The law ordains that [death convicts] should pay with their lives in retributionof their offense. In these days of rampant violence of criminality, this decision [imposing the death penalty] is calculated to have the most salutary effect upon the elements that threatento set the law at naught andbreak the social order; it should serve as a reminder to those who are criminally minded that crime does not pay.45 ButIslam is notinelastic in its application of death penalty. It does not delight in its imposition. The acceptance of blood money or financial settlement and remissionof penalty on thepart of the victimsare featuresof Islamic penology.4° But these rules do not apply to the crimes of adultery, lesbianism, homosexuality, sodomy, unnatural sex andbestiality. This principle findsits rationale in the realm of religion which regards manasthe highest form of creation by God, the Absolute, who created him in His own image. Death penalty for an incorrigible male for apostasy is also beyondintervention in Islam.47 GENERAL WELFARE MEASURE Death penalty is a police power measure to protect society from theperil of criminality or to create and maintain order whichassuresits citizens their security or personal safety within and outside their houses. Our decisional law justifies its exercise for the general welfare. Thus: The conceptofpolice power wassetforth in negative terms by Justice Malcolm in pre-commonwealth decision as that inherent and plenary power in the State which enables it to prohibit all things hurtful to the comfort, safety and welfare of society? and to promote health, peace, morals, education and good orderof the people.49 Certainly, the death penalty law serves the general welfare or the welfare of the great majority. CONDITIONS A PRIORI It is axiomatic that the general welfare principle in our constitutional law operates as benchmarkin the exerciseof the powersof sovereignty. But this guidance does not afford the governmentthelicense to exercise unrestrained powerto rein in individual liberty andcurtails one’s rights to life and dignity. As an instrumentof the people, by the people and for the people, the Stateis lodged with the duty to establish a social order that affords the people every opportunity to develop their potentials and becomeanasset rather thanliability to society. In brief, it has to emplace and define policies and establish corresponding structures that would bring abouta stateof felicity amongits people. In Islam, these policies are referred to as “primary laws” which are laid down for reformation and * People vs. Ubaldo, 24 SCRA 735 [1968] “© Qur'an 2:178, 179; MuhammadIqbalSiddiqi, ibid., p.29 *’ MuhammadIqbalSiddiqi, ibid., pp.110-111. Insanity is a defensein Islamic penology *8 Enriquevs. Fernando,“The Constitution ofthe Philippines.” 1974: QuezonCity, p. 515 #113 U.S. 27 (1885), ibid. 21

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