This question was spawned from:
I would like to know more specifically whether or not the punishments such as amputation for theft should still stand in modern societies?
Practical speaking, I can understand that when initiating communities, there is a need for law and order and the punishments need to be effective. I believe that not all the punishments prescribed are no longer necessary in established societies to maintain order.
Capital punishment can be seen as a deterrent but crimes that would warrant such punishments still occur, so it seems to me that they aren't as effective a deterrent as they are supposed to be.
Are these kind of considerations examined by religious leaders to be sure that they are being applied properly and are truly universal or are the punishments considered infallible and universal and therefore not under any scrutiny.
When I ask this question there are many thoughts flying around in my head just like what I have written so for my it is not clear what the Islamic stance is on such questions.
Update: I will delete this question if it is not different sufficiently, but I thought this question is different because there is a distinction between a judgement and the sentence, and I think the first question was more about the judgement, i.e., has a law been transgressed and this question where the law has been transgressed and a sentence should be passed and should the sentencing be equivalent to that of 1400 years ago where law and order was in the process of being established.