Question: Since it is now possible
to get a hand transplant (the donor being someone who recently died), how
would that affect the punishment of the amputation? The objective of the
punishment is to teach the criminal a lesson, but if he can just easily
go to France and get a new working human hand, then what is the point of
the punishment?
Answer: No doubt the purpose
of the punishment of the hand is to make the criminal an example in the
society – for such a criminal deserves no lenience because a judge can
only give this extreme punishment when the extent of his crime and his
own circumstances are such that he deserves no mitigation.
To keep the criminal in such an exemplary
state can only be possible if he remains in the bounds and jurisdiction
of the court which pronounced the verdict. If the criminal stays within
the bounds of an Islamic state’s jurisdiction a transplant can be checked.
But, of course, nothing can be done if he proceeds to a country which is
beyond this jurisdiction.
|