Torah Legal System

Another interesting point made by the Rambam is that in a situation of Kiddush Hashem, where one is commanded to give his life rather than violate a commandment, and that individual does not have the courage to do this, he has desecrated the name of Hashem.

However, that person "only" answers to Hashem and is not given any punishment in a Jewish court. He did not violate the commandment because he believed in idol worship. He was too weak to do what was expected of him.

The legal system of the Torah, in general, only punishes when one violates, with malice, one of the Mitzvot of the Torah. If the violation is one of passivity, he would not be given one of the punishments listed in the Torah. Proper warning is necessary along with the person saying that he understands the warning and is violating the commandment anyways.

The Torah system is clearly superior in its wisdom to any other system in the world.