Moonbear said:
Do the Shari'ah laws dictate the punishments for violating the laws, .
Yes they take the literal text of the Quran and the Hadith.
Examples -
Drinking
The Prophet felt it hard (was angry) and ordered all those who were present in the house, to beat him [the drinker dragged into Muhammad's presence]. (Bukhari, Punishments, nos. 6774—6775)
Wife Beating -
4:34 . . . If you fear highhandedness from your wives, remind them [of the teaching of God], then ignore them when you go to bed, then hit them. If they obey you, you have no right to act against them. God is most high and great. (MAS Abdel Haleem, the Qur'an, Oxford UP, 2004)
Cutting off hands of thieves
5:38 Cut off the hands of thieves, whether they are male or female, as punishment for what they have done—a deterrent from God: God is almighty and wise. 39 But if anyone repents after his wrongdoing and makes amends, God will accept his repentance: God is most forgiving and merciful. (Haleem)
This above passage from the Qur'an suggests that repentance will avoid the punishment but this is overruled by the Haditha which says repentance is only acceptable after mutilation.
Execution of homosexuals
'If you find anyone doing as Lot's people did, kill the one who does it, and the one to whom it is done' (Abu Dawud no. 4447).
This hadith passage says that homosexuals should be burned alive or have wall pushed on them:
Ibn Abbas and Abu Huraira reported God's messenger as saying, 'Accursed is he who does what Lot's people did.' In a version . . . on the authority of Ibn Abbas it says that Ali [Muhammad's cousin and son—in—law] had two people burned and that Abu Bakr [Muhammad's chief companion] had a wall thrown down on them. (Mishkat, vol. 1, p. 765, Prescribed Punishments)
Fornication
24:2 The fornicatress and the fornicator, flog each of them with a hundred stripes. Let not pity withhold you in their case, in a punishment prescribed by Allah, if you believe in Allah and the Last Day. And let a party of the believers witness their punishment. [This punishment is for unmarried persons guilty of the above crime (illegal sex), but if married persons commit it (illegal sex), the punishment is to stone them to death, according to Allah's law]. (Hilali and Khan).
Adultery
And when he had given command over her and she was put in a hole up to her breast, he ordered the people to stone her. Khalid b. al—Walid came forward with a stone which he threw at her head, and when the blood spurted on his face he cursed her . . . (Muslim no. 4206)
It seems the prophet Muhammad was happy to set personal examples in his time
Some people . . . came to the Prophet and embraced Islam . . . [T]hey turned renegades (reverted from Islam) and killed the shepherd of the camels and took the camels away . . . The Prophet ordered that their hands and legs should be cut off and their eyes should be branded with heated pieces of iron, and that their cut hands and legs should not be cauterized, till they died. (Bukhari, Punishments, no. 6802)
In 700 AD these punishments were probably not unduly harsh in the context of society at that time but the rest of the world has moved on and developed.
This development cannot happen in the Islamic world for to try to start a debate or question the punishments proscribed in the Qur'an is itself under the Qur'an punishable by death.