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Qur'an, Hadith and Scholars:Punishments: Difference between revisions
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Qur'an, Hadith and Scholars:Punishments (view source)
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{{Quote|{{Quran|47|4}}|Therefore, when ye meet the Unbelievers (in fight), '''smite at their necks'''; At length, when ye have thoroughly subdued them, bind a bond firmly (on them): thereafter (is the time for) either generosity or ransom: Until the war lays down its burdens. Thus (are ye commanded): but if it had been Allah's Will, He could certainly have exacted retribution from them (Himself); but (He lets you fight) in order to test you, some with others. But those who are slain in the Way of Allah,- He will never let their deeds be lost. }} | {{Quote|{{Quran|47|4}}|Therefore, when ye meet the Unbelievers (in fight), '''smite at their necks'''; At length, when ye have thoroughly subdued them, bind a bond firmly (on them): thereafter (is the time for) either generosity or ransom: Until the war lays down its burdens. Thus (are ye commanded): but if it had been Allah's Will, He could certainly have exacted retribution from them (Himself); but (He lets you fight) in order to test you, some with others. But those who are slain in the Way of Allah,- He will never let their deeds be lost. }} | ||
{{Quote|Ishaq, p. 461-464|Then they surrendered, and the apostle confined them in Medina in the quarter of d. al-Harith, a woman of B. al-Najjar. '''Then the apostle went out to the market of Medina (which is still its market today) and dug trenches in it. Then he sent for them and struck off their heads in those trenches as they were brought out to him in batches'''. Among them was the enemy of Allah Huyayy b. Akhtab and Ka`b b. Asad their chief. There were 600 or 700 in all, though some put the figure as high as 800 or 900. As they were being taken out in batches to the apostle they asked Ka`b what he thought would be done with them. He replied, 'Will you never understand? Don't you see that the summoner never stops and those who are taken away do not return? By Allah it is death!' This went on until the apostle made an end of them. Huyayy was brought out wearing a flowered robe in which he had made holes about the size of the finger-tips in every part so that it should not be taken from him as spoil, with his hands bound to his neck by a rope. When he saw the apostle he said, 'By God, I do not blame myself for opposing you, but he who forsakes God will be forsaken.' Then he went to the men and said, 'God's command is right. A book and a decree, and massacre have been written against the Sons of Israel.' '''Then he sat down and his head was struck off'''.}} | |||
===Crucifixion=== | ===Crucifixion=== | ||
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{{Quote|{{Muslim|17|4214}}|Al-Bara' b. 'Azib reported: There happened to pass by Allah's Apostle (may peace be upon him) a Jew blackened and lashed. Allah's Apostle (may peace be upon him) called them (the Jews) and said: Is this the punishment that you find in your Book (Torah) as a prescribed punishment for adultery? They said: Yes. He (the Holy Prophet) called one of the scholars amongst them and said: I ask you in the name of Allah Who sent down the Torah on Moses if that is the prescribed punishment for adultery that you find in your Book. He said: No. Had you not asked me in the name of Allah, I would not have given you this information. We find stoning to death (as punishment prescribed in the Torah). But this (crime) became quite common amongst our aristocratic class. So when we caught hold of any rich person (indulging in this offence) we spared him, but when we caught hold of a helpless person we imposed the prescribed punishment upon him. We then said: Let us argree (on a punishment) which we can inflict both upon the rich and the poor. So We decided to blacken the face with coal and flog as a substitute punishment for stoning. Thereupon Allah's Messenger (may peace be upon him) said: O Allah, '''I am the first to revive Thy command when they had made it dead. He then commanded and he (the offender) was stoned to death'''...}} | {{Quote|{{Muslim|17|4214}}|Al-Bara' b. 'Azib reported: There happened to pass by Allah's Apostle (may peace be upon him) a Jew blackened and lashed. Allah's Apostle (may peace be upon him) called them (the Jews) and said: Is this the punishment that you find in your Book (Torah) as a prescribed punishment for adultery? They said: Yes. He (the Holy Prophet) called one of the scholars amongst them and said: I ask you in the name of Allah Who sent down the Torah on Moses if that is the prescribed punishment for adultery that you find in your Book. He said: No. Had you not asked me in the name of Allah, I would not have given you this information. We find stoning to death (as punishment prescribed in the Torah). But this (crime) became quite common amongst our aristocratic class. So when we caught hold of any rich person (indulging in this offence) we spared him, but when we caught hold of a helpless person we imposed the prescribed punishment upon him. We then said: Let us argree (on a punishment) which we can inflict both upon the rich and the poor. So We decided to blacken the face with coal and flog as a substitute punishment for stoning. Thereupon Allah's Messenger (may peace be upon him) said: O Allah, '''I am the first to revive Thy command when they had made it dead. He then commanded and he (the offender) was stoned to death'''...}} | ||
== Vigilantism == | |||
===Hadith=== | |||
{{ quote |{{Bukhari|9|84|64}} | Narrated 'Ali: | |||
Whenever I tell you a narration from Allah's Apostle, by Allah, I would rather fall down from the sky than ascribe a false statement to him, but if I tell you something between me and you (not a Hadith) then it was indeed a trick (i.e., I may say things just to cheat my enemy). No doubt I heard Allah's Apostle saying, "During the last days there will appear some young foolish people who will say the best words but their faith will not go beyond their throats (i.e. they will have no faith) and will go out from (leave) their religion as an arrow goes out of the game. So, where-ever you find them, kill them, for '''who-ever kills them shall have reward on the Day of Resurrection'''." }} | |||
{{Quote|{{Abudawud|38|4349}}|Narrated Ali ibn AbuTalib: A Jewess used to abuse the Prophet (peace be upon him) and disparage him. A man strangled her till she died. The Apostle of Allah (peace be upon him) declared that '''no recompense was payable for her blood'''.}} | |||
{{Quote|{{Abudawud|38|4348}}|Narrated Abdullah Ibn Abbas: A blind man had a slave-mother who used to abuse the Prophet (peace be upon him) and disparage him. He forbade her but she did not stop. He rebuked her but she did not give up her habit. One night she began to slander the Prophet (peace be upon him) and abuse him. So he took a dagger, placed it on her belly, pressed it, and killed her. A child who came between her legs was smeared with the blood that was there. When the morning came, the Prophet (peace be upon him) was informed about it. | |||
He assembled the people and said: I adjure by Allah the man who has done this action and I adjure him by my right to him that he should stand up. Jumping over the necks of the people and trembling the man stood up. | |||
He sat before the Prophet (peace be upon him) and said: Apostle of Allah! I am her master; she used to abuse you and disparage you. I forbade her, but she did not stop, and I rebuked her, but she did not abandon her habit. I have two sons like pearls from her, and she was my companion. '''Last night she began to abuse and disparage you. So I took a dagger, put it on her belly and pressed it till I killed her.''' | |||
'''Thereupon the Prophet (peace be upon him) said: Oh be witness, no retaliation is payable for her blood'''.}} | |||
===Fiqh=== | |||
{{Quote|1=[http://www.shafiifiqh.com/maktabah/relianceoftraveller.pdf Reliance of the Traveller: A Classic Manual of Islamic Sacred Law]<BR>Ahmad ibn Naqib al-Misri, Edited and Translated by Nuh Ha Mim Keller (p. 508, o1.1-2)|2=Who is Subject to Retaliation for Injurious Crimes | |||
o1.1 - Retaliation | |||
Retaliation is obligatory (A: if the person entitled wishes to take it (dis: o3.8)) against anyone who kills a human being purely intentionally and without right. (O: Intentionally is a first restriction and excludes killing someone through an honest mistake, while purely excludes a mistake made in a deliberate injury (def: o2.3), and without right excludes cases of justifiable homicide such as lawful retaliation.) | |||
o1.2 '''The following are not subject to retaliation''': | |||
-1- a child or insane person, under any circumstances | |||
-2- '''a Muslim for killing a non-Muslim'''; | |||
-3- '''a Jewish or Christian subject of the Islamic state for killing an apostate from Islam (O: because a subject of the state is under its protection, while killing an apostate from Islam is without consequences)'''; | |||
-4- '''A father or mother (or their fathers of mothers) for killing their offspring, or offspring's offspring'''; | |||
-5- '''nor is retaliation permissible to a descendant for (A: his ancestor's) killing someone whose death would otherwise entitle the descendant to retaliate, such as when his father kills his mother'''.}} | |||
===Fatwas=== | |||
{{Quote|{{cite web quotebox|url= http://www.islamqa.com/en/ref/14305/defamation%20of%20the%20prophet|title= It is essential to respond to those who defame the Prophet (peace and blessings of Allaah be upon him)|publisher= Islam Q&A|author= Shaykh ‘Abd al-Rahmaan al-Barraak|series= Fatwa No. 14305|date= |archiveurl= http://www.webcitation.org/query?url=http%3A%2F%2Fwww.islamqa.com%2Fen%2Fref%2F14305%2Fdefamation%2520of%2520the%2520prophet&date=2013-06-19|deadurl=no}}|Defaming the Prophet (peace and blessings of Allaah be upon him) is a kind of kufr. If that is done by a Muslim then it is apostasy on his part, and '''the authorities have to defend the cause of Allaah and His Messenger (peace and blessings of Allaah be upon him) by executing the one who defamed him'''. If the one who defamed him repents openly and is sincere, that will benefit him before Allaah, although his repentance does not waive the punishment for defaming the Prophet (peace and blessings of Allaah be upon him), which is execution. If the person who defames him is a non-Muslim living under a treaty with the Muslim state, then this is a violation of the treaty and he must be executed, but that should be left to the authorities. If a Muslim hears a Christian or anyone else defaming the Prophet (peace and blessings of Allaah be upon him) he has to denounce him in strong terms. It is permissible to insult that person because he is the one who started it. How can we not stand up the Prophet (peace and blessings of Allaah be upon him)? '''It is also obligatory to report him to the authorities who can carry out the punishment on him. If there is no one who can carry out the hadd punishment of Allaah and stand up for the Messenger (peace and blessings of Allaah be upon him) then the Muslim has to do whatever he can''', so long as that will not lead to further mischief and harm against other people.}} | |||
==Shia Punishments== | |||
{{Quote|{{cite book|url= |title=Al-Muqni'ah |publisher= |page=129 |author=Al-Shaykh Al-Mufid |date= |archiveurl= |deadurl=no}}|"Whoever considers [[w:usury|usury]] lawful, should be beheaded."}} | |||
==See Also== | ==See Also== | ||
{{Hub4|Punishments|Punishments}} | |||
==External Links== | ==External Links== | ||
* [http://islamqa.com/en/ref/46068/punishments Detailed reasons for the punishment in the grave] ''- Islam Q&A'' | * [http://islamqa.com/en/ref/46068/punishments Detailed reasons for the punishment in the grave] ''- Islam Q&A'' | ||
[[Category:QHS]] | [[Category:QHS]] | ||