[10] Some of Islam’s Outstanding Characteristics

In The Name of Allah, The Most Merciful, The Bestower of Mercy.

Imam As-Sadi [may Allah have mercy upon him] said:

What the Islamic Shariah conveyed regarding prescribed punishments and their different types depending on the severity of the crimes

One of the greatest wrongdoings that breach social order, religious and worldly affairs are the crimes and trespasses that violate Allah’s rights and the rights of Allah’s servants. Therefore, Allah ordained punishments for offences as a deterrent (footnote a) and to alleviate their burdens through capital punishment (footnote b), flogging, and other forms of retribution. All of them have advantages – specific and general matters of public welfare through which the sensible person realises the excellence of Shari’ah, and that evils cannot be fully resisted and repelled except through Shari’ah punishments, which Allah ordained for different crimes depending on how common, rare, severe or less severe they are. [End of quote] (1)

Footnote a:

Shaikh Abu Khadeejah [may Allah preserve him] said: Some Islamic countries such as Saudi Arabia and parts of Nigeria use Sharī’ah Law as the law of the land. These include death penalties for murder and drug trafficking and amputation and removal of a hand for thieves who steal beyond a certain considerable sum. Even though these punishments exist, they are not used often because the crime rate in many Muslim countries is low. That is for two reasons: 1. The citizens are keen to live their lives in accordance with their Islamic faith, ethics and morals. 2. The threat of these punishments serves as a strong deterrent against crimes. https://abukhadeejah.com/educate-yourself-ethics-1-2-shariah-redstone-academy/


Footnote b:

Allah [The Exalted] said:

يَـٰٓأَيُّہَا ٱلَّذِينَ ءَامَنُواْ كُتِبَ عَلَيۡكُمُ ٱلۡقِصَاصُ فِى ٱلۡقَتۡلَى‌ۖ ٱلۡحُرُّ بِٱلۡحُرِّ وَٱلۡعَبۡدُ بِٱلۡعَبۡدِ وَٱلۡأُنثَىٰ بِٱلۡأُنثَىٰ‌ۚ فَمَنۡ عُفِىَ لَهُ ۥ مِنۡ أَخِيهِ شَىۡءٌ۬ فَٱتِّبَاعُۢ بِٱلۡمَعۡرُوفِ وَأَدَآءٌ إِلَيۡهِ بِإِحۡسَـٰنٍ۬‌ۗ ذَٲلِكَ تَخۡفِيفٌ۬ مِّن رَّبِّكُمۡ وَرَحۡمَةٌ۬‌ۗ فَمَنِ ٱعۡتَدَىٰ بَعۡدَ ذَٲلِكَ فَلَهُ ۥ عَذَابٌ أَلِيمٌ۬
وَلَكُمۡ فِى ٱلۡقِصَاصِ حَيَوٰةٌ۬ يَـٰٓأُوْلِى ٱلۡأَلۡبَـٰبِ لَعَلَّڪُمۡ تَتَّقُونَ

O you who believe! Al-Qisas (the Law of Equality in punishment) is prescribed for you in case of murder: the free for the free, the slave for the slave, and the female for the female. But if the killer is forgiven by the brother (or the relatives, etc.) of the killed against blood money, then adhering to it with fairness and payment of the blood money, to the heir should be made in fairness. This is an alleviation and a mercy from your Lord. So after this whoever transgresses the limits (i.e. kills the killer after taking the blood money), he shall have a painful torment. And there is (a saving of) life for you in Al-Qisas (the Law of Equality in punishment), O men of understanding, that you may become pious. [Surah Al-Baqarah. Verses 178-179]

Ash-Shaybaan reported from Qataadah [may Allah have mercy upon them] who said, “Among the people who lived during the pre-Islamic era, they were those who transgressed and followed Shaytaan. If a person had the strength and a large number of supporters, and a slave of theirs was slain by a slave of another people, they would proclaim, ‘We shall not kill (by way of retaliation) except a free person amongst them’. And if a woman kills another woman from another tribe, they say, ‘We shall not kill (in retaliation) except a man among them.’ As a result, Allah revealed this Ayah”.

And regarding the statement: [وَلَكُمۡ فِى ٱلۡقِصَاصِ حَيَوٰةٌ۬ يَـٰٓأُوْلِى ٱلۡأَلۡبَـٰبِ لَعَلَّڪُمۡ تَتَّقُونَ – And there is (a saving of) life for you in Al-Qisas (the Law of Equality in punishment), O men of understanding, that you may become pious], Az-Zujaaj [may Allah have mercy upon him] said, “If a man knows he will be killed if he murders someone, he will refrain from murder, saving both his own and others’ lives”. (2)

Imam Ibn Al-Qayyim [may Allah have mercy upon him] said: He refrains from murder because he loves and prioritises his own life, thereby saving both his own and the life of the person he wishes to murder. Also, when a man killed another man from another family or tribe, the victim’s family or tribe killed everyone they could find from the murderer’s family, tribe, and city district, resulting in widespread corruption and destruction. So Allah ordained the law of fair retribution, and that no one is killed except the murderer (3). This saved the lives of the murderer’s relatives and the residents of his city. (4)

Imam As-Sadi [may Allah have mercy upon him] said: Life is protected as a result of it [i.e. the law of equity in punishment], and the misguided ones who exit the boundaries of justice are restrained. And when others see a murderer being executed [by the authorities], they will take heed and desist from committing murder. As a result, if the punishment for a murderer was other than death [through capital punishment], the heinous act of murder would not have been averted. This is true for all Shariah-prescribed punishments since they are a means of prevention, demonstrating the perfect Wisdom of The All-Wise (Allah). In this Ayah, Allah emphasises and exalts life. And when none save persons of sound intellect and keen understanding are aware of the reality of this law, Allah addresses them directly. (5)

Our Responsibilities Whilst Living in a Society That Rules By Secular Laws

Shaikh Abdul Waahid Abu Khadeejah [may Allaah preserve him] said: Although Muslims in Britain are subject to British law and the British legal system, Sharī’ah tribunals are allowed in certain areas as an alternative way of resolving disputes. These are aimed at resolving commercial, civil and matrimonial disputes to the satisfaction of both sides. Sharī’ah Law is based upon the Qur’ān and Sunnah, and judgements are made in accordance with these two sources. Only those well-versed in Religion and jurisprudence (rulings in law) are permitted to judge in Sharī’ah matters. Read more here: https://www.abukhadeejah.com/educate-yourself-ethics-1-2-shariah-redstone-academy/

NB: Shaikh Abu Khadeejah stated, “Muslims in Britain are subject to British law and the British legal system”.

Therefore, one must be well aware of this fact and distance himself from the Takfeeris and those who take the law into their own hands. One must pay close attention to the fact – out of fear of Allaah and the Last Day – that it is obligated to us to behave well towards our non-Muslim fellow citizens and fulfil our covenants. Imaam Muhammad Ibn Saaleh Al-Uthaymeen [rahimahullaah] stated: Likewise I invite you to have respect for those people who have the right that they should be respected, from those between you and whom there is an agreement (of protection) [i.e. Non-Muslims]. For the land which you are living is such that there is an agreement between you and them. If this were not the case they would have killed you or expelled you. So preserve this agreement, and do not prove treacherous to it, since treachery is a sign of the hypocrites, and it is not from the way of the Believers. And know that it is authentically reported from the Prophet that he said: “Whoever kills one who is under an agreement of protection will not smell the fragrance of Paradise.” Do not be fooled by those sayings of the foolish people: those who say: ‘Those people are Non-Muslims, so their wealth is lawful for us [i.e. to misappropriate or take by way of murder and killing].’ For by Allaah – this is a lie. A lie about Allaah’s Religion, and a lie in Islamic societies.

O my brothers. O youth. O Muslims. Be truthful in your buying and selling, and renting, and leasing, and in all mutual transactions. Because truthfulness is from the characteristics of the Believers, and Allaah – the Most High – has commanded truthfulness – in the saying of Allaah – the Most High – “O you who believe – fear and keep your duty to Allaah and be with the truthful.”

And the Prophet encouraged truthfulness and said: “Adhere to truthfulness, because truthfulness leads to goodness, and goodness leads to Paradise; and a person will continue to be truthful, and strive to be truthful until he will be written down with Allah as a truthful person”.

And he warned against falsehood and said: “Beware of falsehood, because falsehood leads to wickedness, and wickedness leads to the Fire. And a person will continue lying, and striving to lie until he is written down with Allaah as a great liar.”

O my brother Muslims. O youth. Be true in your sayings with your brothers, and with those Non-Muslims whom you live along with – so that you will be inviters to the Religion of Islam, by your actions and in reality. So how many people there are who first entered Islaam because of the behaviour and manners of the Muslims, their truthfulness, and their being true in their dealings. [Salafipublications.com]

Must Read: Living With Non-Muslims With Fine Conduct:



Alliance with the non-Muslims is of two types – misunderstanding this affair leads people astray

Treaties With The Non-Muslims: Is it Allegiance? Is it Apostasy?
The Prophet of Islam would not kill diplomats, ambassadors, emissaries or foreign delegations even if they were sent by the worst of his enemies

[Ref 1: Ad-Durra Al-Mukhtasar Fee Mahaasin Deen Al-Islaamiy page 29 slightly paraphrased]

[Ref 2: An Excerpt from Zaadul Maseer Fee Ilmit Tafseer. By Imaam Ibnul Jawzi (rahimahullaah)]

[Ref 3: Shaikh Abu Khadeejah [may Allah preserve him] said: Prescribed punishments can only be carried out by the legal authority in a country that practices Islamic Law (i.e. in a Muslim country)… A Muslim, regardless of which country he lives in, is not allowed to physically harm those he regards to be sinners, nor incite others to do so. Vigilantism goes against Islamic teachings because it creates an anarchic, unjust and disorderly society.

[Ref 4: An Excerpt from Miftaah Daar As-Sa’aadah 431-432. Slightly paraphrased]

[Ref 5: An Excerpt from Tafseer As-Sadi. slightly paraphrased]

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