In the name of Allah most gracious most merciful
Assalaamu alaykum wa rahmatuallahi wa barakatahu
JURISPRUDENCE IN QURAN AND HADITH.
3:3 It is He Who sent down to thee (step by step) in truth the Book confirming what went before it; and He sent down Law (Of Moses) and the Gospel (of Jesus) before this as a guide to mankind and He sent down the Criterion (of judgment between right and wrong).
3:7 He it is Who has sent down to thee the Book: in it are verses basic or fundamental (of established meaning); they are the foundation of the Book: others are allegorical. But those in whose hearts is perversity follow the part thereof that is allegorical seeking discord and searching for its hidden meanings but no one knows its hidden meanings except Allah and those who are firmly grounded in knowledge say: "We believe in the Book; the whole of it is from our Lord"; and none will grasp the Message except men of understanding.
4:135 O ye who believe! stand out firmly for justice as witnesses to Allah even as against yourselves or your parents or your kin and whether it be (against) rich or poor: for Allah can best protect both. Follow not the lusts (of your hearts) lest ye swerve and if ye distort (justice) or decline to do justice verily Allah is well-acquainted with all that ye do.
5:8 O ye who believe! stand out firmly for Allah as witnesses to fair dealing and let not the hatred of others to you make you swerve to wrong and depart from justice. Be just: that is next to Piety: and fear Allah for Allah is well-acquainted with all that ye do.
16:90 Allah commands justice the doing of good and liberality to kith and kin and He forbids all shameful deeds and injustice and rebellion: He instructs you that ye may receive admonition.
7:33 Say: The things that my Lord hath indeed forbidden are: shameful deeds whether open or secret; sins and trespasses against truth or reason; assigning of partners to Allah for which he hath given no authority; and saying things about Allah of which ye have no knowledge.
6:151 Say: "Come I will rehearse what Allah hath (really) prohibited you from": join not anything as equal with Him; be good to your parents: kill not your children on a plea of want; We provide sustenance for you and for them; come not nigh to shameful deeds whether open or secret; take not life which Allah hath made sacred except by way of justice and law: thus doth He command you that ye may learn wisdom.
152 And come not nigh to the orphan's property except to improve it until he attain the age of full strength; give measure and weight with (full) justice; no burden do We place on any soul but that which it can bear; whenever ye speak speak justly even if a near relative is concerned; and fulfil the Covenant of Allah: thus doth He command you that ye may remember.
5:32 On that account: We ordained for the Children of Israel that if anyone slew a person unless it be for murder or for spreading mischief in the land it would be as if he slew the whole people: and if anyone saved a life it would be as if he saved the life of the whole people. Then although there came to them Our apostles with clear Signs yet even after that many of them continued to commit excesses in the land.
33Yusufali :The punishment of those who wage war against Allah and His Apostle and strive with might and main for mischief through the land is: execution or crucifixion of the cutting off of hands and feet from opposite sides or exile from the land: that is their disgrace in this world and a heavy punishment is theirs in the Hereafter.
Pickthall The only reward of those who make war upon Allah and His messenger and strive after corruption in the land will be that they will be killed or crucified, or have their hands and feet on alternate sides cut off, or will be expelled out of the land. Such will be their degradation in the world, and in the Hereafter theirs will be an awful doom;
[This is the formula verse for applying punishments & it can be applied to situations suited within the category mentioned]
4:64 We sent not an Apostle but to be obeyed in accordance with the will of Allah. If they had only when they were unjust to themselves come unto thee and asked Allah's forgiveness and the Apostle had asked forgiveness for them they would have found Allah indeed Oft-Returning most Merciful.
65 But no by thy Lord they can have no (real) Faith until they make thee judge in all disputes between them and find in their souls no resistance against thy decisions but accept them with the fullest conviction.
Al-Muwatta Hadith 36.2
Stimulation of Desire to Judge Correctly
Malik related to me from Yahya ibn Said from Said ibn al-Musayyab that Umar ibn al-Khattab had a dispute brought to him between a muslim and a jew. Umar saw that the right belonged to the jew and decided in his favour. The jew said to him, "By Allah! You have judged correctly.'' So Umar ibn al-Khattab struck him with a whip and said, "How can you be sure." The jew said to him, "We find that there is no judge who judges correctly but that there is an angel on his right side and an angel on his left side who guide him and give him success in the truth as long as he is with the truth. When he leaves the truth, they rise and leave him.
"[Believers in Allah should always say”Allah knows best”,Jews used to believe in Allah subhanawatala but they rejected Propeht Muhammad[pbuh] & used to follow corrupted scriptures thus becoming non-muslims because believing in all prophets is a must.
45:18 Yusuf Ali Then We put thee on the (right) Way of Religion: so follow thou that (Way) and follow not the desires of those who know not.
Pickthall And now have We set thee (O Muhammad) on a clear road of (Our) commandment; so follow it, and follow not the whims of those who know not.
”[i] Shariah literally means ‘way to water’—the source of all life
[ii]. Therefore, to a Muslim, Shariah signifies the way to God as given by God.
Two categories of crimes & Their Punishments
Hadd crimes are crimes against God's law and Tazir crimes are crimes against society.
1. Human life -For Crime Murder judgement is either Qisas[retaliation] or compensation.
2. Apostasy In Islam - Death punishment.
3. Property Theft -Cutting of hand from wrist.
4 .Purity of Lineage Adultery & Fornication- For adultery its 100 lashes & stoning to death.For fornication its 100 lashes & exile for one year.Adultery done once comes under category of mischief 5:33 and fornication done once comes under mischief 5:33
5.Respect and honour of citizens, Defamation or slander -False accusation of adultery or fornication 80 lashes other kinds of slander judges may decide.
6:Rape-Death or 100 lashes with one year exile or discretionary punishment
7: Making war upon Allah and His messenger –For example taking or giving interest or creating mischief on earth by commiting many crimes.
8.Aql(human intellect)- Alcoholism –First time its 40 lashes.[any intoxicants]
For instance, to preserve life, it prescribes the law of retribution. To preserve religion, it legislates the punishment for apostasy. In addition, to preserve reason, Shariah prescribes the punishment for drinking. To preserve lineage, it stipulates the penalty for fornication and false accusation against a chaste innocent woman. Moreover, to preserve wealth, Islamic penal system specifies the punishment for theft .
If a murderer is executed because of his crime, it apparently seems as if a second life has been taken, but a little deliberation shows that this punishment is actually a guarantee of the life of the whole society. If this punishment is not carried out, the mental disorder in which a person commits this crime is actually transmitted to the society. The extent of various diseases differs: diseases which result in such heinous crimes as murder, robbery theft or fornication are like those diseases in which it is necessary to amputate some limb of the body to save the whole body. Amputating a limb may seem a callous act, yet a doctor has to be 'callous'. If by showing sympathy to this limb he does not force himself to this 'cruelty', he shall have to bear with the patient's death.
A society in its collective capacity is like a body. At times, its limbs get infected to the extent that the only option is to cut them from the body through an operation. If sympathy is shown by considering it to be the limb of a patient, there is all the chance that this would fatally infect the whole body.
It is imperative to note that punishment in Islam has nothing to do with the notions of atonement, expiation, or wiping away of sins.
The Islamic Shariah provides two different types of punishments: Tazeer and Hud[hudd/hudood]. Tazeer, the lighter of two, means putting to shame or disgracing the criminal for offense he has committed against a member of the society. The objective of this approach is to educate and reform an offender and to facilitate his rehabilitation in the society. Tazeer’s extent and implementation is left to the discretion of a righteous, reliable, and learned judge (Qadi). Tazir: punishments vary according to the circumstances. They change from time to time and from place to place. They vary according to the gravity of the crime and the extent of the criminal disposition of the criminal himself. On the other hand, Hud/hudood/hadd, literally meaning boundary or limit, is a more severe penalty because it is a “liability incurred as a result of crossing the boundary set by God.”The Hud punishment is given when there is a violation of people’s rights.Punishments for hudd crimes are mentioned in Quran & Hadith.
More common punishments for Tazir crimes are counselling, fines, public or private censure, family and clan pressure and support, seizure of property, confinement in the home or place of detention, and flogging.This Paper does not gives details on Tazir crimes but only Hadd crimes.
TO BEGIN WITH HADD CRIMES:
MURDER:
25:68 Those who invoke not with Allah any other god nor slay such life as Allah has made sacred except for just cause not commit fornication and any that does this (not only) meets punishment
69 yusufali (But) the Penalty on the Day of Judgment will be doubled to him and he will dwell therein in ignominy .
42:40 "The recompense for an injury is an injury equal thereto (in degree): but if a person forgives and makes reconciliation, his reward is due from Allah: for (Allah) Loveth not those who do wrong."
17:33 Nor take life which Allah has made sacred except for just cause. And if anyone is slain wrongfully We have given his heir authority (to demand Qisas or to forgive): but let him not exceed bounds in the matter of taking life: for he is helped (by the Law).
5: 45 We ordained therein for them: "Life for life eye for eye nose for nose ear for ear tooth for tooth and wounds equal for equal." But if anyone remits the retaliation by way of charity it is an act of atonement for himself. And if any fail to judge by (the light of) what Allah hath revealed they are (no better than) wrong-doers.
2:178 O ye who believe! the law of equality is prescribed to you in cases of murder; the free for the free the slave for the slave the woman for the woman. But if any remission is made by the brother of the slain then grant any reasonable demand and compensate him with handsome gratitude; this is a concession and a Mercy from your Lord. After this whoever exceeds the limits shall be in grave penalty.
*Note: [Free for free,slave for slave etc means if a slave is killed by a slave then aggrevied party out of hatred should not kill 2,3 slaves in retaliation ,in days of ignorance Arabs used to kill in revenge as many as they wanted.In Islam only the criminal is killed in retaliation .This is a concession & mercy to the aggrieved party
179 In the law of equality there is (saving of) life to you O ye men of understanding! that ye may restrain yourselves.[Saving life of murderer,if the aggrieved party agrees & here judge can also decide what is best for both the parties with consultation between the two.
4:92 Never should a believer kill a believer; but (if it so happens) by mistake (compensation is due): if one (so) kills a believer it is ordained that he should free a believing slave and pay compensation to the deceased's family unless they remit it freely. If the deceased belonged to a people at war with you and he was a believer the freeing of a believing slave (is enough). If he belonged to a people with whom ye have a treaty of mutual alliance compensation should be paid to his family and a believing slave be freed. For those who find this beyond their means (is prescribed) a fast for two months running: by way of repentance to Allah: for Allah hath all knowledge and all wisdom.
93 If a man kills a believer intentionally his recompense is Hell to abide therein (for ever): and the wrath and the curse of Allah are upon him and a dreadful penalty is prepared for him.
Qisas Crimes and Diya
Islamic Law has an additional category of crimes that common law nations do not have. A Qisas crime is one of retaliation. If you commit a Qisas crime, the victim has a right to seek retribution and retaliation. The exact punishment for each Qisas crime is set forth in the Qur’an. If you are killed, then your family has a right to seek Qisas punishment from the murderer. Punishment can come in several forms and also may include "Diya.(Blood money)" Diya is paid to the victim's family as part of punishment. Diya is form of restitution for the victim or his family. The family also may seek to have a public execution of the offender or the family may seek to pardon the offender. Qisas crimes include:
1. Murder (premeditated and non-premeditated).
2. Premeditated offences against human life, short of murder.
3. Murder by error.
4. Offences by error against humanity, short of murder.
Qisas law combines the process of criminal and civil hearings into one, just as the "civil law" is applied in many nations of the world. Qisas crimes are compensated as restitution under common law and civil law.
1- If the believer belonged to the same tribe or other Muslim tribes, then free a believing slave, and pay compensation to the family of the deceased unless they remit it freely.
2- If the deceased was a Muslim and belonged to non-Muslims at war with us, then free a believing slave. The reason why his family wouldn't get compensated is because they are not believers. Unless they are believers, no money shall be paid to them.
3- If the deceased was a Muslim and belonged to non-Muslims who were allies with us, then free a believing slave and pay compensation to his non-Muslim family.
4- If any of the above is not possible for the accidental murderer, then fast for two months consecutively.
If a victim takes the Diya without government approval" Then the victim or family has committed a Tazir crime by accepting money which was not mandated by a judge: taking Diya must be carried out through proper governmental and judicial authority.
Allaah says :“The recompense of those who wage war against Allaah and His Messenger and do mischief in the land is only that they shall be killed or crucified or their hands and their feet be cut off from opposite sides, or be exiled from the land” [al-Maa’idah 5:33]
If someone or group had done genocide then the punishment is execution or crucifiction because it comes under the category of mischief on earth 5:33 is applied..
Sahih Al-Bukhari HadithHadith 9.17 Narrated byAbdullah
Allah's Apostle said, "The blood of a Muslim who confesses that none has the right to be worshipped but Allah and that I am His Apostle, cannot be shed except in three cases: In Qisas for murder, a married person who commits illegal sexual intercourse and the one who reverts from Islam (apostate) and leaves the Muslims."
Al-Tirmidhi HadithHadith 3490 Narrated byAbdullah ibn Amr ; Abdullah ibn Umar
Allah's Messenger (peace be upon him) said, "The compensation for unintentional murder which resembles intentional, such as is done with a whip and a stick, is a hundred camels, forty of which are pregnant."
Nasa'i and Ibn Majah transmitted it, and AbuDawud transmitted it both on his authority and on that of Ibn Umar.
Al-Muwatta Hadith 43.15c
Retaliation in Injury
Yahya said that Malik said, "The generally agreed on way of doing things in our community is that retaliation is taken from someone who breaks someone's hand or foot intentionally and not blood-money."
Malik said, "Retaliation is not inflicted on anyone until the wound of the injured party has healed. Then retaliation is inflicted on him. If the wound of the person on whom the retaliation has been inflicted is like the first person's wound when it heals, it is retaliation. If the wound of the one on whom the retaliation has been inflicted becomes worse or he dies, there is nothing held against the one who has taken retaliation. If the wound of the person on whom the retaliation has been inflicted heals and the injured party is paralysed or his injury has healed but he has a scar, defect, or blemish, the person on whom the retaliation has been inflicted does not have his hand broken again and further retaliation is not taken for his injury."
He said, "But there is blood-money from him according to what he has impaired or maimed of the hand of the injured party. The bodily injury is also like that."
Malik said, "When a man intentionally goes to his wife and gouges out her eye or breaks her hand or cuts off her finger or such like, and does it intentionally, retaliation is inflicted on him. As for a man who strikes his wife with a rope or a whip and hits what he did not mean to hit or does what he did not intend to do, he pays blood-money for what he has struck according to this principle, and retaliation is not inflicted on him."
Yahya related to me from Malik that he had heard that Abu Bakr ibn Muhammd ibn Amr ibn Hazm took retaliation for the breaking of a leg.
Al-Tirmidhi HadithHadith 3474 Narrated byAbdullah ibn Amr ibn al-'As
Allah's Messenger (peace be upon him) said, "If anyone kills a man deliberately he is to be handed over to the relatives of the one who has been killed. If they wish they may kill him, but if they wish they may accept compensation, which is thirty she-camels in their fourth year, thirty in their fifth year, and forty pregnant she-camels. Any arrangement they make with him is for them to decide."
Tirmidhi transmitted it.
Sahih Al-Bukhari HadithHadith 9.32 Narrated byAnas
The daughter of An-Nadr slapped a girl and broke her incisor tooth. They (the relatives of that girl), came to the Prophet and he gave the order of Qisas (equality in punishment).
APOSTASY:
Qur'an sanctions death for apostasy. The commentary given by Mawdudi for these verses is:
9:11,12 But if they repent and establish worship and pay the poor-due, then are they your brethren in religion. We detail our revelations for a people who have knowledge. And if they break their pledges after their treaty (hath been made with you) and assail your religion, then fight the heads of disbelief -- Lo! they have no binding oaths in order that they may desist.
"The following is the occasion for the revelation of this verse: During the pilgrimage (hajj) in A.H. 9 God Most High ordered a proclamation of an immunity. By virtue of this proclamation all those who, up to that time, were fighting against God and His Apostle and were attempting to obstruct the way of God's religion through all kinds of excesses and false covenants, were granted from that time a maximum respite of four months. During this period they were to ponder their own situation. If they wanted to accept Islam, they could accept it and they would be forgiven. If they wanted to leave the country, they could leave. Within this fixed period nothing would hinder them from leaving. Thereafter those remaining, who would neither accept Islam nor leave the country, would be dealt with by the sword." In this connection it was said: "If they repent and uphold the practice of prayer and almsgiving, then they are your brothers in religion. If after this, however, they break their covenant, then war should be waged against the leaders of kufr (infidelity). Here "covenant breaking" in no way can be construed to mean "breaking of political covenants". Rather, the context clearly determines its meaning to be "confessing Islam and then renouncing it". Thereafter the meaning of "fight the heads of disbelief" (9:11,12) can only mean that war should be waged against the leaders instigating apostasy."
"People who turn away from Islam and do not repent but wage war and create mischief in the land are also considered as murderers. "But if they break their oaths after making compacts and taunt you for your faith, you should fight with these ringleaders of disbelief because their oaths are not trustworthy: it may be that the sword alone will restrain them" (9:12).
4:89. They but wish that ye should reject Faith, As They do, and Thus be on the same footing (as they): but take not friends from their ranks until They flee In the way of Allah (from what is forbidden). but if They turn renegades, seize them and slay them Wherever ye find them; and (in any case) take no friends or helpers from their ranks;-
4:90. Except those who join a group between whom and you there is a treaty (of peace), or those who approach you with hearts restraining them from Fighting you As well As Fighting their own people. if Allah had pleased, He could have given them power over you, and They would have fought you: Therefore if They withdraw from you but Fight you not, and (instead) send you (Guarantees of) Peace, then Allah hath opened no way for you (to war against them).
ÉAnd fight them until there is no more Fitnah (disbelief and polytheism, i.e. worshipping others besides Allaah), and the religion (worship) will all be for Allaah Alone [in the whole of the world] [al-Anfaal 8:39]
He did not say, “if they pay the jizyah”. The Jews, Christians and Magians are to be asked to enter Islam; if they refuse then they should be asked to pay the jizyah. If they refuse to pay the jizyah then the Muslims must fight them if they are able to do so. Allaah says (interpretation of the meaning):“Fight against those who (1) believe not in Allaah, (2) nor in the Last Day, (3) nor forbid that which has been forbidden by Allaah and His Messenger (Muhammad), (4) and those who acknowledge not the religion of truth (i.e. Islam) among the people of the Scripture (Jews and Christians), until they pay the Jizyah with willing submission, and feel themselves subdued”[al-Tawbah 9:29]
And in Surah Al-Nahl, "But whosoever accepts disbelief willingly, he incurs God's Wrath, and there is severe torment for all such people" (16:106)"
3:85 If anyone desires a religion other than Islam (submission to Allah) never will it be accepted of him; and in the Hereafter he will be in the ranks of those who have lost (all spiritual good).
86 How shall Allah guide those who reject faith after they accepted it and bore witness that the Apostle was true and that clear signs had come unto them? But Allah guides not a people unjust.
87 Of such the reward is that on them (rests) the curse of Allah of His angels and of all mankind.
88 In that will they dwell; nor will their penalty be lightened nor respite be their (lot).
89 Except for those that repent (even) after that and make amends: for verily Allah is Oft-Forgiving Most Merciful.
90 But those who reject faith after they accepted it and then go on adding to their defiance of faith never will their repentance be accepted; for they are those who have (of set purpose) gone astray.
91 As to those who reject faith and die rejecting never would be accepted from any such as much gold as the earth contains though they should offer it for ransom. For such is (in store) a penalty grievous and they will find no helpers.
*Note:[With the above verse ,its deduced that the apostate is killed but not immediately & he/she is given time for three days so that one may repent as well]
(Sura 5:54)"O ye who believe! if any from among you turn back from his Faith, soon will Allah produce a people whom He will love as they will love Him,- lowly with the believers, mighty against the rejecters, fighting in the way of Allah, and never afraid of the reproaches of such as find fault. That is the grace of Allah, which He will bestow on whom He pleaseth. And Allah encompasseth all, and He knoweth all things."
*Note:In Islamic state apostates will be killed,otherwise left by Allah and Allah subhanawatala will produce a people who will love him.
Apostasy Creates Mischief
4:137 Those who believe then reject faith then believe (again) and (again) reject faith and go on increasing in unbelief Allah will not forgive them nor guide them on the way
*Note:Apostasy creates mischief on earth,that is one of the reason Apostate is killed,otherwise people may play games by pretending to accept Islam one day and renounce the otherday.
3:72 A section of the People of the Book say: "Believe in the morning what is revealed to the believers but reject it at the end of the day; perchance they may (themselves) turn back.
73 "And believe no one unless he follows your religion." Say: "True guidance is the guidance of Allah; (fear ye) lest a revelation be sent to someone (else) like unto that which was sent unto you. Or that those (receiving such revelation) should engage you in argument before your Lord." Say: "All bounties are in the hand of Allah: He granteth them to whom He pleaseth; and Allah careth for all and He knoweth all things."
*Note: the punishment is indeed death either by execution,crucificition etc.]
5:33 The punishment of those who wage war against Allah and His Apostle and strive with might and main for mischief through the land is: execution or crucifixion of the cutting off of hands and feet from opposite sides or exile from the land: that is their disgrace in this world and a heavy punishment is theirs in the Hereafter.
34 Except for those who repent before they fall into your power: in that case know that Allah is Oft-Forgiving Most Merciful.
*Note:[This formula verse is applicable here in the category of mischief]
5:32. On that account: we ordained for the Children of Israel that if any one slew a person - unless it be for murder or for spreading mischief In the land - it would be As if He slew the whole people: and if any one saved a life, it would be As if He saved the life of the whole people. then although there came to them Our apostles with Clear Signs, yet, Even after that, many of them continued to Commit excesses In the land.
Apostates Were Killed During Musa /Moses alai salaam’s time
2:53 And remember We gave Moses the Scripture and the criterion (between right and wrong) there was a chance for you to be guided aright.
54 And remember Moses said to his people: "O my people! Ye have indeed wronged yourselves by your worship of the calf so turn (in repentance) to your Maker and slay yourselves (the wrong-doers); that will be better for you in the sight of your Maker." Then He turned toward you (in forgiveness); for He is Oft-returning Most Merciful.
55 And remember ye said: "O Moses! we shall never believe in thee until we see Allah manifestly" but ye were dazed with thunder and lightning even as ye looked on.
Forced Apostasy Is No Apostasy
16:106 Anyone who after accepting faith in Allah utters unbelief except under compulsion his heart remaining firm in faith but such as open their breast to unbelief on them is Wrath from Allah and theirs will be a dreadful Penalty.
Killing Of Apostates In Hadith
Sahih Al-Bukhari HadithHadith 9.17 Narrated byAbdullah
Allah's Apostle said, "The blood of a Muslim who confesses that none has the right to be worshipped but Allah and that I am His Apostle, cannot be shed except in three cases: In Qisas for murder, a married person who commits illegal sexual intercourse and the one who reverts from Islam (apostate) and leaves the Muslims."
Volume 4, Book 52, Chapter 149, Number 260. p. 160-161.
Narrated 'Ikrima: 'Ali burnt some people and this news reached ibn 'Abbas, who said, "Had I been in his place I would not have burnt them, as the Prophet said, 'Don't punish (anybody) with Allah's Punishment.' No doubt, I would have killed them, for the Prophet said, 'If somebody (a Muslim) discards his religion, kill him.'" —
(Sura 3:86-90) — Volume 9, Book 84, Chapter 2, p. 42-43.
Ibn 'Umar, Az-Zuhri and Ibrahim said, "A female apostate (who reverts from Islam), should be killed. And the obliging of the reverters from Islam (apostates) to repent. Allah said: — 'How shall Allah guide a people who disbelieved after their belief and (after) they bore witness that the Apostle (Muhammad) was true, and that Clear Signs had come unto them? And Allah does not guide the wrong-doing people. As for such the reward is that on them (rests) the curse of Allah, the Angels, and of all mankind. They will abide there-in (Hell). Neither will their torment be lightened nor it will be postponed (for a while). Except for those that repent after that and make amends. Verily Allah is Oft-Forgiving, Most Merciful. Surely those who disbelieved after their belief, and go on adding to their defiance of faith, never will their repentance be accepted, and they are those who have gone astray.'
Volume 9, Book 84, Chapter 2, Number 58, p. 45-46.
Narrated Abu Burda: Abu Musa said, "I came to the Prophet along with two men (from the tribe) of Ash'ariyin, one on my right and the other on my left, while Allah's Apostle was brushing his teeth (with a Siwak), and both men asked him for some employment. The Prophet said, 'O Abu Musa (O 'Abdullah bin Qais!).' I said, 'By Him Who sent you with the Truth, these two men did not tell me what was in their hearts and I did not feel (realize) that they were seeking employment.' As if I were looking now at his Siwak being drawn to a corner under his lips, and he said, 'We never (or, we do not) appoint for our affairs anyone who seeks to be employed. But O Abu Musa! (or 'Abdullah bin Qais!) Go to Yemen.'" The Prophet then sent Mu'adh bin Jabal after him and when Mu'adh reached him, he spread out a cushion for him and requested him to get down (and sit on the cushion). Behold: There was a fettered man beside Abu Musa. Mu'adh asked, "Who is this (man)?" Abu Muisa said, "He was a Jew and became a Muslim and then reverted back to Judaism." Then Abu Musa requested Mu'adh to sit down but Mu'adh said, "I will not sit down till he has been killed. This is the judgment of Allah and His Apostle (for such cases) and repeated it thrice. Then Abu Musa ordered that the man be killed, and he was killed. Abu Musa added, "Then we discussed the night prayers and one of us said, 'I pray and sleep, and I hope that Allah will reward me for my sleep as well as for my prayers.'"
Sahih Al-Bukhari HadithHadith 5.632 Narrated byAbu Burda
That the Prophet sent his (i.e. Abu Burda's) grandfather, Abu Musa and Mu'adh to Yemen and said to both of them, "Facilitate things for the people. (Be kind and lenient) and do not make things difficult (for people), and give them good tidings, and do not repulse them and both of you should obey each other." Abu Musa said, "O Allah's Prophet! In our land there is an alcoholic drink (prepared) from barley called Al-Mizr, and another (prepared) from honey, called Al-Bit." The Prophet said, "All intoxicants are prohibited." Then both of them proceeded and Mu'adh asked Abu Musa, "How do you recite the Qur'an?" Abu Musa replied, "I recite it while I am standing, sitting or riding my riding animals, at intervals and piecemeal." Muadh said, "But I sleep and then get up. I sleep and hope for Allah's Reward for my sleep as I seek His Reward for my night prayer." Then he (i.e. Muadh) pitched a tent and they started visiting each other. Once Muadh paid a visit to Abu Musa and saw a chained man. Muadh asked, "What is this?" Abu Musa said, "(He was) a Jew who embraced Islam and has now turned apostate." Muadh said, "I will surely chop off his neck!"
Volume 9, Book 84, Number 59: Narrated Abu Huraira:
When the Prophet died and Abu Bakr became his successor and some of the Arabs reverted to disbelief, 'Umar said, "O Abu Bakr! How can you fight these people although Allah's Apostle said, 'I have been ordered to fight the people till they say: 'None has the right to be worshipped but Allah, 'and whoever said, 'None has the right to be worshipped but Allah', Allah will save his property and his life from me, unless (he does something for which he receives legal punishment) justly, and his account will be with Allah?' "Abu Bakr said, "By Allah! I will fight whoever differentiates between prayers and Zakat as Zakat is the right to be taken from property (according to Allah's Orders). By Allah! If they refused to pay me even a kid they used to pay to Allah's Apostle, I would fight with them for withholding it." 'Umar said, "By Allah: It was nothing, but I noticed that Allah opened Abu Bakr's chest towards the decision to fight, therefore I realized that his decision was right."
*Note:Islam demands complete submission,even if a single pillar is rejected ,its apostasy,outright disbelief.
Al-Muwatta Hadith Hadith 45.5 Residing in Madina and Leaving It
Malik related to me that Yahya ibn Said said, "I heard Abu'l-Hubab Said ibn Yasar say that he heard Abu Hurayra say that he heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'I was ordered to a town which will eat up towns. They used to say, 'Yathrib,' but it is Madina. It removes the bad people like the blacksmith's furnace removes impurities from the iron.' "
Al-Muwatta Hadith Hadith 45.4 Residing in Madina and Leaving It
Yahya related to me from Malik from Muhammad ibn al-Munkadir from Jabir ibn Abdullah that a Bedouin took an oath of allegiance in Islam with the Messenger of Allah, may Allah bless him and grant him peace. A fever befell the Bedouin at Madina. He came to the Messenger of Allah, and said, "Messenger of Allah, release me from my pledge." The Messenger of Allah, may Allah bless him and grant him peace, refused. Then he came to him again and said, "Release me from my pledge." The Messenger of Allah may Allah bless him and grant him peace, refused. Then he came again and said, "Release me from my pledge." He refused. Then he came again and said, "Release me from my pledge." He refused. The Bedouin left and the Messenger of Allah, may Allah bless him and grant him peace, said, "Madina is like the blacksmith's furnace. It removes the impurities and purifies the good."
*NOTE: "There was a case at the time of the Prophet (peace and blessings be upon him) where a man came to him in three consecutive days and told him that he wanted to apostate. The Prophet (peace and blessings be upon him) never took any action against him,because three days are given to think and reflect and make decision and when the man finally left Madina , the Prophet (peace and blessings be upon him) never sent anyone to arrest him, let alone kill him. This hadith appears in more than one version in Sahih Muslim and is authentic." -
Volume 9, Book 84, Number 72: Narrated:
Abu 'Abdur-Rahman and Hibban bin 'Atiyya had a dispute. Abu 'Abdur-Rahman said to Hibban, "You know what made your companions (i.e. Ali) dare to shed blood." Hibban said, "Come on! What is that?" 'Abdur-Rahman said, "Something I heard him saying." The other said, "What was it?" 'AbdurRahman said, "'Ali said, Allah's Apostle sent for me, Az-Zubair and Abu Marthad, and all of us were cavalry men, and said, 'Proceed to Raudat-Hajj (Abu Salama said that Abu 'Awana called it like this, i.e., Hajj where there is a woman carrying a letter from Hatib bin Abi Balta'a to the pagans (of Mecca). So bring that letter to me.' So we proceeded riding on our horses till we overtook her at the same place of which Allah's Apostle had told us. She was traveling on her camel. In that letter Hatib had written to the Meccans about the proposed attached of Allah's Apostle against them. We asked her, "Where is the letter which is with you?' She replied, 'I haven't got any letter.' So we made her camel kneel down and searched her luggage, but we did not find anything. My two companions said, 'We do not think that she has got a letter.' I said, 'We know that Allah's Apostle has not told a lie.'"
Then 'Ali took an oath saying, "By Him by Whom one should swear! You shall either bring out the letter or we shall strip off your clothes." She then stretched out her hand for her girdle (round her waist) and brought out the paper (letter). They took the letter to Allah's Apostle. 'Umar said, "O Allah's Apostle! (Hatib) has betrayed Allah, His Apostle and the believers; let me chop off his neck!" Allah's Apostle said, "O Hatib! What obliged you to do what you have done?" Hatib replied, "O Allah's Apostle! Why (for what reason) should I not believe in Allah and His Apostle? But I intended to do the (Mecca) people a favor by virtue of which my family and property may be protected as there is none of your companions but has some of his people (relatives) whom Allah urges to protect his family and property." The Prophet said, "He has said the truth; therefore, do not say anything to him except good." 'Umar again said, "O Allah's Apostle! He has betrayed Allah, His Apostle and the believers; let me chop his neck off!" The Prophet said, "Isn't he from those who fought the battle of Badr? And what do you know, Allah might have looked at them (Badr warriors) and said (to them), 'Do what you like, for I have granted you Paradise?' " On that, 'Umar's eyes became flooded with tears and he said, "Allah and His Apostle know best."
*Note:Hatib did not apostatized,he infact confirmed his belief in Islam,his intention was to protect his family and property,as he
___________
Uthman reports:I heard the Messenger of God saying that it is unlawful to shed the blood of a Muslim except in three situations: a. a person who, being a Muslim, becomes a kafir; b. one who after marriage commits adultery; c. one who commits murder apart from having an authorization to take life in exchange for another life.
I heard the Messenger of God saying that it is unlawful to shed the blood of a Muslim with the exception of three crimes: a. the punishment of someone who after marriage commits adultery is stoning; b. retaliation is required against someone who intentionally commits murder; c. anyone who becomes an apostate after being a Muslim should be punished by death.
All the reliable texts of history clearly prove that Uthman, while standing on the roof of his home, recited this tradition before thousands of people at a time when rebels had surrounded his house and were ready to kill him. His argument against the rebels was based on the point of this tradition that apart from these three crimes it was unlawful to put a Muslim to death for a fourth crime, "and I have committed none of these three. Hence after killing me, you yourself will be found guilty." It is evident that in this way this tradition became a clear argument in favour of Uthman against the rebels. Had there been the slightest doubt about the genuineness of this tradition, hundreds of voices would have cried out: "Your statement is false or doubtful!" But not even one person among the whole gathering of the rebels could raise an objection against the authenticity of this tradition.
Believe in Whole Book-Quran
Believing in the whole book is a must,even if any fundamental belief is missed then its apostasy.There are some sects in Islam yet they held firmly fundamental beliefs and yet are muslims.A certain category of deviant Muslims are not apostates but only deviants.
(3:19). The Religion before Allah is Islam (submission to His Will): Nor did the People of the Book dissent therefrom except through envy of each other, after knowledge had come to them. But if any deny the Signs of Allah, Allah is swift in calling to account.
(Al-Quran 2:85)After this it is ye, the same people, who slay among yourselves, and banish a party of you from their homes; assist (Their enemies) against them, in guilt and rancour; and if they come to you as captives, ye ransom them, though it was not lawful for you to banish them. Then is it only a part of the Book that ye believe in, and do ye reject the rest? but what is the reward for those among you who behave like this but disgrace in this life?- and on the Day of Judgment they shall be consigned to the most grievous penalty. For Allah is not unmindful of what ye do.
(3:83)"Is it then other than Allaah's Deen[1] that they seek while everything else in the universe submits to Him as a Muslim, willingly or unwillingly, and to Him shall they be returned?"
(3:72)"A faction from the People of the Book say: "Believe in the morning what is sent down to the believers, then reject it at the end of the day; perhaps they go back on their religion."
The Law Of Islam Is Absoulte Submission
When a person is a Muslim he submits his will to Allah subhanawatala ,hence he accepts the law of submission,and the condition for acceptance is never to break the law.If then a person breaks the law then death is the penalty.
Verses which makes submission a life long commitment.
A muslims accepts all the below verse as true ,its pledge,its acceptance that Islam is perfect,correct,and the truth.After accepting whole heartedly one cannot break the pledge,the covenant.
2: 208. O you who believe! Enter perfectly in Islâm (by obeying all the rules and regulations of the Islâmic religion) and follow not the footsteps of Shaitân (Satan). Verily! He is to you a plain enemy.
3:85. And whoever seeks a religion other than Islâm, it will never be accepted of him, and in the Hereafter he will be one of the losers.
42:13. He (Allâh) has ordained for you the same religion (Islâm) which He ordained for Nûh (Noah), and that which We have inspired in you (O Muhammad SAW), and that which We ordained for Ibrahîm (Abraham), Mûsa (Mosesý) and 'Iesa (Jesus) saying you should establish religion (i.e. to do what it orders you to do practically), and make no divisions in it (religion) (i.e. various sects in religion). Intolerable for the Mushrikûn , is that to which you (O Muhammad SAW) call them. Allâh chooses for Himself whom He wills, and guides unto Himself who turns to Him in repentance and in obedience.
48:28. He it is Who has sent His Messenger (Muhammad SAW) with guidance and the religion of truth (Islâm), that He may make it (Islâm) superior over all religions. And All-Sufficient is Allâh as a Witness.
9: 33. It is He Who has sent His Messenger (Muhammad SAW) with guidance and the religion of truth (Islâm), to make it superior over all religions even though the Mushrikûn (polytheists, pagans, idolaters, disbelievers in the Oneness of Allâh) hate (it).
61: 9. He it is Who has sent His Messenger (Muhammad SAW) with guidance and the religion of truth (Islâmic Monotheism) to make it victorious over all (other) religions even though the Mushrikûn (polytheists, pagans, idolaters, and disbelievers in the Oneness of Allâh and in His Messenger Muhammed SAW) hate (it).
4:125. And who can be better in religion than one who submits his face (himself) to Allâh (i.e. follows Allâh's Religion of Islâmic Monotheism); and he is a Muhsin (a good-doer - see V.2:112). And follows the religion of Ibrâhim (Abraham) Hanifa (Islâmic Monotheism - to worship none but Allâh Alone). And Allâh did take Ibrâhim (Abraham) as a Khalil (an intimate friend).
And We have revealed to you the Book with the truth...We appoint a law and a way" (05:48)
*Note:After accepting the law one cannot leave it.
God has sent down the Law (of Moses) and the Gospel (of Jesus) before this, as a guide to mankind, and He sent down the criterion of judgment between right and wrong (3:3).
*Note:After accepting the criteria one cannot reject it.
“And whoever fails to judge on the basis of that which Allah revealed has committed Kufr (disbelief),… Dhulm (injustice and oppression),… and Fisq (wickedness and enormous sin), (Qur’an, 5:44 - 47).
5:3. Forbidden to you (for food) are: Al-Maytatah (the dead animals - cattle-beast not slaughtered), blood, the flesh of swine, and the meat of that which has been slaughtered as a sacrifice for others than Allâh, or has been slaughtered for idols, etc., or on which Allâh's Name has not been mentioned while slaughtering, and that which has been killed by strangling, or by a violent blow, or by a headlong fall, or by the goring of horns - and that which has been (partly) eaten by a wild animal - unless you are able to slaughter it (before its death) and that which is sacrificed (slaughtered) on AnNusub (stone altars). (Forbidden) also is to use arrows seeking luck or decision, (all) that is Fisqun (disobedience of Allâh and sin). This day, those who disbelieved have given up all hope of your religion, so fear them not, but fear Me. This day, I have perfected your religion for you, completed My Favour upon you, and have chosen for you Islâm as your religion. But as for him who is forced by severe hunger, with no inclination to sin (such can eat these above-mentioned meats), then surely, Allâh is OftForgiving, Most Merciful.
Al-Deen, in particular, is used with the word ‘Maalik’ and ‘Tamlik’ in verses 1:4 and 82:18-19. The root of these words is dominion, sovereignty, authority, kingship, rule and ownership. The Qur'an stresses the fact that sovereignty belong to Allah alone (40:12, 82:19-19).
4:48. Verily, Allâh forgives not that partners should be set up with him in worship, but He forgives except that (anything else) to whom He pleases, and whoever sets up partners with Allâh in worship, he has indeed invented a tremendous sin.
Disbelief Is The Biggest Crime
Volume 9, Book 84, Number 53: Narrated 'Abdullah:
When the Verse: 'It is those who believe and confuse not their belief with wrong (i.e., worshipping others besides Allah): (6.82) was revealed, it became very hard on the companions of the Prophet and they said, "Who among us has not confused his belief with wrong (oppression)?" On that, Allah's Apostle said, "This is not meant (by the Verse). Don't you listen to Luqman's statement: 'Verily! Joining others in worship with Allah is a great wrong indeed.' (31.13)
Volume 9, Book 84, Number 54: Narrated Abu Bakra:
The Prophet. said, "The biggest of the great sins are: To join others in worship with Allah, to be undutiful to one's parents, and to give a false witness." He repeated it thrice, or said, "....a false statement," and kept on repeating that warning till we wished he would stop saying it. (See Hadith No.7, Vol. 8)
Volume 9, Book 84, Number 55: Narrated 'Abdullah bin 'Amr:
A bedouin came to the Prophet and said, "O Allah's Apostle! What are the biggest sins?: The Prophet said, "To join others in worship with Allah." The bedouin said, "What is next?" The Prophet said, "To be undutiful to one's parents." The bedouin said "What is next?" The Prophet said "To take an oath 'Al-Ghamus." The bedouin said, "What is an oath 'Al-Ghamus'?" The Prophet said, "The false oath through which one deprives a Muslim of his property (unjustly)."
Ubadah ibn As-Samit said, "We gave the Prophet the pledge of allegiance for Islam, and among the conditions on which he took the pledge from us, was that we were … not to fight against the ruler unless we noticed him having open kufr (disbelief), for which we would have a proof with us from Allah." (Al-Bukhari and Muslim)14.
Nay, We hurl the truth against falsehood, and it knocks out its brain, and behold, falsehood doth perish! Ah! Woe be to you for the (false) things ye ascribe (to Us)] (Al-Anbiyaa' 21:18)
Obedience To Authority If They Follow Islam
4: 59. O you who believe! Obey Allâh and obey the Messenger (Muhammad SAW), and those of you (Muslims) who are in authority. (And) if you differ in anything amongst yourselves, refer it to Allâh and His Messenger (SAW), if you believe in Allâh and in the Last Day. That is better and more suitable for final determination.
4:83. When there comes to them some matter touching (public) safety or fear, they make it known (among the people), if only they had referred it to the Messenger or to those charged with authority among them, the proper investigators would have understood it from them (directly). Had it not been for the Grace and Mercy of Allâh upon you, you would have followed Shaitân (Satan), save a few of you.
*Note:If the authority follows Islam the obey it otherwise if it professes disbelief then disobey.
No Compulsion
If one does not accepts Islam then there is no compulsion ,there is free choice,either accept of reject but if accepted then there is no room for rejection,that is the condition of acceptance,so think well and decide,do not make it a light matter .
“Leave alone those who take their religion to be mere play and amusement, and are deceived by the life of this world” (6:70).
2:256 Let there be no compulsion in religion. Truth stands out clear from error; whoever rejects evil and believes in Allah hath grasped the most trustworthy hand-hold that never breaks. And Allah heareth and knoweth all things.*Note:[This verse is for not forcing a non-muslim to convert to Islam.Along with that ,It does not to give freedom to Muslims to forsake religion and if apostasy is done in an Unislamic state then apostate is not killed but if apostasy is done in an Islamic State then three days time is given to think and refect,if one does not reverts back to Islam then punishment is death].
Had your Lord willed, all the people on earth would have believed. So can you (Prophet) compel people to believe?(Yunus 10:99)
For you is your religion and for me is mine” (109:6).
If Allah had pleased they would not have set up (other gods with Him). And We have not appointed thee a keeper over them (hafeez), and thou art not laced in charge of them (vakeel)” (6:108)
“Clear proofs indeed have come to you from your Lord; so whoever sees, it is for his own good; and whoever is blind, it is to his own harm. And I am not a keeper over you.” (6:105)
And say: The Truth is from your Lord; so let him who please believe, and let him who please disbelieve. We have prepared for the iniquitous a Fire, an enclosure of which will encompass them.” (18:29).
"Let him who wishes to believe, do so; and let him who wishes to disbelieve, do so." (Al-Kahf: 29)
Yours is only the duty to convey the message; you are not a guardian over them." (Al-Ghashiyah: 21- 22)
22:40 (They are) those who have been expelled from their homes In defiance of right,- (for no Cause) except that They say, "Our Lord is Allah.. did not Allah Check one set of people by means of another, there would surely have been pulled down monasteries, churches, synagogues, and mosques, In which the name of Allah is commemorated In abundant measure. Allah will certainly aid those who aid His (cause);- for Verily Allah is full of strength, Exalted In Might, (able to enforce His Will).
*Note:These are all the places of worship where Allah’s name is commemorated,by the true and pious people of the book,along with Masjids,Make Jihad to defend the truth.Allah always commanded to fight against wrong and to defened the places where only his name is commemorated.
Convey The Message
The duty is to convey the message of Islam,invite people,its freewill,whoever wants to reject can reject ,whoever wants to accept can accept,but if once accepted then there is no turning back,as a person agrees that Allah is the God,then he/she cannot never trun back from their agreement on divine law.
Apostasy is breach of divine law.Hence the punishment is death.
3:20. So if they dispute with you (Muhammad SAW) say: "I have submitted myself to Allâh (in Islâm), and (so have) those who follow me." And say to those who were given the Scripture (Jews and Christians) and to those who are illiterates (Arab pagans): "Do you (also) submit yourselves (to Allâh in Islâm)?" If they do, they are rightly guided; but if they turn away, your duty is only to convey the Message; and Allâh is All-Seer of (His ) slaves.
5: 92. And obey Allâh and the Messenger (Muhammad SAW), and beware (of even coming near to drinking or gambling or AlAnsâb, or AlAzlâm, etc.) and fear Allâh. Then if you turn away, you should know that it is Our Messenger's duty to convey (the Message) in the clearest way.
16:125 "Invite (all) to the Way of thy Lord with wisdom and beautiful preaching; and argue with them in ways that are best and most gracious: for thy Lord knoweth best, who have strayed from His Path, and who receive guidance."
60:8-9 "Allah forbids you not, with regard to those who fight you not for (your) Faith nor drive you out of your homes, from dealing kindly and justly with them: for Allah loveth those who are just. Allah only forbids you, with regard to those who fight you for (your) Faith, and drive you out of your homes, and support (others) in driving you out, from turning to them (for friendship and protection). It is such as turn to them (in these circumstances), that do wrong."
6:108 "Revile not ye those whom they call upon besides Allah, lest they out of spite revile Allah in their ignorance. Thus have We made alluring to each people its own doings. In the end will they return to their Lord, and We shall then tell them the truth of all that they did."
88:21. So remind them (O Muhammad (Peace be upon him)), you are only a one who reminds.
22. You are not a dictator over them.
13: 40. Whether We show you (O Muhammad SAW) part of what We have promised them or cause you to die, your duty is only to convey (the Message) and on Us is the reckoning.
There Will Always Be Disbelievers
10:99 99. If it had been Thy Lord's will, They would all have believed,- all who are on earth! wilt Thou then compel mankind, against their will, to believe!
12:40. "You do not worship besides Him but only names which you have named (forged), you and your fathers, for which Allâh has sent down no authority. The command (or the judgement) is for none but Allâh. He has commanded that you worship none but Him (i.e. His Monotheism), that is the (true) straight religion, but most men know not.
Apostates In UnIslamic State Are Not Killed Unless they blaspheme against Allah and Prophet Muhammad salla lahu alaihi wa sallam.
10: 22. He it is Who enables you to travel through land and sea, till when you are in the ships and they sail with them with a favourable wind, and they are glad therein, then comes a stormy wind and the waves come to them from all sides, and they think that they are encircled therein, they invoke Allâh, making their Faith pure for Him Alone, saying: "If You (Allâh) deliver us from this, we shall truly be of the grateful."
23. But when He delivered them, behold! They rebel (disobey Allâh) in the earth wrongfully. O mankind! Your rebellion (disobedience to Allâh) is only against your ownselves, - a brief enjoyment of this worldly life, then (in the end) unto Us is your return, and We shall inform you that which you used to do.
Pharoah punished apostasy with crucificition
“You believe in Him before I give you permission.” (7:123) and then he terrorises them “I shall certainly cut off your hands and your feet on opposite sides, then I shall crucify you all together.” (7:124)
*Note: Pharoah punished apostasy with crucificition whereas the in Islam the punishment is death and among the punishments for mischief on earth is crucificition 5:33
No Other Religion Is Accepted
39: 2. Verily, We have sent down the Book to you (O Muhammad SAW) in truth: So worship Allâh (Alone) by doing religious deeds sincerely for Allâh's sake only, (and not to show-off, and not to set up rivals with Him in worship).
31:32,39:11, 40:14, 40:65, and 98:5
Acts Which Makes A Believer An Apostate
A public declaration or conduct that denies Islam, its beliefs, symbols or its principal actors such as statements as "I believe in gods other than Allah", or "Allah has a material form".
Worshipping an idol.
Denying the existence of Allah (atheism).
Saying the world has always existed from eternity, in such a way that it denies the existence of Allah as a creator.
Saying that the world is everlasting and without end, in such a way that it could be interpreted as a denial of resurrection.
Believing in reincarnation into this world, in such a way that it could be interpreted as a denial of resurrection
The Views of the Rightly-Guided Caliphs
1. During the time of Abu Bakr a woman named Umm Qarfa became a kafir after accepting Islam. Abu Bakr requested that she repent but she did not. Abu Bakr had her put to death.
2. Amru ibn al-As, the governor of Egypt, wrote to Umar that a man accepted Islam, then became a kafir, then accepted Islam and then became a kafir. He committed this act several times. Now should his Islam be accepted or not? Umar replied: As long as God has accepted his Islam, you too should do so. Offer him Islam. If he accepts it, leave him alone. Otherwise kill him.
3. Sad ibn Abi Waqqas and Abu Musa Ashari sent a messenger to Umar after the Battle of Tustar. The messenger presented a report of the events to Umar. Finally Umar asked: Did anything unusual happen? He said: Yes, Leader of the Faithful. We caught an Arab who had become a kafir after accepting Islam. Umar asked: Then what did you do with him? He said: We killed him. At that, Umar said: Why did you not confine him to a room, put a lock on the door, keep him there for three days and daily throw him a loaf of bread? Perhaps during that time he may have repented. O God! This act did not take place at my command or in my presence; nor after hearing about it am I pleased with it. Nevertheless Umar enquired no further about the matter from Sad and Abu Musa Ashari, nor did he plan to punish them.
This proves that the action of Sad and Abu Musa was indeed within the limits of the law, but that in Umar's opinion it would have been much better to have given the person an opportunity to repent before killing him.
Abdullah ibn Masud was informed that in one of the mosques of the Banu Hanifah some people were testifying that Musaylimah was a messenger of God. Hearing this, Abdullah sent police to arrest and bring them. When they were brought before him, they all repented and promised never to do it again. Abdullah let all of them go except one, Abdullah ibn al-Nawahah, whom he punished by death. The people said: How is it that you have given two conflicting verdicts in the same case? Abdullah replied that Ibn al-Nawahah was the very man who has been sent by Musaylimah as an ambassador to the Prophet (Muhammad). I was present at that time. Another man, Hajar ibn Wathal, was also with him as a partner in this diplomatic mission. Muhammad asked both of them: Do you bear witness that I am the Messenger of God? They both responded by asking: Do you bear witness that Musaylimah is the Messenger of God? Hearing that, Muhammad replied: If it were permitted to execute the delegates of a political mission, I would execute you both. After relating this event, Abdullah said: For this reason I punished Ibn al-Nawahah by death.
It is clear that this event occurred during the time of Umar when Abdullah ibn Masud was chief judge of Kufah under him.
5. Some men who were spreading the claim of Musaylimah were captured in Kufah. Uthman was informed in writing about it. He wrote in response that the true religion (din-i haqq) and the confession: "There is no god except God and Muhammad is the Messenger of God", should be presented before them. Whoever accepts it and reveals his rejection of Musaylimah should be released. Whoever upholds the religion of Musaylimah should be executed.
6. A man who was formerly a Christian, then was Muslim, and again became a Christian was brought before Ali. Ali asked him: What is the cause of your conduct? He replied: I have found the religion of the Christians better than your religion. Ali asked: What is your belief about Jesus? He said: He is my Lord (Rabb); or else he said: He is Lord of Ali. Hearing this, Ali ordered that he be executed.
7. Ali was informed about a group of Christians who had become Muslims and then became Christians again. Ali arrested them, summoned them before himself and enquired about the truth of the matter. They said: We were Christians. Then we were offered the choice of remaining Christians or becoming Muslims. We chose Islam. But now it is our opinion that no religion is more excellent than our first religion. Therefore we have become Christians now. Hearing this, Ali ordered these people to be executed and their children enslaved.
The First Caliph's Jihad (Holy War) against Apostates
But more weighty than all of these examples is the example of the jihad of Abu Bakr Siddiq against "the people of apostasy". The whole company of the Companions of the Prophet participated in it. Even if in the beginning anyone disagreed with this war, later the disagreement changed to agreement. This event therefore clearly proves that those persons who received religious instruction directly from the Prophet were united in deciding that an Islamic government should wage war against any group that renounces Islam. Some people argue that this event was a jihad because they understand the apostates to have been in fact rebels who had ceased paying the government tax (zakat), dismissed the government officials and began to establish their own governments. But this argument is definitely wrong on four accounts:
1. Not all the people against whom the jihad was conducted withheld zakat. In fact they included various types of apostates. Some Arabs believed in individuals who had laid claim to prophethood and proclaimed their message in various corners of Arabia. Others renounced their faith in the prophethood of Muhammad, saying that if Muhammad had been a prophet, he would not have died (law kana Muhammadun nabiyyan ma mata). Some people acknowledged all the requirements of religion and were ready to pay even zakat. But, they added, they themselves would collect and spend their zakat and would not give it to the officials of Abu Bakr. Still others said: We followed God's Messenger when he was among us, but how amazing that Abu Bakr's rule is imposed upon us!
It was as if they opposed the establishment of the caliphate after the prophet and the arrangement that all Muslims by compulsion were attached to this focal point as they had been attached to the personality of the Messenger of God.
Allah knows best.
THEFT:CUTTING OF HAND FROM WRIST.
Click here for Arabic dictionary MEANING for theft-----------a person who steals, esp. secretly and without violence .
Its not only applied to armed robbery but also to heft in general.Arabic word for thief is Sariqa.
5:38 As to the thief male or female cut off his or her hands: a punishment by way of example from Allah for their crime: and Allah is Exalted in Power. [From wrists]
Transliteration Was sa_riqu was sa_riqatu faqta'u_ aidayahuma_ jaza_'am bima_ kasaba_ naka_lam minalla_h(i), walla_hu 'azizun hakim(un).
39 39 But if the thief repent after his crime and amend his conduct Allah turneth to him in forgiveness; for Allah is Oft-Forgiving Most Merciful.
*Note:[If they continue to repeat the crime then cut leg(foot) opposite to that hand,if again they repeat the crime then again hand from wrist then if again then the remaining leg ,these ordinances are in hadith .But if its repeated for the fifth time then it comes under the categoty of mischief on earth and they will be crucified or executed.
Transliteration Faman ta_ba mim ba'di zulmihi wa aslaha fa innalla_ha yatu_bu 'alaih(i), innalla_ha gafu_rur rahim(un).
5:33 The punishment of those who wage war against Allah and His Apostle and strive with might and main for mischief through the land is: execution or crucifixion of the cutting off of hands and feet from opposite sides or exile from the land: that is their disgrace in this world and a heavy punishment is theirs in the Hereafter.
34 Except for those who repent before they fall into your power: in that case know that Allah is Oft-Forgiving Most Merciful.
Click here for Arabic dictionary meaning for cut is FAQTA
1) is a Muslim[it’s the same for a non-muslim]
2) is an adult;
3) is sane;
4) must not have been compelled by someone else to commit the theft;
5) must not have been hungry while committing theft.
Hadith gives further details and sets up the categories
Sunan of Abu-DawoodHadith 4375 Narrated byRafi' ibn Khadij
Muhammad ibn Yahya ibn Hibban said: A slave stole a plant of a palm-tree from the orchard of a man and planted it in the orchard of his master. The owner of the plant went out in search of the plant and he found it. He solicited help against the slave from Marwan ibn al-Hakam who was the Governor of Medina at that time. Marwan confined the slave and intended to cut off his hand. The slave's master went to Rafi' ibn Khadij and asked him about it. He told him that he had heard the Apostle of Allah (peace be upon him) say: The hand is not to be cut off for taking fruit or the pith of the palm-tree. The man then said: Marwan has seized my slave and wants to cut off his hand. I wish you to go with me to him and tell him that which you have heard from the Apostle of Allah (peace be upon him). So Rafi' ibn Khadij went with him and came to Marwan ibn al-Hakam. Rafi' said to him: I heard the Apostle of Allah (peace be upon him) say: The hand is not to be cut off for taking fruit or the pith of the palm-tree. So Marwan gave orders to release the slave and then he was released.
Al-Tirmidhi HadithHadith 3036 Narrated byAbdullah ibn Amr ibn al-'As
Allah's Messenger (peace be upon him) was asked about hanging fruit and said, "If a needy person takes some and does not take a supply away in his garment he is not to be blamed, but he who carries any of it away is to be fined twice the value and punished; he who steals any of it after it has been put in the place where dates are dried is to have his hand cut off if their value reaches the price of a shield." Regarding stray camels and sheep he mentioned the same as others have done. He said he was asked about finds and replied, "If it is in a frequented road and a large town make the matter known for a year and if its owner comes give it to him, but if he does not it belongs to you. But if it is in a place which has been waste from ancient times, or if it is hidden treasure belonging to the pre-Islamic period it is subject to payment of the fifth." Nasa'i' transmitted it. AbuDawud transmitted it from Amr from "He was asked about finds" to the end.
Nasa'i transmitted it.
Al-Muwatta Hadith
Hadith 41.29
Intercession Cut Off for Thieves when Cases Reach the Sultan
Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman that az-Zubayr ibn al-Awwam came across a man who had taken hold of a thief and was intending to take him to the Sultan. Az-Zubayr ibn al-Awwam interceded for him to let him go. He said, "No. Not until I take him to the Sultan." Az-Zubayr said, "When you reach the Sultan with him, Allah curses the one who intercedes and the one who accepts the intercession."
*Note:[ So if someone wants to forgive the thief before taken to the police then its permitted but this should not be in knowledge of the police]
Al-Muwatta Hadith
Hadith 37.8a
About Damages and Injuries Caused by Slaves
Yahya said that he heard Malik say, "The sunna with us about the crime of slaves is that the hand is not cut off for any harm that a slave causes a man, or something he pilfers, or something guarded which he steals, or hanging dates he cuts down or ruins, or steals. That is against the slave's person and does not exceed the price of the slave whether it is little or much. If his master wishes to give the value of what the slave took or ruined, or pay the blood-price for the injury, he pays it and keeps his slave. If he wishes to surrender him, he surrenders him, and none of that is against him. The master has the option in that."
Al-Muwatta Hadith
Hadith 21.26
Stealing from the Spoils
Yahya related to me from Malik from Yahya ibn Said that he had heard that Abdullah ibn Abbas said, "Stealing from the spoils does not appear in a people but that terror is cast into their hearts. Fornication does not spread in a people but that there is much death among them. A people do not lessen the measure and weight but that provision is cut off from them. A people do not judge without right but that blood spreads among them. A people do not betray the pledge but that Allah gives their enemies power over them."
Al-Muwatta Hadith
Hadith 41.23
What Obliges Cutting Off the Hand
Yahya related to me from Malik from Abdullah ibn Abi Bakr from his father from Amra bint Abd ar-Rahman that a thief stole a citron in the time of Uthman Uthman ibn Affan ordered its value to be estimated and it was estimated at three dirhams at the rate of exchange of twelve dirhams for the dinar, so Uthman cut off his hand.
*Note:well,in cases of theft the judge can fix a limit by considering the economy of that land which has to be standard.A stipulated amount beyond which theft is carried out then the thief is liable to cutting of hand.
Al-Muwatta Hadith
Hadith 41.35
Things for Which the Hand is Not Cut Off
Yahya related to me from Malik that Yahya ibn Said said that Abu Bakr ibn Muhammad ibn Amr ibn Hazm informed him that he had taken a Nabatean who had stolen some iron rings and jailed him in order to cut off his hand. Amra bint Abd ar-Rahman sent a girl mawla to him called Umayya. Abu Bakr said that she had come to him while he was among the people and said that his aunt Amra sent word to him saying, "Son of my brother! You have taken a Nabatean for something insignificant which was mentioned to me. Do you want to cut off his hand?" He had said, "Yes." She said, ''Amra says to you not to cut off the hand except for a quarter of a dinar and upwards."Abu Bakr added, "So I let the Nabatean go."
Malik said, "The generally agreed on way of doing things among us about the confession of slaves is that if a slave confesses something against himself, the hadd and punishment for it is inflicted on his body. His confession is accepted from him and one does not suspect that he would inflict something on himself."
Malik said, "As for the one of them who confesses to a matter which will incur damages agains this master, his confession is not accepted against his master."
Malik said, "One does not cut off the hand of a hireling or a man who is with some people to serve them, if he robs them, because his state is not the state of a thief. His state is the state of a treacherous one. The treacherous one does not have his hand cut off."
Malik said about a person who borrows something and then denies it, "His hand is not cut off. He is like a man who owes a debt to another man and denies it. He does not have his hand cut off for what he has denied."
Malik said, "The generally agreed-on way of dealing among us, with the thief who is found in a house and has gathered up goods and has not taken them out, is that his hand is not cut off. That is like the man who places wine before him to drink it and does not do it. The hadd is not imposed on him. That is like a man who sits with a woman and desires to have haram intercourse with her and does not do it and he does not reach her. There is no hadd against that either."
Malik said, "The generally agreed-on way of doing things among us is that there is no cutting off the hand for what is taken by chance, openly and in haste, whether or not its price reaches that for which the hand is cut off."
Sunan of Abu-DawoodHadith 4396 Narrated byJabir ibn Abdullah
A thief was brought to the Prophet (peace be upon him). He said: Kill him. The people said: He has committed theft, Apostle of Allah! Then he said: Cut off his hand. So his (right) hand was cut off. He was brought a second time and he said: Kill him. The people said: He has committed theft, Apostle of Allah! Then he said: Cut off his foot. So his (left) foot was cut off. He was brought a third time and he said: Kill him. The people said: He has committed theft, Apostle of Allah! So he said: Cut off his hand. (So his (left) hand was cut off.) He was brought a fourth time and he said: Kill him. The people said: He has committed theft, Apostle of Allah! So he said: Cut off his foot. So his (right) foot was cut off. He was brought a fifth time and he said: Kill him. So we took him away and killed him. We then dragged him and cast him into a well and threw stones over him.
*Note:[Here Prophet Muhammad[pbuh] was aware that the thief would repeat the crime so he told the people to kill him but he ordered the law about just cutting of hand finally.That order was executed finally]
Al-Muwatta Hadith
Hadith 41.34
Things for Which the Hand is Not Cut Off
Yahya related to me from Malik from Ibn Shihab that Marwan ibn al-Hakam was brought a man who had snatched some goods and he wanted to cut off his hand. He sent to Zayd ibn Thabit to ask him about it. Zayd ibn Thabit said to him, "The hand is not cut off for what is stolen by chance, openly, in haste."
Sunan of Abu-DawoodHadith 4394 Narrated byBusr ibn Artat
Junadah ibn AbuUmayyah said: We were with Busr ibn Artat on the sea (on an expedition). A thief called Misdar who had stolen a bukhti she-camel was brought. He said: I heard the Apostle of Allah (peace be upon him) say: Hands are not to be cut off during a warlike expedition. Had it not been so, I would have cut it off.
Refutation:
12:31 When (Zulaikha) heard of their malicious talk she sent for them and prepared a banquet for them: she gave each of them a knife; and she said (to Joseph) "Come out before them. When they saw him they did extol him and (in their amazement) cut their hands: they said "Allah preserve us! no mortal is this! This is none other than a noble angel!"
Transliteration Falamma_ sami'at bi makrihinna arsalat ilaihinna wa a'tadat lahunna muttaka'aw wa a_tat kullawa_hidatim minhunna sikkinaw wa qa_at-ikhruj 'alaihinn(a), falamma_ ra'ainahu_ akbarnahu_ wa qatta'na aidiyahunn(a), wa qulna ha_sya lilla_hi ma_ ha_za_ basyara_(n), in ha_za_ illa_ malakun karim(un).
*Note:Few people say that by using the “cut” term in the verse 12:31 the punishment for theft is not the cutting of hand but just injuring or harming the hand.
The punishment is actually cut off its not injure or damage etc. Theft verse is 5:38 & faqta'u means cutoff.
5:38 As to the thief male or female cut off his or her hands: a punishment by way of example from Allah for their crime: and Allah is Exalted in Power. [From wrists]
Transliteration Was sa_riqu was sa_riqatu faqta'u_ aidayahuma_ jaza_'am bima_ kasaba_ naka_lam minalla_h(i), walla_hu 'azizun hakim(un).
39:But if the thief repent after his crime and amend his conduct Allah turneth to him in forgiveness; for Allah is Oft-Forgiving Most Merciful.
6:45 Of the wrong-doers the last remnant was cut off. Praise be to Allah the Cherisher of the worlds
Transliteration Faquti'a da_birul qaumil lazina zalamu_, wal hamdu lilla_hi rabbil 'a_lamin(a).
The cut term in verses 59:5,48:27 clearly means cutting
Cutting of trees
59:5 Whether ye cut down (o ye Muslims!) the tender palm-trees or ye left them standing on their roots it was by leave of Allah and in order that He might cover with shame the rebellious transgressors.
Another verse with cut term.
48:27 Truly did Allah fulfil the vision for His Apostle: Ye shall enter the Sacred Mosque if Allah wills with minds secure heads shaved hair cut short and without fear. For He knew what ye knew not and He granted besides this a speedy victory.
The fact about theft is cutting/amputing, its the standard law,if the theft is big then one can’t just injure hand as no additional punishment can be applied with this punishment because the verse clearly states “cut”.So its cut by all means.But the criteria is to be decided by the judges
ADULTERY:FORNICATION:
To best understand Adultery punishment read Theft punishment,how hadith are taken to prescribe specific amount beyond the act comes under the category of Theft in the same way contextual hadith are taken to intepret stoning law.
Click here for Arabic dictionary meaning for Lewdness
Click here for Arabic dictionary meaning for adultery
Click here for Arabic word Fahisha meaning in english[lewdness]
Click here for Arabic word Zina meaning in english [Adultery]
Zina meaning commit adultery , fornicate , whore , lead a life of dissipation,rakishness , abomination , streetwalking , lewdness , licentiousness , lechery , libertinism ,adulterous , whoredom , prostitution , immorality , harlotry , fornication , criminal conversation , adultery
17:32 Nor come nigh to adultery: for it is a shameful (deed) and an evil opening the road (to other evils).
*For example-Dating etc.
Makkah last revealed surah is 83 Surah Al-Mutaffifin Mecca (86 number as per revelation)
Maudidi Surah Introduction,Surah Nisa 4
This Surah comprises several discourses which were revealed on different occasions during the period ranging probably between the end of A.H. 3 and the end of A.H. 4 or the beginning of A.H. 5. Although it is difficult to determine the exact dates of their revelations, yet it is possible to assign to them a fairly correct period with the help of the Commandments and the events mentioned therein and the Traditions concerning them.
4:15 If any of your women are guilty of lewdness take the evidence of four (reliable) witnesses from amongst you against them; and if they testify confine them to houses until death do claim them or Allah ordain for them some (other) way.
*Note: [This is for adulterous women & lesbians (until) Allah appoint for them a way (through new legislation).They should be confined to houses,they cannot go out[shopping etc] but thye’ll be treated properly in houses amongst family members]
16 If two among you are guilty of lewdness punish them both. If they repent and amend leave them alone; for Allah is Oft-returning Most Merciful.
[This is for adulterous and homosexual men,the punishment is beating,lashes.If they repent then leave beating & if they amend leave them ]
17 Allah accepts the repentance of those who do evil in ignorance and repent soon afterwards; to them will Allah turn in mercy; for Allah is full of knowledge and wisdom.
18 Of no effect is the repentance of those who continue to do evil until death faces one of them and he says "Now have I repented indeed"; nor of those who die rejecting faith: for them have We prepared a punishment most grievous
.*Note:[It was the beginning so the punishment was light].
The above interepretation is in accordance with Tafsir Ibn Kathir.
Then was revealed Surah An-Nur, which was revealed in the latter half of 6 A.H.
24:2 The woman and the man guilty of fornication flog each of them with a hundred stripes: let not compassion move you in their case in a matter prescribed by Allah if ye believe in Allah and the Last Day: and let a party of the Believers witness their punishment.
*Note: [Its from continution of surah Nisa law.Allah appoint for them a way (through new legislation)]
*Note:So hundred lashes is the punishment for fornication[unmarried people who commint illegal sextual intercourse]
24:3 Let no man guilty of fornication marry any but a woman similarly guilty or an Unbeliever nor let any but such a man or an Unbeliever marry such a woman: to the Believers such a thing is forbidden.
sunan of Abu-DawoodHadith 2046 Narrated byAbdullah ibn Amr ibn al-'As
Marthad ibn AbuMarthad al-Ghanawi used to take prisoners (of war) from Mecca (to Medina). At Mecca there was a prostitute called Inaq who had illicit relations with him. (Marthad said:) I came to the Prophet (peace be upon him) and said to him: May I marry Inaq, Apostle of Allah? The narrator said: He kept silence towards me. Then the verse was revealed:"....and the adulteress none shall marry save and adulterer or an idolater." He called me and recited this (verse) to me, and said: Do not marry her.
*Note:[Marthad ibn AbuMarthad al-Ghanawi was not allowed to marry Inaq(prostitute)].the verse cannot be applied as law because if a fornicator does’nt repents then he/she even though a Muslim cannot marry an idolator as marrying idolators is not permitted in Quran 2:221 Surah Baqarah.The verse only explains how disgusting is the sin.
Stoning verse was revealed and later Abrogated from Quran only & it was preserved in sunnah.
Al-Muwatta Hadith Hadith 41.10
Stoning
Malik related to me that Yahya ibn Said heard Said ibn al-Musayyab say, "When Umar ibn al-Khattab came from Mina, he made his camel kneel at al-Abtah, and then he gathered a pile of small stones and cast his cloak over them and dropped to the ground. Then he raised his hands to the sky and said, 'O Allah! I have become old and my strength has weakened. My flock is scattered. Take me to You with nothing missed out and without having neglected anything.' Then he went to Madina and addressed the people. He said, 'People! Sunan have been laid down for you. Obligations have been placed upon you. You have been left with a clear way unless you lead people astray right and left.' He struck one of his hands on the other and then said, 'Take care lest you destroy the ayat of stoning so that one will say, "We do not find two hadds in the Book of Allah." The Messenger of Allah, may Allah bless him and grant him peace, stoned, so we have stoned. By He in Whose Hand my self is, had it not been that people would say that Umar ibn al-Khattab has added to the Book of Allah ta-ala, we would have written it, -The full-grown man and the full-grown woman, stone them absolutely." We have certainly recited that.'"
Malik said, "Yahya ibn Said said Said ibn al-Musayyab said, 'Dhu'l-Hijja had not passed before Umar was murdered, may Allah have mercy on him.' "
Yahya said that he had heard Malik say, "As for his words 'The full-grown man and the full-grown woman' he meant, 'The man and the woman who have been married, stone them absolutely.' "
Imam Ahmad's Musnad, Volume 2, page 2, in his hadith about chapter 33, said that Ibn Mardawayh reported that Hudhayfah said:
'Umar said to me 'How many verses are contained in the chapter of al-Ahzab?……………………. and in it there was the verse of stoning.
Hence stoning verse was revealed and applied to married adulterer and adulteresses later aborogated,Removed from Quran only.
Hadhrath Ayesha also testified to a 'missing' verse on stoning
"When the verses "Rajm" [Stoning] and ayah "Rezah Kabir" descended, they were written on a piece of paper and kept under my pillow. Following the demise of Prophet Muhammad (S) a goat ate the piece of paper while we were mourning.
1. Sunan Ibne Majah, Volume 2, Page 39, Published Karachi.
2. Musnad Imam Ahmad, Volume 6, Page 269, Published Beirut.
3.Taweel Mukhtalif Al Hadeed,page 310 piblished Beirut.
Ibn Qutaiba said that "the goat is a holy animal." And he asked a counter question: "Why not believe in God's power? As He destroyed the people of Aad and Thamud, He is also able to destroy His revelations by using even a goat!"
*Note:Allah knows best how muslims saved their Quran copies and how they destroyed old copies.Goat is a pure animal.only one instance is cited here about what happened with a page of first written Quran .Some old copies were burnt as well. Allah knows best how the other abrogated verses saved in written form were destroyed.Allah promised to protect Quran so its still in the perfect complete book.
15:9 We have without doubt sent down the Message; and We will assuredly guard it (from corruption).
The aborogation of verses was a process which continued 22 years 5 months 14 days[The duration of revelation]. Abrogation is cancellation or to supersede or to surpass and this cancellation does'nt mean removal from Quran only .Two types are there.Abrogated verses removed from Quran and abrogated verses present in Quran.Abrogation is – when a law is established another law surpassed it both holding significance or any becoming insignificant depending on there contexts whether present in Quran or removed
2:106 None of Our revelations do We abrogate or cause to be forgotten but We substitute something better or similar; knowest thou not that Allah hath power over all things?
16:101 of Surah Nahl. -When We substitute one revelation for another and Allah knows best what He reveals (in stages) they say "Thou art but a forger": but most of them understand not.
The verse of stoning cannot remain in Quran with the mention of adultery after the revelation of slave punishment for adultery.
4:25 If any of you have not the means wherewith to wed free believing women, they may wed believing girls from among those whom your right
hands possess: And Allah hath full knowledge about your faith. Ye are one from another: Wed them with the leave of their owners, and give
them their dowers, according to what is reasonable: They should be chaste, not lustful, nor taking paramours: when they are taken in
wedlock, if they fall into shame, their punishment is half that for free women. This (permission) is for those among you who fear sin;
but it is better for you that ye practise self-restraint. And Allah is Oft-forgiving, Most Merciful.
*Note:The punishment for slaves whether married or unmarried is half of the punishment of free women who’s crime was fornication i.e 50 lashes ,Quran mentions 100 lashes ,had Quran kept the verse of stoning then it would be impossible to divide stoning punishment..So the verse with adultery punishment as stoning cannot stay in Quran as it is not possible to divide stoning punishment into half. Hadith proves stoning for married adulterers.
The Final Law with complete code for punishment
5:32 On that account: We ordained for the Children of Israel that if anyone slew a person unless it be for murder or for spreading mischief in the land it would be as if he slew the whole people: and if anyone saved a life it would be as if he saved the life of the whole people. Then although there came to them Our apostles with clear Signs yet even after that many of them continued to commit excesses in the land.
33 The punishment of those who wage war against Allah and His Apostle and strive with might and main for mischief through the land is: execution or crucifixion of the cutting off of hands and feet from opposite sides or exile from the land: that is their disgrace in this world and a heavy punishment is theirs in the Hereafter
*Note:Wage war' mentioned here means, oppose and contradict as well
34 Except for those who repent before they fall into your power: in that case know that Allah is Oft-Forgiving Most Merciful.
[* Note:If there is sincere repentence and one is not caught then Allah knows best,one may hide sin like Adultery & repent sincerely then its up to the creator to forgive or to punish]
Adultery is surely mischief done in social life.It’s the betrayal that shatters the delicate fabric of mutual trust shared within the society.
In accordance with 5:33 one year exile to fornicator and stoning to married (the adulterer).
So ,for Fornication the punishment started with beating[4:15,16 confining to houses for women ,beating for men. then 100 lashes 24:2 & exile for 1 year from 5:33.
And for Adultery the punishment started with beating then[4:16] & [confining to houses] then stoning verse in Quran ,then stoning to death[execution].
Judges give for fornication of Man 100 lashes and exile &
for women 100 lashes and exile[accompanied by her mahram ,if mahram is not available then exile punishment is not given as exile is to avoid mischief,and a woman cannot be sent without her mahram as it leads to mischief.So to prevent mischief she will not be exiled.Exile may not necessarily mean from country but city or state as well.Judges may decide on this.
Even in Previous scripture the punishment for Adultery was stoning.Allah subhanawatala says in Quran that now every one should be judged by the laws in Quran.
Jews used to come to Prophet Muhammad peace be upon him to seek justice for two reasons 1.For their greviances 2.To hurt Prophet pbuh after hearing the judgement by rejecting to implement it. Prophet peace be upon him used to judge in justice.
A Jew mentioned Prophet Muhammad peace be upon him about a case of Adultery.
Al-Muwatta Hadith 41.1 Stoning
Malik related to me from Nafi that Abdullah ibn Umar said, "The Jews came to the Messenger of Allah, may Allah bless him and grant him peace, and mentioned to him that a man and woman from among them had committed adultery. The Messenger of Allah, may Allah bless him and grant him peace, asked them, 'What do you find in the Torah about stoning?' They said, 'We make their wrong action known and flog them.' Abdullah ibn Salam said, 'You have lied! It has stoning for it, so bring the Torah.' They spread it out and one of them placed his hand over the ayat of stoning. Then he read what was before it and what was after it. Abdullah ibn Salam told him to lift his hand. He lifted his hand and there was the ayat of stoning. They said, 'He has spoken the truth, Muhammad. The ayat of stoning is in it.' So the Messenger of Allah, may Allah bless him and grant him peace, gave the order and they were stoned . "Abdullah ibn Umar added, "I saw the man leaning over the woman to protect her from the stones."
Malik commented, "By leaning he meant throwing himself over her so that the stones fell on him."
Prophet Muhammad peace be upon him questioned a Jew scholar as well.
Sahih Muslim HadithHadith 4214 Narrated byAl-Bara' ibn Azib
There happened to pass by Allah's Apostle (peace be upon him) a Jew blackened and lashed. Allah's Apostle (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 to Moses if that is the prescribed punishment for adultery, which you find in your Book. He said: No. Had you not asked me in the name of Allah, I should not have given you this information. We find stoning to death (as the punishment prescribed in the Torah). However, 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 agree (on a punishment) which we can inflict upon both 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 (peace be upon him) said: O Allah, I am the first to revive Thy command when they had cancelled it. He then gave the order and he (the offender) was stoned to death. Allah, the Majestic and Glorious, sent down (this verse): "O Messenger, (the behaviour of) those who vie with one another in denying the truth should not grieve you..." up to "is vouchsafed unto you, accept it" (v.41). It was said (by the Jews): Go to Muhammad; if he commands you to blacken the face and award flogging (as punishment for adultery), then accept it, but if he gives the verdict of stoning, then avoid it. It was (then) that Allah, the Majestic and Great, sent down (these verses:"...And they who do not judge in accordance with what Allah has revealed, are indeed deniers of the truth" (v.44); "And they who do not judge in accordance with what Allah has revealed--they, they indeed are the wrongdoers" (v.45); "And they who do not judge in accordance with what God has revealed--they are the iniquitous" (v.47). (All these verses) were revealed in connection with the nonbelievers.
Surah Maida 5 : Occasion of Revelation.
This Surah was revealed to suit the requirements of the changed conditions which were now different from those prevailing at the time of the revelation of Al-i-'Imran and An-Nisa.
The theme of this Surah indicates, and traditions support it, that it was revealed after the treaty of Hudaibiyah at the end of 6 A.H. or in the beginning of 7 A.H. That is why it deals with those problems that arose from this treaty.
5:41 O Apostle! let not those grieve thee who race each other into unbelief: (whether it be) among those who say: "We believe" with their lips but whose hearts have no faith; or it be among the Jews men who will listen to any lie will listen even to others who have never so much as come to thee. They change the words from their (right) times and places; they say "If ye are given this take it but if not beware:" If anyone's trial is intended by Allah thou hast no authority in the least for him against Allah. For such it is not Allah's will to purify their hearts. For them there is disgrace in this world and in the Hereafter a heavy punishment.
42 (They are fond of) listening to falsehood of devouring anything forbidden. If they do come to thee either judge between them or decline to interfere. If thou decline they cannot hurt thee in the least. If thou judge judge in equity between them; for Allah loveth those who judge in equity. [*Note:Jews used to come to Prophet Muhammad peace be upon him to seek judgement for their crimes from their book[Injil].There were Corrupted as well as uncorrupted texts in the book,but adultery punishment law was not corrupted]
43 But why do they come to thee for decision when they have (their own) laws before them? Therein is the (plain) command of Allah; yet even after that they would turn away. For they are not (really) people of faith.
44 It was We who revealed the law (to Moses); therein was guidance and light. By its standard have been judged the Jews by the Prophet who bowed (as in Islam) to Allah's will by the Rabbis and the doctors of Law: for to them was entrusted the protection of Allah's Book and they were witnesses thereto: therefore fear not men but fear Me and sell not My Signs for a miserable price. If any do fail to judge by (the light of) what Allah hath revealed they are (no better than) unbelievers.
{Ahbar: doctors of law; priests; learned me. v. 44. where they are associated with Rabbis. Ruhban: monks, ascetics, anchorites, men who have renounced the world; where there is a celibate clergy, the term can be applied to them as well as to members of monastic orders. It is also permissible to apply the term to "saints", where they are deified or credited with divine powers, or where people pray to them as they do in the Roman Catholic Church.Priest worship, and the worship of saints and ascetics is a form of superstition to which men have been prone in all ages. The growth of Jewish superstition is shown in the Talmud, and of Christian superstition in the doctrine of papal infallibility and the worship of saints. The mere idea of a separate order of priesthood to stand between Allah and man and be the exclusive repository of Allah's secrets is derogatory to the goodness and all-pervading grace of Allah. The worship of "lords many and gods many" was not confined only to the Pagans. The deification of the son of Mary is put here in a special clause by itself, as it held (and still holds) in its thrall a large portion of civilised humanity}
45 We ordained therein for them: "Life for life eye for eye nose for nose ear for ear tooth for tooth and wounds equal for equal." But if anyone remits the retaliation by way of charity it is an act of atonement for himself. And if any fail to judge by (the light of) what Allah hath revealed they are (no better than) wrong-doers.
46 And in their footsteps We sent Jesus the son of Mary confirming the law that had come before him: We sent him the Gospel: therein was guidance and light and confirmation of the law that had come before 0him: a guidance and an admonition to those who fear Allah.
47 Let the people of the Gospel Judge by what Allah hath revealed therein. If any do fail to judge by (the light of) what Allah hath revealed they are (no better than) those who rebel.
Now Prophet Muhammad[pbuh] Commanded to Judge everyone with the penal laws of Islam
5:48 To thee We sent the Scripture in truth confirming the scripture that came before it and guarding it in safety; so judge between them by what Allah hath revealed and follow not their vain desires diverging from the truth that hath come to thee. To each among you have We prescribed a Law and an Open Way. If Allah had so willed He would have made you a single people but (His plan is) to test you in what He hath given you: so strive as in a race in all virtues. The goal of you all is to Allah; it is He that will show you the truth of the matters in which ye dispute.
49 And this (He commands): Judge thou between them by what Allah hath revealed and follow not their vain desires but beware of them lest they beguile thee from any of that (teaching) which Allah hath sent down to thee. And if they turn away be assured that for some of their crimes it is Allah's purpose to punish them. And truly most men are rebellious.
Another proof that Jews and Christians used to follow only 100 lashes in the days of ignorance
5:50 Do they then seek after a judgment of (the Days of) Ignorance? But who for a people whose faith is assured can give better judgment than Allah?
*Note:This is the corrupted law they wanted to follow.
Refutations:
[A][25:68] And they who do not call upon another god with Allah and do not slay the soul, which Allah has forbidden except in the requirements of justice, and (who) do not commit fornication and he who does this shall find a requital of sin;
* Points from above verse-
1.They are Muslims 2. Kill for justice 3.Fornication/Adultery should not be commited.whoever is opposite of this is sinner.And the punishment is prescribed.
[25:69] (But) the Penalty on the Day of Judgment will be doubled to him and he will dwell therein in ignominy
[B][25:70] Except him who repents and believes and does a good deed; so these are they of whom Allah changes the evil deeds to good ones; and Allah is Forgiving, Merciful.
*Note:If they repent, accept Islam and do good deeds, if they repent after murder whether they die in Qisas or compensation ,if they repent after fornication or adultery whether they get 100 lashes and exile for one year[fornication punishment] or stoning to death[Adultery punishment] then Allah is forgiving merciful.
[25:71] And whoever repents and does good, he surely turns to Allah with an (acceptable) conversion.
Wives of the prophet:
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[C]33:30 O Consorts of the Prophet! If any of you were guilty of evident unseemly conduct, the Punishment would be doubled to her, and that is
easy for Allah.
Transliteration Ya_ nisa_ an nabiy yu may yati minkun na bifa_hisatim mubay yinatiy yuda_af lahal aza_bu difain wa ka_na za_lika alal la_hi yasira_
31 But any of you that is devout in the service of Allah and His Apostle and works righteousness to her shall We grant her reward twice: and We have prepared for her a generous Sustenance.
Few muslims say Wives of Prophet peace be upon him would get double punishment if they commit adultery.So adultery punishment is only 100 lashes as stoning to death cannot be doubled.This is faulty belief.
Wives of the Prophet Muhammad peace be upon him have special status in Islam.They are called Ummul Mumineen.33: 6 The Prophet is closer to the Believers than their own selves and his wives are their mothers. Blood-relations among each other have closer personal ties in the Decree of Allah than (the Brotherhood of) Believers and Muhajirs: nevertheless do ye what is just to your closest friends: such is the writing in the Decree (of Allah).
Allah subhanawatala is here warning the Wives of the Prophet as to how sinful is lewdness/Adultery.The following verse is very important to understand the context & the correct message given by verses.Allah subhanawatala says If they work righteousness then the reward is twice.Its in hereafter .because how can reward be given in this world?how can double reward be given in this world?.Both the verses are hereafter ‘s punishments and blessings respectively.
Ofcourse Allah subhanawatala gives rewards for good deeds in this world and in the hereafter.And the punishment is stoning as prescribed by law for adultery in the world.Another thing is Few people say muslims should not be given stoning punishment as non muslims threatened Previous Prophets 26:116,19:64,18:20,36:18,11:19 with this punishment ,again the understanding of such people is faulty as it can be verified that Pharoah threatened to punish 7:123,124 by cutting of hands and feet from opposite sides etc even Allah subhanawatala mentiones such kind of punishment for believers as well as unbelievers if they do mischief on earth 5:33.
Witnesses
24:4 And those who launch a charge against chaste women and produce not four witnesses (to support their allegation) flog them with eighty stripes: and reject their evidence ever after: for such men are wicked transgressors
5 Unless they repent thereafter and mend (their conduct): for Allah is Oft-Forgiving Most Merciful.
*Four witnesses are required to prove adultery and fornication.
Lian:Mutual Cursing
24.4 And those who launch a charge against chaste women and produce not four witnesses (to support their allegation) flog them with eighty stripes: and reject their evidence ever after: for such men are wicked transgressors
5 Unless they repent thereafter and mend (their conduct): for Allah is Oft-Forgiving Most Merciful.
6 And for those who launch a charge against their spouses and have (in support) no evidence but their own their solitary evidence (can be received) if they bear witness four times (with an oath) by Allah that they are solemnly telling the truth;
7 And the fifth (oath) (should be) that they solemnly invoke the curse of Allah on themselves if they tell a lie.
8 But it would avert the punishment from the wife if she bears witness four times (with an oath) by Allah that (her husband) is telling a lie;
9 And the fifth (oath) should be that she solemnly invokes the wrath of Allah on herself if (her accuser) is telling the truth.
10 If it were not for Allah's grace and mercy on you and that Allah is Oft-Returning Full of Wisdom (ye would be ruined indeed).
24:11 Those who brought forward the lie are a body among yourselves: think it not to be an evil to you: on the contrary it is good for you: to every man among them (will come the punishment) of the sin that he earned and to him who took on himself the lead among them will be a Penalty grievous.
12 Why did not Believers men and women when ye heard of the affair put the best construction on it in their own minds and say "This (charge) is an obvious lie"?
13 Why did they not bring four witnesses to prove it? When they have not brought the witnesses such men in the sight of Allah (stand forth) themselves as liars!
*Note:[Four witnesses for a woman is a must to protect her chastity from false allegations ,four witness for men as well]
Sahih Al-Bukhari HadithHadith 6.269 Narrated bySahl bin Saud
'Uwaimir came to 'Asim bin 'Adi who was the chief of Bani Ajlan and said, "What do you say about a man who has found another man with his wife? Should he kill him whereupon you would kill him (i.e. the husband), or what should he do? Please ask Allah's Apostle about this matter on my behalf." Asim then went to the Prophet and said, "O Allah's Apostle! (And asked him that question) but Allah's Apostle disliked the question. When 'Uwaimir asked 'Asim (about the Prophet's answer) 'Asim replied that Allah's Apostle disliked such questions and considered it shameful. Uwaimir then said, "By Allah, I will not give up asking unless I ask Allah's Apostle about it." Uwaimir came (to the Prophet ) and said, "O Allah's Apostle! A man has found another man with his wife! Should he kill him whereupon you would kill him (the husband, in Qisas) or what should he do?" Allah's Apostle said, "Allah has revealed regarding you and your wife's case in the Qur'an." So Allah's Apostle ordered them to perform the measures of Mula'ana according to what Allah had mentioned in His Book. So 'Uwaimir did Mula'ana with her and said, "O Allah's Apostle! If I kept her I would oppress her." So 'Uwaimir divorced her and so divorce became a tradition after them for those who happened to be involved in a case of Mula'ana. Allah's Apostle then said, "Look! If she (Uwaimir's wife) delivers a black child with deep black large eyes, big hips and fat legs, then I will be of the opinion that 'Uwaimir has spoken the truth; but if she delivers a red child looking like a Wahra then we will consider that 'Uwaimir has told a lie against her." Later on she delivered a child carrying the qualities which Allah's Apostle had mentioned as a proof for 'Uwaimir's claim; therefore the child was ascribed to its mother henceforth.
Hadith on Adultery Punishment
Sahih Al-Bukhari HadithHadith 2.329 Narrated byAbu Dhar
Allah's Apostle said, "Someone came to me from my Lord and gave me the news (or good tidings) that if any of my followers dies worshipping none (in any way) along with Allah, he will enter Paradise." I asked, "Even if he committed illegal sexual intercourse (adultery) and theft?" He replied, "Even if he committed illegal sexual intercourse (adultery) and theft."
There is possibility for forgiveness in hereafter.
Sahih Muslim HadithHadith 4224 Narrated byAli ibn AbuTalib
Ali, while delivering the address said: O people, impose the prescribed punishment upon your slaves, those who are married and those not married, for a slave-woman belonging to Allah's Messenger (peace be upon him) had committed adultery, and he committed me to flog her. But she had recently given birth to a child and I was afraid that if I flogged her I might kill her. So I mentioned that to Allah's Apostle (peace be upon him) and he said: You have done well.
*Note:[For slaves the punishment is fifty lashes whether its adultery or fornication]
Sunan of Abu-DawoodHadith 4424 Narrated byJabir ibn Abdullah
A man committed fornication with a woman. So the Apostle of Allah (peace be upon him) ordered regarding him and the prescribed punishment of flogging was inflicted on him. He was then informed that he was married. So he commanded regarding him and he was stoned to death.
Sahih Al-Bukhari HadithHadith 3.860 Narrated byAbu Huraira and Zaid bin Khalid Al Juhani
A bedouin came and said, "O Allah's Apostle! Judge between us according to Allah's laws." His opponent got up and said, "He is right. Judge between us according to Allah's laws." The bedouin said, "My son was a laborer working for this man, and he committed illegal sexual intercourse with his wife. The people told me that my son should be stoned to death; so, in lieu of that, I paid a ransom of one hundred sheep and a slave girl to save my son. Then I asked the learned scholars who said, "Your son has to be lashed one-hundred lashes and has to be exiled for one year." The Prophet said, "No doubt I will judge between you according to Allah's laws. The slave-girl and the sheep are to go back to you, and your son will get a hundred lashes and one year exile." He then addressed somebody, "O Unais! go to the wife of this (man) and stone her to death." So, Unais went and stoned her to death.
Sahih Muslim HadithHadith 4191 Narrated byUbadah ibn as-Samit
Allah's Messenger (peace be upon him) said: Receive (teaching) from me, receive (teaching) from me. Allah has ordained a way for those (women). When an unmarried male commits adultery with an unmarried female (they should receive) one hundred lashes and banishment for one year. And in case of married male committing adultery with a married female, they shall receive one hundred lashes and be stoned to death.
*Note:Majority Hadith say,its stoning to death for married people,so its taken as law.
Lian
Sahih Al-Bukhari HadithHadith 3.837 Narrated byIbn Abbas
Hilal bin Umaiya accused his wife before the Prophet of committing illegal sexual intercourse with Sharik bin Sahma. The Prophet said, "Produce a proof, or else you would get the legal punishment (by being lashed) on your back." Hilal said, "O Allah's Apostle! If anyone of us saw another man over his wife, would he go to search for a proof." The Prophet went on saying, "Produce a proof or else you would get the legal punishment (by being lashed) on your back." The Prophet then mentioned the narration of Lian (as in the Holy Book). (Surat-al-Nur: 24)
Sahih Al-Bukhari HadithHadith 8.804 Narrated byAsh Shaibani
I asked 'Abdullah bin Abi Aufa, -Did Allah's Apostle carry out the Rajam penalty (i.e., stoning to death)?" He said, "Yes." I said, "Before the revelation of Surat-ar-Nur or after it?" He replied, "I don't know."[This is just a question a companion asked,Hadith literature constitute questions,discussions,practiceses of prophet Muhammad peace be upon him etc]
DEFAMATION-SLANDER
4:111 And if anyone earns sin he earns it against his own soul: for Allah is full of knowledge and wisdom.
112 But if anyone earns a fault or a sin and throws it on to one that is innocent He carries (on himself) (both) a falsehood and a flagrant sin.
24:4 And those who launch a charge against chaste women and produce not four witnesses (to support their allegation) flog them with eighty stripes: and reject their evidence ever after: for such men are wicked transgressors
5 Unless they repent thereafter and mend (their conduct): for Allah is Oft-Forgiving Most Merciful.
60:12 O Prophet! when believing women come to thee to take the oath of fealty to thee that they will not associate in worship any other thing whatever with Allah that they will not steal that they will not commit adultery (or fornication) that they will not kill their children that they will not utter slander intentionally forging falsehood and that they will not disobey thee in any just matter then do thou receive their fealty and pray to Allah for the forgiveness (of their sins): for Allah is Oft-Forgiving Most Merciful.
24:11 Those who brought forward the lie are a body among yourselves: think it not to be an evil to you: on the contrary it is good for you: to every man among them (will come the punishment) of the sin that he earned and to him who took on himself the lead among them will be a Penalty grievous.
12 Why did not Believers men and women when ye heard of the affair put the best construction on it in their own minds and say "This (charge) is an obvious lie"?
13 Why did they not bring four witnesses to prove it? When they have not brought the witnesses such men in the sight of Allah (stand forth) themselves as liars!
14 Were it not for the grace and mercy of Allah on you in this world and the Hereafter a grievous penalty would have seized you in that ye rushed glibly into this affair.
15 Behold ye received it on your tongues and said out of your mouths things of which ye had no knowledge; and ye thought it to be a light matter while it was most serious in the sight of Allah.
16 And why did ye not when ye heard it say "It is not right of us to speak of this: Glory to Allah! this is a most serious slander!"
17 Allah doth admonish you that ye may never repeat such (conduct) if ye are (true) Believers.
18 And Allah makes the Signs plain to you: for Allah is full of knowledge and wisdom.
19 Those who love (to see) scandal published broadcast among the Believers will have a grievous Penalty in this life and in the Hereafter: Allah knows and ye know not.
20 Were it not for the grace and mercy of Allah on you and that Allah is full of kindness and mercy (ye would be ruined indeed).
24:23 Those who slander chaste women indiscreet but believing are cursed in this life and in the Hereafter: for them is a grievous Penalty
4:20 But if ye decide to take one wife in place of another even if ye had given the latter a whole treasure for dower take not the least bit of it back: would ye take it by slander and a manifest wrong?
9:79 Those who slander such of the believers as give themselves freely to (deeds of) charity as well as such as can find nothing to give except the fruits of their labor and throw ridicule on them Allah will throw back their ridicule on them: and they shall have a grievous penalty.
80 Whether thou ask for their forgiveness or not (their sin is unforgivable): if thou ask seventy times for their forgiveness Allah will not forgive them: because they have rejected Allah and His apostle; and Allah guideth not those who are perversely rebellious.
49:6 O ye who believe! if a wicked person comes to you with any news ascertain the truth lest ye harm people unwittingly and afterwards become full of repentance for what ye have done.
41:36 And if (at any time) an incitement to discord is made to thee by the Evil One seek refuge in Allah. He is the One Who hears and knows all things.
*Note:Slander of chaste woman is 80 lashes but for other slanders the punishment of lashes may vary .Repeated slander leads to mischief and then punishment is 5:33.
Al-Muwatta Hadith 41.17
The Hadd for Slander, Denial and Insinuation
Malik related to me from Abu'z-Zinad that he said, ''Umar ibn Abd al-Aziz flogged a slave with eighty lashes for slander."
Abu'z-Zinad said, "I asked Abdullah ibn Amir ibn Rabia about that. He said, 'I saw Umar ibn al-Khattab, Uthman ibn Affan, the Khalifs, and so on, and I did not see any of them flog a slave more than forty lashes for slander.' "
Al-Muwatta Hadith
Hadith 36.4a
Judgement on Testimony of Recipients of Hadd-Punishments
Yahya said from Malik that he heard from Sulayman ibn Yasar and others that when they were asked whether the testimony of a man flogged for a hadd crime was permitted, they said, "Yes, when repentance (tawba) appears from him."
Malik related to me that he heard Ibn Shihab being asked about that and he said the like of what Sulayman ibn Yasar said.
Malik said, "That is what is done in our community. It is by the word of Allah, the Blessed, the Exalted, 'And those who accuse women who are muhsan, and then do not bring four witnesses, flog them with eighty lashes, and do not accept any testimony of theirs ever. They indeed are evil-doers, save those who turn in tawba after that and make amends. Allah is Forgiving, Merciful.' " (Sura 24 ayat 4).
Furthermore, after the above mentioned conditions are fulfilled, the proof of crime can only be established beyond doubt through the witnesses of two trustworthy males, or the confession of the offender himself, though the accused has every right to deny the charge. Therefore, the judgment is supposed to be swift and the guilt has to be established beyond doubt
.[*Number of witness can be considered by the judges according to the circumstances,situations of the crime.But for accusing chast women four witness are compulsory & four for men also.]
Developments in the field of forensics and other investigative disciplines are also a part of proving a crime but they had to go along with witnesses or confession.for example:even in Adultery case if the paternity is known then also if there r no witnesses and no selfconfession then one has to let go the sinner.Another example :if pregnancy is the proof even then if their r no witness then one cannot punish the woman for the reason could be many ,rape in sleep,artificial insemination by fraud etc.
RAPE
24:2 The woman and the man guilty of adultery or fornication flog each of them with a hundred stripes: let not compassion move you in their case in a matter prescribed by Allah if ye believe in Allah and the Last Day: and let a party of the Believers witness their punishment.
*Note:So hundred lashes is the punishment for fornication[unmarried people who commint illegal sextual intercourse]
Transliteration Az za_ni la_ yankihu il la_ za_niyatan au musrikataw waz za_niyatu la_ yankihuha_ il la_ za_nin au musrik wa hur rima za_lika alal muminin
*Note:The word here used is zani meaning the one who indulges in illegal sexual intercourse.Its For The Rapist along with fornicators.
So the unmarried rapist gets 100 lashes and exile for one year.
The punishment for rape in Islam is the same as the punishment for zina (adultery or fornication), which is stoning if the perpetrator is married, and one hundred lashes and banishment for one year if he is not married.
Four Witnesses Are Required
24:4 And those who launch a charge against chaste women and produce not four witnesses (to support their allegation) flog them with eighty stripes: and reject their evidence ever after: for such men are wicked transgressors
5 Unless they repent thereafter and mend (their conduct): for Allah is Oft-Forgiving Most Merciful.
*Note: If a person makes an allegation of adultery against another person (male or female) he or she must produce four witnesses to support such an allegation; otherwise, he or she is guilty of slandering, which is a grave offense in Islam, for we are not to tarnish the honor of anyone.
In The absence of four witnesses like the case in Hadith
Sunan of Abu-DawoodHadith 4366 Narrated byWa'il ibn Hujr
When a woman went out in the time of the Prophet (peace be upon him) for prayer, a man attacked her and overpowered (raped) her. She shouted and he went off, and when a man came by, she said: That (man) did such and such to me. And when a company of the Emigrants came by, she said: That man did such and such to me. They went and seized the man whom they thought had had intercourse with her and brought him to her. She said: Yes, this is he. Then they brought him to the Apostle of Allah (peace be upon him). When he (the Prophet) was about to pass sentence, the man who (actually) had assaulted her stood up and said: Apostle of Allah, I am the man who did it to her. He (the Prophet) said to her: Go away, for Allah has forgiven you. But he told the man some good words (AbuDawud said: meaning the man who was seized), and of the man who had had intercourse with her, he said: Stone him to death. He also said: He has repented to such an extent that if the people of Medina had repented similarly, it would have been accepted from them.
*Note:From circumstantial evidences to medical tests,from lie detectors to DNA tests/paternity tests ,each and everything can be used to get the culprit or to prove whether the woman is lying or genuine victim.
A woman who has been raped cannot be asked to produce witnesses; her claim shall be accepted unless there are tangible grounds to prove otherwise. To insist that she provide witnesses is akin to inflicting further pain on her. If anyone refutes her claim of innocence, the onus is on him to provide evidence, and she may simply deny the claim by making a solemn oath, thus clearing herself in public. The Prophet (peace and blessings be upon him) said, “The onus to provide evidence falls on the one who makes a claim, and the one who denies (the same) can absolve himself or herself by making a solemn oath to the contrary.”
Moreover, Ibn `Abdul-Barr (may Allah bless his soul) said
The scholars are unanimously agreed that the rapist is to be subjected to the hadd punishment if there is clear evidence against him that he deserves the hadd punishment, or if he admits to that. Otherwise, he is to be punished (that is, if there is no proof that the hadd punishment for zina may be carried out against him because he does not confess and there are not four witnesses, then the judge may punish him and stipulate a punishment that will deter him and others like him). There is no punishment for the woman if it is true that he forced her and overpowered her. (Al-Istidhkaar, 7/146).
If a woman is raped, she should press charges against the one who raped her. If it is proved that she was raped, then the court must apply discretionary punishment or ta`zir on the rapist. Such discretionary punishment may reach the death penalty, according to some schools of thought. This is based wholly on the fact that the rape is confirmed through medical tests and court procedures, without the confession of the rapist himself.
Al-Muwatta Hadith 41.16aRape
Malik said, "The position with us about a woman who is found to be pregnant and has no husband and she says, 'I was forced,' or she says, 'I was married,' is that it is not accepted from her and the hadd is inflicted on her unless she has a clear proof of what she claims about the marriage or that she was forced or she comes bleeding if she was a virgin or she calls out for help so that someone comes to her and she is in that state or what resembles it of the situation in which the violation occurred." He said, "If she does not produce any of those, the hadd is inflicted on her and what she claims of that is not accepted from her."Malik said, "A raped woman cannot marry until she has restored herself by three menstrual periods."He said, "If she doubts her periods, she does not marry until she has freed herself of that doubt."
In cases where the rapist confesses the crime, then the penalty for zina (illegitimate sexual intercourse) is to be applied to him. If he is not married, then he is to be whipped 100 lashes. If he is married, then he is to be stoned to death.
As for the rape victim, no punishment is to be inflicted on her. She is to be treated with dignity and honor, and all forms of help should be given to her to gain her rights.
Al-Muwatta Hadith 36.14
Judgement about Raped Women
Malik related to me from Ibn Shihab that Abd al-Malik ibn Marwan gave a judgment that the rapist had to pay the raped woman her bride-price.
Yahya said that he heard Malik say, "What is done in our community about the man who rapes a woman, virgin or non-virgin, if she is free, is that he must pay the bride-price of the like of her. If she is a slave, he must pay what he has diminished of her worth. The hadd-punishment in such cases is applied to the rapist, and there is no punishment applied to the raped woman. If the rapist is a slave, that is against his master unless he wishes to surrender him."
In addition, the rapist is subject to the hadd punishment for zina, even if the rape was not carried out at knifepoint or gunpoint. If the use of a weapon was threatened, then he is a muharib, and is to be subjected to the hadd punishment described in the verse in which Allah says (The recompense of those who wage war against Allah and His Messenger and do mischief in the land is only that they shall be killed or crucified or their hands and their feet be cut off from opposite sides, or be exiled from the land. That is their disgrace in this world, and a great torment is theirs in the Hereafter) (Al-Ma’idah 5:33).
Mischief On earth
33:56 Allah and His angels send blessings on the Prophet: O ye that believe! send ye blessings on him and salute him with all respect.
47:20 Those who believe say "Why is not a Surah sent down (for us)?" But when a Surah of basic or categorical meaning is revealed and fighting is mentioned therein thou wilt see those in whose hearts is a disease looking at thee with a look of one in swoon at the approach of death: but more fitting for them
21 Were it to obey and say what is just and when a matter is resolved on it were best for them if they were true to Allah.
22 Then is it to be expected of you if ye will do no mischief in the land and break your ties of kith and kin?
23 Such are the men whom Allah has cursed for He has made them deaf and blinded their sight.
24 Do they not then earnestly seek to understand the Qur'an or are their hearts locked up by them?
13:25 But those who break the Covenant of Allah after having plighted their word thereto and cut asunder those things which Allah has commanded to be joined and work mischief in the land on them is the Curse; for them is the terrible Home!
7:56 Do no mischief on the earth after it hath been set in order but call on Him with fear and longing (in your hearts): for the mercy of Allah is (always) near to those who do good.
27:Yusuf Ali: Those who break Allah's Covenant after it is ratified and who sunder what Allah has ordered to be joined and do mischief on earth: These cause loss (only) to themselves.
Pickthall: Those who break the covenant of Allah after ratifying it and sever that which Allah ordered to be joined, and (who) make mischief in the earth: Those are they who are the losers
17:31 Kill not your children for fear of want: We shall provide sustenance for them as well as for you: verily the killing of them is a great sin.
32 Nor come nigh to adultery: for it is a shameful (deed) and an evil opening the road (to other evils).
33 Nor take life which Allah has made sacred except for just cause. And if anyone is slain wrongfully We have given his heir authority (to demand Qisas or to forgive): but let him not exceed bounds in the matter of taking life: for he is helped (by the Law). [note:After taking the compensation one should not kill the murderer]
34 Come not nigh to the orphan's property except to improve it until he attains the age of full strength; and fulfil (every) engagement for (every) engagement will be enquired into (on the Day of Reckoning).
35 Give full measure when ye measure and weigh with a balance that is straight: that is the most fitting and the most advantageous in the final determination.
36 And pursue not that of which thou hast no knowledge; for every act of hearing or of seeing or of (feeling in) the heart will be enquired into (on the Day of Reckoning).
37 Nor walk on the earth with insolence: for thou canst not rend the earth asunder nor reach the mountains in height.[Its about arrogance]
38 Of all such things the evil is hateful in the sight of thy Lord.
39 These are among the (precepts of) wisdom which thy Lord Has revealed to thee. Take not with Allah another object of worship lest thou shouldst be thrown into Hell blameworthy and rejected.
5:32 On that account: We ordained for the Children of Israel that if anyone slew a person unless it be for murder or for spreading mischief in the land it would be as if he slew the whole people: and if anyone saved a life it would be as if he saved the life of the whole people. Then although there came to them Our apostles with clear Signs yet even after that many of them continued to commit excesses in the land.
33Yusufali :The punishment of those who wage war against Allah and His Apostle and strive with might and main for mischief through the land is: execution or crucifixion of the cutting off of hands and feet from opposite sides or exile from the land: that is their disgrace in this world and a heavy punishment is theirs in the Hereafter.
Pickthall The only reward of those who make war upon Allah and His messenger and strive after corruption in the land will be that they will be killed or crucified, or have their hands and feet on alternate sides cut off, or will be expelled out of the land. Such will be their degradation in the world, and in the Hereafter theirs will be an awful doom;
[This is the formula verse for applying punishments & it can be applied to situations suited within the category mentioned]
INTEREST-USURY
2;276 Allah will deprive usury of all blessing but will give increase for deeds of charity: for He loveth not creatures ungrateful and wicked.
277 Those who believe and do deeds of righteousness and establish regular prayers and regular charity will have their reward with their Lord: on them shall be no fear nor shall they grieve.
278 O ye who believe! fear Allah and give up what remains of your demand for usury if ye are indeed believers.
279 If ye do it not take notice of war from Allah and his Apostle: but if ye turn back ye shall have your capital sums; deal not unjustly and ye shall not be dealt with unjustly.
280 If the debtor is in a difficulty grant him time till it is easy for him to repay. But if ye remit if by way of charity that is best for you if ye only knew.
*Note:[The judges may decide what punishment would be best looking at its effects on society,the more deviant society the hardest is the punishment]
Sahih Al-Bukhari HadithHadith 8.797 Narrated byAnas bin Malik
A group of people from 'Ukl (or 'Uraina) tribe--but I think he said that they were from 'Ukl--came to Medina and (they became ill, so) the Prophet
ordered them to go to the herd of (Milch) she-camels and told them to go out and drink the camels' urine and milk (as a medicine). So they went and drank
it, and when they became healthy, they killed the shepherd and drove away the camels. This news reached the Prophet early in the morning, so he sent
(some) men in their pursuit and they were captured and brought to the Prophet before midday. He ordered to cut off their hands and legs and their
eyes to be branded with heated iron pieces and they were thrown at Al-Harra, and when they asked for water to drink, they were not given water. (Abu
Qilaba said, "Those were the people who committed theft and murder and reverted to disbelief after being believers (Muslims), and fought against
Allah and His Apostle").
Sunan of Abu-DawoodHadith 4357 Narrated byAbuzZinad
When the Apostle of Allah (peace be upon him) cut off (the hands and feet of) those who had stolen his camels and he had their eyes put out by fire (heated nails), Allah reprimanded him on that (action), and Allah, the Exalted, revealed: "The punishment of those who wage war against Allah and His Apostle and strive with might and main for mischief through the land is execution or crucifixion."[At that time theft punishment was not revealed,had it been revealed then prophet would have cut the hand of the thiefs,Allah subhanawatala reprimanded him and above given punishment was revealed for those who do mischief on earth]
ALCOHOLISM-INTOXICANTS.
2:219 They ask thee concerning wine and gambling. Say: "In them is great sin and some profit for men; but the sin is greater than the profit." They ask thee how much they are to spend; say: "What is beyond your needs." Thus doth Allah make clear to you His Signs: in order that ye may consider.
4:43 O ye who believe! approach not prayers with a mind befogged until ye can understand all that ye say nor in a state of ceremonial impurity (except when travelling on the road) until after washing your whole body if ye are ill or on a journey or one of you cometh from offices of nature or ye have been in contact with women and ye find no water then take for yourselves clean sand or earth and rub therewith your faces and hands. For Allah doth blot out sins and forgive again and again.
5:90 O ye who believe! intoxicants and gambling (dedication of) stones and (divination by) arrows are an abomination of Satan's handiwork: eschew such (abomination) that ye may prosper.
91 Satan's plan is (but) to excite enmity and hatred between you with intoxicants and gambling and hinder you from the remembrance of Allah and from prayer: will ye not then abstain?
[Alcoholish was prohibited gradually]
Sahih Al-Bukhari HadithHadith 8.766 Narrated byUqba bin Al Harith
An-Nu'man or the son of An-Nu'man was brought to the Prophet in a state of intoxication. The Prophet felt it hard (was angry) and ordered all those who were present in the house, to beat him. And they beat him, using palm-leaf stalks and shoes, and I was among those who beat him.
Sahih Al-Bukhari HadithHadith 8.769 Narrated byAli bin Abi Talib
I would not feel sorry for one who dies because of receiving a legal punishment, except the drunk, for if he should die (when being punished), I would give blood money to his family because no fixed punishment has been ordered by Allah's Apostle for the drunk.
Sunan of Abu-DawoodHadith 3662 Narrated byUmar ibn al-Khattab
When the prohibition of wine (was yet to be) declared, Umar said: O Allah, give us a satisfactory explanation about wine. So the following verse of Surat al-Baqarah revealed; "They ask thee concerning wine and gambling. Say: In them is great sin...." Umar was then called and it was recited to him. He said: O Allah, give us a satisfactory explanation about wine. Then the following verse of Surat an-Nisa' was revealed: "O ye who believe! approach not prayers with a mind befogged...." Thereafter the herald of the Apostle of Allah (peace be upon him) would call when the (congregational) prayer was performed: Beware, one who is drunk should not come to prayer. Umar was again called and it was recited to him). He said: O Allah, give us a satisfactory explanation about wine. This verse was revealed: "Will ye not then abstain?" Umar said: We abstained.
Sahih Al-Bukhari HadithHadith 8.770 Narrated byAs Saib bin Yazid
We used to strike the drunks with our hands, shoes, clothes (by twisting it into the shape of lashes) during the lifetime of the Prophet, Abu Bakr and the early part of 'Umar's caliphate. But during the last period of 'Umar's caliphate, he used to give the drunk forty lashes; and when drunks became mischievous and disobedient, he used to scourge them eighty lashes.
Sahih Al-Bukhari HadithHadith 6.144 Narrated byAnas
The alcoholic drink which was spilled was Al-Fadikh. I used to offer alcoholic drinks to the people at the residence of Abu Talha. Then the order of prohibiting alcoholic drinks was revealed, and the Prophet ordered somebody to announce that. Abu Talha said to me, "Go out and see what this voice (this announcement ) is." I went out and (on coming back) said, "This is somebody announcing that alcoholic beverages have been prohibited." Abu Talha said to me, "Go and spill it (i.e. the wine)." Then it (alcoholic drinks) was seen flowing through the streets of Medina. At that time the wine was Al-Fadikh. The people said, "Some people (Muslims) were killed (during the battle of Uhud) while wine was in their stomachs." So Allah revealed: "On those who believe and do good deeds there is no blame for what they ate (in the past)." (5.93)
Al-Tirmidhi HadithHadith 2776 Narrated byAnas ibn Malik
Allah's Messenger (peace be upon him) cursed ten people in connection with wine: the wine-presser, the one who has it pressed, the one who drinks it, the one who conveys it, the one to whom it is conveyed, the one who serves it, the one who sells it, the one who benefits from the price paid for it, the one who buys it, and the one for whom it is bought.
Tirmidhi and Ibn Majah transmitted it.
Sunan of Abu-DawoodHadith 3677 Narrated byAbdullah ibn Amr ibn al-'As
The Prophet (peace be upon him) forbade wine (khamr), game of chance (maysir), drum (kubah), and wine made from millet (ghubayrah), saying: Every intoxicant is forbidden.
Sunan of Abu-DawoodHadith 4470 Narrated byQabisah ibn Dhuwayb
The Prophet (peace be upon him) said: If anyone drinks wine, flog him; if he repeats it, flog him, and if he repeats it, flog him. If he does it again a third or a fourth time, kill him. A man who had drunk wine was brought (to him) and he gave him lashes. He was again brought to him, and he flogged him. He was again brought to him and he flogged him. He was again brought to him and he flogged him. The punishment of killing (for drinking) was repealed, and a concession was allowed.*[Note:If excess of repeatation occurs then it comes under the category of mischief 5:33
Al-Muwatta Hadith
Hadith 42.3
The Hadd for Drinking Wine
Yahya related to me from Malik from Ibn Shihab that he was asked about the hadd of the slave for wine. He said, "I heard that he has half the hadd of a freeman for drinking wine. Umar ibn al-Khattab, Uthman ibn Affan, and Abdullah ibn Umar flogged their slaves with half of the hadd of a freeman when they drank wine."
Sahih Al-Bukhari HadithHadith 1.243 Narrated byAisha
The Prophet said, "All drinks that produce intoxication are Haram (forbidden to drink).
Al-Tirmidhi HadithHadith 171 Narrated byAbdullah ibn Amr
Allah's Messenger (peace be upon him) said: There will befall my Ummah exactly (all those) evils which befell the people of Isra'il, so much so that if there was one amongst them who openly committed fornication with his mother there will be among my Ummah one who will do that, and if the people of Isra'il were fragmented into seventy-two sects my Ummah will be fragmented into seventy-three sects. All of them will be in Hell Fire except one sect. They (the Companions) said: Allah's Messenger, which is that? Whereupon he said: It is one to which I and my companions belong.
Transmitted by Tirmidhi.
JURISDICTION
Those who are given the authority ,they are supposed to be learned in religion . They ones who have the right to khilafat.They can be choosen by ppl [selective people].
4:59 O ye who believe! obey Allah and obey the Apostle and those charged with authority among you. If ye differ in anything among yourselves refer it to Allah and His Apostle if ye do believe in Allah and the Last Day: that is best and most suitable for final determination.
4:83 When there comes to them some matter touching (public) safety or fear they divulge it. If they had only referred it to the Apostle or to those charged with authority among them the proper investigators would have tested it from them (direct). Were it not for the Grace and Mercy of Allah unto you all but a few of you would have fallen into the clutches of Satan.
43:32 Is it they who would portion out the Mercy of thy Lord? It is We Who portion out between them their livelihood in the life of this world: and We raise some of them above others in ranks so that some may command work from others. But the Mercy of thy Lord is better than the (wealth) which they amass.
3:104 Let there arise out of you a band of people inviting to all that is good enjoining what is right and forbidding what is wrong; they are the ones to attain felicity.
105 Be not like those who are divided amongst themselves and fall into disputations after receiving clear signs; for them is a dreadful penalty.
37:1 By those who range themselves in ranks.
2 And so are strong in repelling (evil)
3 And thus proclaim the message (of Allah)!
4 Verily verily your Allah is One!
Sahih Muslim HadithHadith 4718 Narrated byJabir ibn Abdullah
I heard the Messenger of Allah (peace be upon him) say: A group of people from my Ummah will continue to fight in defence of truth and remain triumphant until the Day of Judgment.
Sahih Muslim HadithHadith 6906 Narrated bySa'd ibn AbuWaqqas
One day Allah's Apostle (peace be upon him) came from a high land. He passed by the mosque of Banu Mu'awiyah, went in and observed two rak'ahs there and we also observed prayer along with him and he made a long supplication to his Lord. He then came to us and said: I asked my Lord three things and He has granted me two but has withheld one. I begged my Lord that my Ummah should not be destroyed because of famine and He granted me this. And I begged my Lord that my Ummah should not be destroyed by drowning (by deluge) and He granted me this. And I begged my Lord that there should be no bloodshed among the people of my Ummah, but He did not grant it.
43:32 Is it they who would portion out the Mercy of thy Lord? It is We Who portion out between them their livelihood in the life of this world: and We raise some of them above others in ranks so that some may command work from others. But the Mercy of thy Lord is better than the (wealth) which they amass.
4:82 Do they not consider the Qur'an (with care)? Had it been from other than Allah they would surely have found therein much discrepancy.
4:168 Those who reject faith and do wrong Allah will not forgive them nor guide them to any way.
45:Ayah 18 Yusuf Ali Then We put thee on the (right) Way of Religion: so follow thou that (Way) and follow not the desires of those who know not.
Pickthall And now have We set thee (O Muhammad) on a clear road of (Our) commandment; so follow it, and follow not the whims of those who know not.
Sahih Muslim HadithHadith 397 Narrated byAbdullah ibn Amr ibn al-'As
Verily the Apostle of Allah (peace be upon him) recited the words of Allah, the Great and Glorious, that Ibrahim uttered: My Lord! Lo! they have led many of mankind astray: "But whoso followeth me, he verily is of me" (al-Qur'an, xiv.35), and Jesus (peace be upon him) said: "If thou punisheth them, lo! they are Thy slaves, and if Thou forgiveth them--verily Thou art the Mighty, the Wise" (al-Qur'an, v.117). Then he raised his hands and said: O Lord, my Ummah, my Ummah, and wept. So Allah, the High and the Exalted, said: O Gabriel, go to Muhammad (though your Lord knows it fully well) and ask him: what makes thee weep? So Gabriel (p.) came to him and asked him, and the Messenger of Allah (peace be upon him) informed him of what he had said (though Allah knew it fully well). Upon this Allah said: O Gabriel, go to Muhammad and say: Verily We shall please thee with regard to your Ummah and shall not displease thee.
Conclusion:
For instance, to preserve life, it prescribes the law of retribution. To preserve religion, it legislates the punishment for apostasy. In addition, to preserve reason, Shariah prescribes the punishment for drinking. To preserve lineage, it stipulates the penalty for fornication and false accusation against a chaste innocent woman. Moreover, to preserve wealth, Islamic penal system specifies the punishment for theft .
And tazir crimes can be decided by judges.
This is the punishment for banditry.
Some scholars say that the imaam (ruler) has the choice in this matter to do as he sees fit. Others scholars say that the punishments differ in harshness according to the offences committed, so that one who kills and steals should be killed and crucified; whoever kills but does not steal should be killed, but not crucified; whoever steals but does not kill should have his right hand and left foot cut off; and whoever terrorized travellers should be banished from the land. This was narrated from Ibn ‘Abbaas (may Allaah be pleased with him) (Tafseer al-Tabari, 4/213) and it is the more correct view.
The Book that is completely detailed (6:114) and The Book that has no contradictions (4:82).
For example.verse ....5:3 ,This day have those who reject faith given up all hope of your religion: yet fear them not but fear Me. This day have I perfected your religion for you completed my favor upon you and have chosen for you Islam as your religion.its the last verse of Quran but it was fitted by Allah subhanawatala's permission,gibil alaisalaam supervision and prophet muhammad salle ala hu alai hi wa sallim's order.this is the way the whole compilation was carried out.so back to the point...as 5:3, not the whole but a part of that verse was the last verse ,still its surah number 112 revealed.After maidah was revealed Surah At-TaubaMadina (113) [(vv. 1-37), was revealed then Surah An-Nasr Madina (114) was revealed.but it does'nt mean that they were revealed at one time.the surah's and verses were assembled by Allah subhanawatal's permission.
Allah knows best.
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