capital punishment. The main support for this position is: “Do not take the life that God has sanctified, but through justice and the law. Thus he commands you, that you may learn wisdom” (6:151). Another indication that the Quaran supports the use of capital punishment is: “And we prescribed for them life for life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and for the wounds of the chastisement. way of charity), it will be expiation for him. Anyone who does not judge by what God has revealed, such as evildoers” (5:45).
Offenses punishable by capital punishment:
Under Islamic law, there is an allowance for the death penalty in cases of intentional murder and Fasad fil ardh (“spreading evil on earth”). This is based on: “…If someone kills one person – unless it is by murder or by spreading evil on earth – it would be like killing all people. And if someone saves life, it would be like saving everyone’s life people” (5:32). “Spreading evil in the land” is generally understood to include crimes such as treason, apostasy, terrorism, piracy, rape, adultery, and homosexual conduct. The Qur’an gives the victim’s family the opportunity to forgive the perpetrator and encourage forgiveness.