Re: Islam and Imprisonment...
an insane person is not punishable by Islam....
Still no reference?
Re: Islam and Imprisonment...
Whether they are born with it or it's the circumstances they grow up in, they have psychiatric issues. Or does Islam have one form of penalty for those born with issues and one for those who develop them?
Well there is a difference here. A person born crazy (or mentally incapacitated) is not capable of learning or at least very incapable of it whereas a person who has developed psychotic issues while growing makes conscience decisions, which agree with his ideology or belief. There is a difference in being mentally incapacitated and being mentally inclined to do things which are against the moral or social norm.
For instance, I do not think people are born serial killers they are created by society and hence they are not insane or psychotic completely. To me an insane or mentally incapacitated person may be one whose brain and bodily functions have a disconnect. If you are really insane then there is no punishment in Islam for you. Ofcourse socially you would be prevented from harming someone. On the otherhand say a person who is infatuated with the female sex and goes on a raping spree is not insane because he knows what he is doing and has setout to do it with an intention. I do not agree with arguments which say that the person did not realize what he was doing, infact he exactly knew what he wanted which drove him to commit a certain action.