csssssssssssssssfor NON-MUSLIM ONLYcsscsConcept Of Punishment In BUDDHISM By: Venerable Bergama Piyarathana Thero (L.L.B., M.A., JP) sssssssssc ssssssccssscc
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Publication of the Sasana Abhiwurdhi Wardhana Society Buddhist Maha Vihara, 123, Jalan Berhala, Brickfields, 50470 Kuala Lumpur, Malaysia Tel: 603-2274 1141 Fax: 603-2273 2570 E-Mail: info@buddhistmahavihara.com Website: www.buddhistmahavihara.com www.ksridhammananda.com www.bisds.org Published for Free Distribution Permission to reprint for free distribution can be obtained upon request. Previous Publication 2,000 copies May 2012 2,000 copies The Sasana Abhiwurdhi Wardhana Society gratefully acknowledges the efforts of Mr. K Don Premaseri for editing Concept of Punishment in Buddhism. Printed by Uniprints Marketing Sdn. Bhd. (493024-K) (A member of Multimedia Printing & Graphics (M) Sdn Bhd) ISBN: 983-2515-63-7
FOREWORD Many theories have evolved through the years regarding the aims of punishment through sentencing according to law. Sentence is a final order disposing of a case in court. In the local context there are three main aims of punishment. They are retributive aim, the deterrent aim and the rehabilitative aim. The retributive aim seeks to retaliate against the wrongdoer for what he has committed. An offence committed is viewed as an offence against society and the community and in return society and the community through its agency, the courts impose punishments or sentences. In modern times and particularly with reference in Malaysia, this aim is entrenched in legislation in the form of the death penalty for the offence of murder under section 302 of the Penal Code. Death is the only punishment provided there under and the courts have no alternative but to impose the death sentence when the accused is found guilty of the offence. The aim of deterrence is to punish the wrongdoer so that he repents and will not commit an offence again. It hopes that future offenders will be deterred by seeing the punishment meted out on a particular offender. This aim is two fold: to deter the offender himself from committing the same offence in the future, and to deter other offenders from committing the same offence. The rehabilitative aim seeks to encourage an offender to be law abiding and responsible citizen. It is hoped that offenders will change their attitudes and respect the laws and regulations existing in society. In Buddhism punishment as expounded by the Buddha takes a more rehabilitative role. They seek to rehabilitate a person rather than punish and condemn. Human beings unlike other living beings have the additional sense of the mind. A person has to be given the opportunity to overcome his ignorance and later becomes an exemplary person in society. There are numerous stories where people have changed and then on become significant to society. The wicked Emperor Asoka, ruthless King Ajatasattu, mass murdering bandit Angulimala, courtesan Ambapali, etc are few examples of the many wrong doers who turned on to a noble and selfless life through the rehabilitative method of the Buddha. Committee of Management Sasana Abhiwurdhi Wardhana Society
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