CRIME VERSUS SIN

Crime is defined as “an unlawful act punishable by law”. Crime includes such acts which are defined by humans through laws. The state has the power to decide on criminal suits. When the cases are being heard generally they are judged as per two different but sometimes overlapping processes- “due process of law” and “process established by law”. Let me try to say a little on them.

DUE PROCESS -

It is the legal requirement that the state must respect all of the legal rights that are owed to a person and laws that states enact must confirm to the laws of the land like - fairness, fundamental rights, liberty etc. It also gives the judiciary to access the fundamental fairness, justice, and liberty of any legislation.

PROCEDURE ESTABLISHED BY LAW -

It means that a law that is duly enacted by legislature or the concerned body is valid if it has followed the correct procedure. Say a law enacted by Indian legislature. Article 21 of Indian Constitution says that- 'No person shall be deprived of his life or personal liberty except according to ‘procedure established by law'. In India, there is no mention of the word 'Due Process'. A strict literal interpretation of Procedure established by Law give the legislative authority an upper hand and they may enact laws which may not be fair from a liberal perspective.

DIFFERENCE between DUE PROCESS and PROCEDURE ESTABLISHED by LAW The difference between "due process of law" and "procedure established by law" is that under the American system, a law must IDEALLY (or hypocritically) satisfy the criteria of a liberal democracy. In India "procedure established by law", on the other hand, means a law duly enacted is valid even if it's contrary to principles of justice and equity. This is the structure against which cases are heard and verdicts are declared to convict or acquit the guilty or the victim respectively

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Now, coming to SIN

Sin is an act of violating God’s will. The attempt to tamper with the ideal. I know little better on Islam so I will stick to it. Others are free to add on different religions too. So in Islam,“"The Prophet (Muhammad) said, "Piety is good manner, and sin is that which creates doubt and you do not like people to know it.""— [Muslim]Wabisah bin Ma’bad reported:“I went to Messenger of Allah (SAWS) and he asked me: “Have you come to inquire about piety?” I replied in the affirmative. Then he said: “Ask your heart regarding it. Piety is that which contents the soul and comforts the heart, and sin is that which causes doubts and perturbs the heart, even if people pronounce it lawful and give you verdicts on such matters again and again.”—[Ahmad and Ad-Darmi]]” (Wiki)Mark the words EVEN IF PEOPLE PRONOUNCE IT LAWFUL then also sin remains a sin because the philosophy which holds or explains sin strongly elaborates on it.

There is no gradation in the methods to reach to the conclusions depending on various provisions available in different places but definitely there is categorization on kinds of sins.sayyia, khatia: mistakes (Suras 7:168; 17:31; 40:45; 47:19 48:2)That Allah may forgive for you what preceded of your sin and what will follow and complete His favor upon you and guide you to a straight path (48:2 of the Holy Qura’an)itada, junah, dhanb: immorality (Suras 2:190,229; 17:17 33:55) Fight in the way of Allah those who fight you but do not transgress. Indeed. Allah does not like transgressors. (2:190)haraam: transgressions (Suras 5:4; 6:146). They ask you, [O Muhammad], what has been made lawful for them. Say, "Lawful for you are [all] good foods and [game caught by] what you have trained of hunting animals which you train as Allah has taught you. So eat of what they catch for you, and mention the name of Allah upon it, and fear Allah ." Indeed, Allah is swift in account. (5:4)ithm, dhulam, fujur, su, fasad, fisk, kufr: wickedness and depravity (Suras 2:99, 205; 4:50, 112, 123, 136; 12:79; 38:62; 82:14) And We have certainly revealed to you verses [which are] clear proofs, and no one would deny them except the defiantly disobedient.(2:99)shirk: ascribing a partner to God; idolatry and polytheism (Sura 4:48)Indeed, Allah does not forgive association with Him, but He forgives what is less than that for whom He wills. And he who associates others with Allah has certainly fabricated a tremendous sin.(4:48)

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One may sincerely repent to God for the wrongs committed and seek forgiveness, as stated in the Quran, "Our Lord! Forgive us our sins, remove from us our iniquities, and take to Yourself our souls in the company of the righteous." (Al-Imran.193/ 3.193).Qura’an mentions on adultery, disrespecting, tampering with weigh and balance, corruption, lust, interests and others and all these are sins but may or may not qualify as crime. So, these two are different branches which one may find overlapping sometimes but this does not impoverish the other of its foundational structure.

I am no where discrediting philosophies which distinguish things. I am rather trying to put forward my stands on different philosophies. I repeat what Rasheed has earlier said"Lol the relationships between statutes and judicial decisions cn be complex. In some jurisdictions such statutes may overrule judicial decisions or codify the topic covered by several contradictory or ambiguous decisions.

OMA SUCH A CONTRADICTION."Yes, there always appears a contradiction even among those who call themselves 'secular' but what they practice is different. That is why I will take my charge and say that yes for me everything is religious. Nothing is secular. Whatever we can try to say but at the bottom of line we all are either religious or atheists. If we are religious we frame our philosophy and if we are atheists we have different life style. But whatever we believe in, bottom line is that sin and crime are two different fields.

We might think of that act as a sin but the proceedings will be conducted considering it as crime. We cant shout in court that this is my religious belief. We cant behave mad. We have to maintain the decorum else we will get arrested under the charge of condemn of court. We have to be smart enough not to lay down our deen bt at the same time we have to be disciplined..