Wednesday, 29 August 2018

Wisdom and logic behind the harsh Shariah penalties for crimes like robbery adultery.


                Surely all praise is for Allah. We praise Him and seek his help. We seek his forgiveness and we seek refuge in Him from the evil of our own souls and from the wickedness of our deeds. Whomever He guides shall never go astray, and whomever He allows to astray shall never find guidance. I bear witness that none has a right to be worshiped but Allah alone, who has no partner, and i bear witness that Muhammad is His slave and His last and final messenger. May, mercy and blessing of Allah be upon Him and upon His family and His companions and upon those who follow them in piety until the Day of Judgment inshallah ameen.

                 In Islam Allah (subhana watala) the almighty has bestowed He mercy on the Ummah of the prophet Muhammad () and the entire generation to save guard the ummah from corruption and illegal action of our heart and deeds. By sending down the reveal law for the benefit of the all mankind as world. I am coming to discuss this topics inshallah:

*      Robbery

*      Adultery.

                  Firstly, indeed Stealing in Islam it is totally prohibited in both in the glorious Quran, this is an act of breaking people trust and leading the ummah of the prophet ().Allah (subhana watala) may He be Exalted said in the Glorious Quran: (As for) the theif, male and female, amputate their hands in recompense of what they earned (i.e. committed) as a deterrent (punishment) from Allah. And Allah is exalted in might and wise. (Quran: Al.Ma’idah: 38)

Allah (subhana watala) has send this law down through prophet () and this law is been  implemented throughout our life in order help mankind to be far away from corruption, injustice and mischief in the land. And to be guarded by what Allah has revealed for our own benefit and the well-being of the people in our societies.it also helps the ummah to be on what is good and to be away what is prohibited what is Evil.

                  Prophet () may peace be upon him says: “the thief hand should be cut off for stealing something that is worthy a quarter of a dinar or more” this is because in order to promote the well-being of the societies the prescribe punishment must be carry out, this will also limit number of stealing, injustice in our society because the thieve are the corrupted member of the society. To promote loyalty, unity, justices, equality, social justices, humility and tranquility. And there no argument among the scholars concerning about the legal necessities of cutting the hand of the thieve in general. According to scholars most of them agree that it is permissible to prevent their aggressive by means of disciplining, punishment, long imprisonment and deterrent penalty by confiscating their properties.

                  Prophet () says: “The hand (of the thief) should be cut off for (the theft of) a quarter of a Dinar or more.” [Al-Bukhari}. And he Prophet () also says “May Allah curse the thief who steals an egg and has his hand cut off, or steals a rope and has his hand cut off.” [Al-Bukhari]. From this hadith give us the assurance that stealing is the great sin that bring corruption, injustice, breaking peoples trust and dislike somebody who steal that is why in Islam stealing has no room to survived, because it is prohibited and any prohibited acts committed the law{sharia} will be applied on that victim. 

                   Prophet () says in one of the hadith that concerning about one thief who has stolen somebody properties they went to the prophet () and the victim discuss with one righteous companion to intercede for them to talk to the prophet () and He said to them Do you intercede the punishment of what Allah has send down to be Executed and set by Allah? Those who came before you were destroyed because if a rich man among them stole, they would let him off, but if a lowly person stole, they would carry out the punishment on him. By Allah, if Fatimah Bintou (daughter) my were to steal, I would cut off her hand.” (Hadith n.d.)

                  Ibnul Qiyyim says:  “the penalty of cutting the hand of the thief ) The act of taking the property of peoples unlawfully and by force   robbery, armed robbery, depredation, looting, pillage, ransacking, sack, stealing, swiping, theft, thievery, thieving, holdup (colloquial), burglary, heist (US, slang), hijacking, larceny, mugging (colloquial), stickup (chiefly US, colloquial), hijack. And the usury, as it is impossible to be guarded against them, for the plunderer digs out houses, stock, treasury and story and breaks of assure the certainty or validity. If cutting the hand of thief were not legislated, people will steal one another, damage will increase in intensity and the hardship would grow escalate.”

                     Secondly, indeed adultery is sinful as Allah {subhana watala} send down this excellent law that guard and protect the life of all humanity from this corruption, injustices, mischief on the land of the Muslims and destruction of family lineage. Woe to those who says that stoning the adultery is barbaric and inhuman. Less have a look on the wisdom behind stoning of adulterers to death. Allah the must merciful and all wise, wisdom behind ordaining prescribe punishment of Allah to those who committed the act they are mean of intended to prevent or defend against mischief  on the land contraceptive, preventative, preventive, protective, inhibitive, inhibitory  and restraint and purification from sins. They are  prescribing expressly  with authority  dictate, decree, charge, command, demand, bid, direct, enjoin and  impose to fulfill the rights of Allah, may He be exalted, this is for the ummah of the prophet at  first and the for the benefit of the Muslim communities .

                 Allah {subhana watala} the exalted is he, who has made this punishment necessary for (someone) as a duty or responsibility. Necessary for (someone) as a duty or responsibility upon those who commit crime stemming from the weakness in human nature. Thus, such prescribe punishment are in the best interest of the mankind this world as well as hereafter. To emphasize more on this subject matter or situation that is been dealt with  any state those not settle except through having Something that restricts or limits  restriction, circumscription, constraint, limitation, stricture, curbing, control, regulation deterrent  and punishment to be impose on criminals.

                   Through applying this punishment , disobedient people , A person who commits a crime ; criminal, culprit, double-dealer, delinquent, felon, gangster, lawbreaker, malefactor, mobster, offender  are deterrent, and the obedient and law abiding peoples feel safe justices are establish on this earth and people  feel secured with regard to their soul, honor is been accessible and property has been safe and  secured .

This can be seeing in the societies that apply the prescribe law by Allah. Where security, stability and welfare are achieved in a way none can deny it is always attempt at maximum level.

                 There is verse from the Glorious Quran about stoning the adulterers to death: While the Holy Quran, contains verses about stoning (Quran 11:20; Qur’an 15: 34; Qur’an 26:116) it is silent and it do not contain any verses about stoning women for adultery or any other sexual related crime. The verses that are contained in the Qur’an state the punishment for adultery to be either home confinement or flogging. The following are the verses: If any of your women are guilty of lewdness (al-fahishah), take the witness of four among you against them. And if they testify, confine them in their homes until death claims them or that God ordains for them some other way. (Quran. An-nisa, 15. )

                Allah may He be Exalted says: ………” and do not be taken by pity for them in the religion (I.e. law) of Allah ….” (Quran: An-Nur: 2)

       . …”if you believe in Allah and the last day”… (Quran: An-Nur: 2)

                In conclusion, we learn from above “Quran verse” that once the punishment is been prescribe not thing can stop it or pardon the victim from Executing the prescribe punishment of Allah. The advice I have for them is to rule by what Allah has send down to safeguard the ummah from Evil of our deeds, action and my our soul in order the protected the Muslim societies from corruption, distraction of the family lineage, life and secured people property, as result save guide the societies toward righteousness and enjoying good deeds; Subhanaka Allahuma bihamdik Ashadu an la illaha ila anta subhanaka wa tubilika.

 

 

Bibliography

 

 

Bidayat At-majtahid (2\529)

The kharijites (Al-khawarij, I.e the seceders)

Ibn majah (2553) {3\225}, Al-bukhari (6830) {12\176} and muslim (4394) {6\191}

Muhsan: one in a state of ihsan i.e in state of fortification against illegal sexual intercourse and immorality by virtue of valid (current or previous) marriage.

At-Tirmidhi (1442) {4\44} and At-bayhaqi (1677) {8\389}

Muslim (4890) {6\189}

At-bukhari (2153) {4\466} and muslim (4422) {6\211}

At-Tirmidhi (1428) {4\33} and ibn (2545) {5\219}

At-ijma (p.162)

At-bukhari (6824) {12\165}

Abu dawud (4419) {4\373}

“majmu ul-fatawa” (28\334)

At-mughni a

Dawud (4462) {4\393}, Tirmidhi (1460) {4\57} and majah (2561) {3\229}

Ibn majah Bassiouni, M. C. (1982), The Islamic Criminal Justice System (ed.), New York:

Oceana Publications, Inc.

Doi, A. R. I. (1984), Shari’ah: The Islamic Law, Ta Ha Publishers, London.

El-Awa, M. S. (1982), Punishment in Islamic Law: A Comparative Study,

Indianapolis, American Trust Publishers.

 

 

 

 


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