Qur'an, Hadith and Scholars:Punishments: Difference between revisions

no edit summary
[checked revision][checked revision]
No edit summary
 
(14 intermediate revisions by 6 users not shown)
Line 1: Line 1:
{{QuranHadithScholarsIndex}}
{{QuranHadithScholarsIndex}}
{{QualityScore|Lead=2|Structure=2|Content=3|Language=4|References=4}}
The punishments in Islamic jurisprudence, known as the huduud حدود, include acts such as whipping, crucifixion, amputation, and execution. These punishments are meted out both for capital crimes such as rape and murder, but also for crimes against the holy will of Allah such as fornication, drinking alcohol, stealing, blasphemy, and homosexuality. In the legal codes of Muslim majority countries today, the inclusion of sharia based punishments varies widely, ranging from complete absense to dedicated attempts to include them, whether or not frequently applied.
==Crimes==
==Crimes==
===Theft===
===Theft===
Line 27: Line 31:
{{Main|Qur'an, Hadith and Scholars:Apostasy}}
{{Main|Qur'an, Hadith and Scholars:Apostasy}}


{{ quote |{{Bukhari|9|84|57}} |  Narrated 'Ikrima: Some Zanadiqa (atheists) were brought to 'Ali and he burnt them. The news of this event, reached Ibn 'Abbas who said, "If I had been in his place, I would not have burnt them, as Allah's Apostle forbade it, saying, 'Do not punish anybody with Allah's punishment (fire).' I would have killed them according to the statement of Allah's Apostle, ''''Whoever changed his Islamic religion, then kill him'''.'"|See also {{Bukhari|4|52|260}}}}
{{quote |{{Bukhari|9|84|57}} |  Narrated 'Ikrima: Some Zanadiqa (atheists) were brought to 'Ali and he burnt them. The news of this event, reached Ibn 'Abbas who said, "If I had been in his place, I would not have burnt them, as Allah's Apostle forbade it, saying, 'Do not punish anybody with Allah's punishment (fire).' I would have killed them according to the statement of Allah's Apostle, ''''Whoever changed his Islamic religion, then kill him'''.'"|See also {{Bukhari|4|52|260}}}}


{{ quote |{{Bukhari|9|83|17}} | Narrated 'Abdullah: 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'''." }}
{{quote |{{Bukhari|9|83|17}} | Narrated 'Abdullah: 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'''." }}


===Missing Prayer===
===Missing Prayer===
Line 42: Line 46:
{{Main|Qur'an, Hadith and Scholars:Homosexuality}}
{{Main|Qur'an, Hadith and Scholars:Homosexuality}}


{{ quote | {{Abudawud|38|4447}} | Narated By Abdullah ibn Abbas : The Prophet (pbuh) said: If you find anyone doing as Lot's people did, '''kill the one who does it, and the one to whom it is done'''.}}
{{quote | {{Abudawud|38|4447}} | Narated By Abdullah ibn Abbas : The Prophet (pbuh) said: If you find anyone doing as Lot's people did, '''kill the one who does it, and the one to whom it is done'''.}}


{{ quote | {{Abudawud|38|4448}} | Narated By Abdullah ibn Abbas : If a man who is not married is seized committing sodomy, '''he will be stoned to death'''.}}
{{quote | {{Abudawud|38|4448}} | Narated By Abdullah ibn Abbas : If a man who is not married is seized committing sodomy, '''he will be stoned to death'''.}}


===Blasphemy===
===Blasphemy===
Line 67: Line 71:
{{Quote|{{Quran|47|4}}|Therefore, when ye meet the Unbelievers (in fight), '''smite at their necks'''; At length, when ye have thoroughly subdued them, bind a bond firmly (on them): thereafter (is the time for) either generosity or ransom: Until the war lays down its burdens. Thus (are ye commanded): but if it had been Allah's Will, He could certainly have exacted retribution from them (Himself); but (He lets you fight) in order to test you, some with others. But those who are slain in the Way of Allah,- He will never let their deeds be lost. }}
{{Quote|{{Quran|47|4}}|Therefore, when ye meet the Unbelievers (in fight), '''smite at their necks'''; At length, when ye have thoroughly subdued them, bind a bond firmly (on them): thereafter (is the time for) either generosity or ransom: Until the war lays down its burdens. Thus (are ye commanded): but if it had been Allah's Will, He could certainly have exacted retribution from them (Himself); but (He lets you fight) in order to test you, some with others. But those who are slain in the Way of Allah,- He will never let their deeds be lost. }}


{{Quote|Ishaq, p. 461-464|Then they surrendered, and the apostle confined them in Medina in the quarter of d. al-Harith, a woman of B. al-Najjar. '''Then the apostle went out to the market of Medina (which is still its market today) and dug trenches in it. Then he sent for them and struck off their heads in those trenches as they were brought out to him in batches'''. Among them was the enemy of Allah Huyayy b. Akhtab and Ka`b b. Asad their chief. There were 600 or 700 in all, though some put the figure as high as 800 or 900. As they were being taken out in batches to the apostle they asked Ka`b what he thought would be done with them. He replied, 'Will you never understand? Don't you see that the summoner never stops and those who are taken away do not return? By Allah it is death!' This went on until the apostle made an end of them. Huyayy was brought out wearing a flowered robe in which he had made holes about the size of the finger-tips in every part so that it should not be taken from him as spoil, with his hands bound to his neck by a rope. When he saw the apostle he said, 'By God, I do not blame myself for opposing you, but he who forsakes God will be forsaken.' Then he went to the men and said, 'God's command is right. A book and a decree, and massacre have been written against the Sons of Israel.' '''Then he sat down and his head was struck off'''.}}
{{Quote|{{citation|title=The Life of Muhammad|trans_title=Sirat Rasul Allah|ISBN=0-19-636033-1|year=1955|publisher=Oxford UP|author1=Ibn Ishaq (d. 768)|author2=Ibn Hisham (d. 833)|editor=A. Guillaume|url=https://archive.org/details/GuillaumeATheLifeOfMuhammad/page/n1/mode/2up|page=464}}<BR>{{citation|title=سيرة ابن هشام ت السقا|author1=ابن إسحاق|author2=ابن هشام|url=https://app.turath.io/book/23833|publisher=al-Maktabah al-Shamilah|volume=vol.2|page=240-241}}
 
|Then they surrendered, and the apostle confined them in Medina in the quarter of d. al-Harith, a woman of B. al-Najjar. '''Then the apostle went out to the market of Medina (which is still its market today) and dug trenches in it. Then he sent for them and struck off their heads in those trenches as they were brought out to him in batches'''. Among them was the enemy of Allah Huyayy b. Akhtab and Ka`b b. Asad their chief. There were 600 or 700 in all, though some put the figure as high as 800 or 900. As they were being taken out in batches to the apostle they asked Ka`b what he thought would be done with them. He replied, 'Will you never understand? Don't you see that the summoner never stops and those who are taken away do not return? By Allah it is death!' This went on until the apostle made an end of them. Huyayy was brought out wearing a flowered robe in which he had made holes about the size of the finger-tips in every part so that it should not be taken from him as spoil, with his hands bound to his neck by a rope. When he saw the apostle he said, 'By God, I do not blame myself for opposing you, but he who forsakes God will be forsaken.' Then he went to the men and said, 'God's command is right. A book and a decree, and massacre have been written against the Sons of Israel.' '''Then he sat down and his head was struck off'''.}}


===Crucifixion===
===Crucifixion===
Line 86: Line 92:
===Flogging===
===Flogging===


{{ quote | {{Abudawud|38|4469}} | Narrated AbuHurayrah: The Prophet (peace be upon him) said: '''If he is intoxicated, flog him; again if he is intoxicated, flog him; again if he is intoxicated, flog him if he does it again a fourth time, kill him'''.  
{{quote | {{Abudawud|38|4469}} | Narrated AbuHurayrah: The Prophet (peace be upon him) said: '''If he is intoxicated, flog him; again if he is intoxicated, flog him; again if he is intoxicated, flog him if he does it again a fourth time, kill him'''.  


AbuDawud said: And there is a similar tradition of Umar ibn AbuSalamah, from his father, on the authority of AbuHurayrah, from the Prophet (peace be upon him): If he drinks wine, flog him if he does it so again, a fourth time, kill him..}}
AbuDawud said: And there is a similar tradition of Umar ibn AbuSalamah, from his father, on the authority of AbuHurayrah, from the Prophet (peace be upon him): If he drinks wine, flog him if he does it so again, a fourth time, kill him..}}
Line 108: Line 114:
{{Quote|{{Muslim|17|4214}}|Al-Bara' b. 'Azib reported: There happened to pass by Allah's Apostle (may peace be upon him) a Jew blackened and lashed. Allah's Apostle (may peace be upon him) called them (the Jews) and said: Is this the punishment that you find in your Book (Torah) as a prescribed punishment for adultery? They said: Yes. He (the Holy Prophet) called one of the scholars amongst them and said: I ask you in the name of Allah Who sent down the Torah on Moses if that is the prescribed punishment for adultery that you find in your Book. He said: No. Had you not asked me in the name of Allah, I would not have given you this information. We find stoning to death (as punishment prescribed in the Torah). But this (crime) became quite common amongst our aristocratic class. So when we caught hold of any rich person (indulging in this offence) we spared him, but when we caught hold of a helpless person we imposed the prescribed punishment upon him. We then said: Let us argree (on a punishment) which we can inflict both upon the rich and the poor. So We decided to blacken the face with coal and flog as a substitute punishment for stoning. Thereupon Allah's Messenger (may peace be upon him) said: O Allah, '''I am the first to revive Thy command when they had made it dead. He then commanded and he (the offender) was stoned to death'''...}}
{{Quote|{{Muslim|17|4214}}|Al-Bara' b. 'Azib reported: There happened to pass by Allah's Apostle (may peace be upon him) a Jew blackened and lashed. Allah's Apostle (may peace be upon him) called them (the Jews) and said: Is this the punishment that you find in your Book (Torah) as a prescribed punishment for adultery? They said: Yes. He (the Holy Prophet) called one of the scholars amongst them and said: I ask you in the name of Allah Who sent down the Torah on Moses if that is the prescribed punishment for adultery that you find in your Book. He said: No. Had you not asked me in the name of Allah, I would not have given you this information. We find stoning to death (as punishment prescribed in the Torah). But this (crime) became quite common amongst our aristocratic class. So when we caught hold of any rich person (indulging in this offence) we spared him, but when we caught hold of a helpless person we imposed the prescribed punishment upon him. We then said: Let us argree (on a punishment) which we can inflict both upon the rich and the poor. So We decided to blacken the face with coal and flog as a substitute punishment for stoning. Thereupon Allah's Messenger (may peace be upon him) said: O Allah, '''I am the first to revive Thy command when they had made it dead. He then commanded and he (the offender) was stoned to death'''...}}


== Vigilantism ==
==Vigilantism==


{{ quote |{{Bukhari|9|84|64}} | Narrated 'Ali:
===Hadith===
 
{{quote |{{Bukhari|9|84|64}} | Narrated 'Ali:


Whenever I tell you a narration from Allah's Apostle, by Allah, I would rather fall down from the sky than ascribe a false statement to him, but if I tell you something between me and you (not a Hadith) then it was indeed a trick (i.e., I may say things just to cheat my enemy). No doubt I heard Allah's Apostle saying, "During the last days there will appear some young foolish people who will say the best words but their faith will not go beyond their throats (i.e. they will have no faith) and will go out from (leave) their religion as an arrow goes out of the game. So, where-ever you find them, kill them, for '''who-ever kills them shall have reward on the Day of Resurrection'''." }}
Whenever I tell you a narration from Allah's Apostle, by Allah, I would rather fall down from the sky than ascribe a false statement to him, but if I tell you something between me and you (not a Hadith) then it was indeed a trick (i.e., I may say things just to cheat my enemy). No doubt I heard Allah's Apostle saying, "During the last days there will appear some young foolish people who will say the best words but their faith will not go beyond their throats (i.e. they will have no faith) and will go out from (leave) their religion as an arrow goes out of the game. So, where-ever you find them, kill them, for '''who-ever kills them shall have reward on the Day of Resurrection'''." }}
Line 123: Line 131:
   
   
'''Thereupon the Prophet (peace be upon him) said: Oh be witness, no retaliation is payable for her blood'''.}}
'''Thereupon the Prophet (peace be upon him) said: Oh be witness, no retaliation is payable for her blood'''.}}
===Fiqh===
{{Quote|1=[http://www.shafiifiqh.com/maktabah/relianceoftraveller.pdf Reliance of the Traveller: A Classic Manual of Islamic Sacred Law]<BR>Ahmad ibn Naqib al-Misri, Edited and Translated by Nuh Ha Mim Keller (p. 508, o1.1-2)|2=Who is Subject to Retaliation for Injurious Crimes
o1.1 - Retaliation
Retaliation is obligatory (A: if the person entitled wishes to take it (dis: o3.8)) against anyone who kills a human being purely intentionally and without right. (O: Intentionally is a first restriction and excludes killing someone through an honest mistake, while purely excludes a mistake made in a deliberate injury (def: o2.3), and without right excludes cases of justifiable homicide such as lawful retaliation.)
o1.2 '''The following are not subject to retaliation''':
-1- a child or insane person, under any circumstances
-2- '''a Muslim for killing a non-Muslim''';
-3- '''a Jewish or Christian subject of the Islamic state for killing an apostate from Islam (O: because a subject of the state is under its protection, while killing an apostate from Islam is without consequences)''';
-4- '''A father or mother (or their fathers of mothers) for killing their offspring, or offspring's offspring''';
-5- '''nor is retaliation permissible to a descendant for (A: his ancestor's) killing someone whose death would otherwise entitle the descendant to retaliate, such as when his father kills his mother'''.}}
===Fatwas===


{{Quote|{{cite web quotebox|url= http://www.islamqa.com/en/ref/14305/defamation%20of%20the%20prophet|title= It is essential to respond to those who defame the Prophet (peace and blessings of Allaah be upon him)|publisher= Islam Q&A|author= Shaykh ‘Abd al-Rahmaan al-Barraak|series= Fatwa No. 14305|date= |archiveurl= http://www.webcitation.org/query?url=http%3A%2F%2Fwww.islamqa.com%2Fen%2Fref%2F14305%2Fdefamation%2520of%2520the%2520prophet&date=2013-06-19|deadurl=no}}|Defaming the Prophet (peace and blessings of Allaah be upon him) is a kind of kufr. If that is done by a Muslim then it is apostasy on his part, and '''the authorities have to defend the cause of Allaah and His Messenger (peace and blessings of Allaah be upon him) by executing the one who defamed him'''. If the one who defamed him repents openly and is sincere, that will benefit him before Allaah, although his repentance does not waive the punishment for defaming the Prophet (peace and blessings of Allaah be upon him), which is execution. If the person who defames him is a non-Muslim living under a treaty with the Muslim state, then this is a violation of the treaty and he must be executed, but that should be left to the authorities. If a Muslim hears a Christian or anyone else defaming the Prophet (peace and blessings of Allaah be upon him) he has to denounce him in strong terms. It is permissible to insult that person because he is the one who started it. How can we not stand up the Prophet (peace and blessings of Allaah be upon him)? '''It is also obligatory to report him to the authorities who can carry out the punishment on him. If there is no one who can carry out the hadd punishment of Allaah and stand up for the Messenger (peace and blessings of Allaah be upon him) then the Muslim has to do whatever he can''', so long as that will not lead to further mischief and harm against other people.}}
{{Quote|{{cite web quotebox|url= http://www.islamqa.com/en/ref/14305/defamation%20of%20the%20prophet|title= It is essential to respond to those who defame the Prophet (peace and blessings of Allaah be upon him)|publisher= Islam Q&A|author= Shaykh ‘Abd al-Rahmaan al-Barraak|series= Fatwa No. 14305|date= |archiveurl= http://www.webcitation.org/query?url=http%3A%2F%2Fwww.islamqa.com%2Fen%2Fref%2F14305%2Fdefamation%2520of%2520the%2520prophet&date=2013-06-19|deadurl=no}}|Defaming the Prophet (peace and blessings of Allaah be upon him) is a kind of kufr. If that is done by a Muslim then it is apostasy on his part, and '''the authorities have to defend the cause of Allaah and His Messenger (peace and blessings of Allaah be upon him) by executing the one who defamed him'''. If the one who defamed him repents openly and is sincere, that will benefit him before Allaah, although his repentance does not waive the punishment for defaming the Prophet (peace and blessings of Allaah be upon him), which is execution. If the person who defames him is a non-Muslim living under a treaty with the Muslim state, then this is a violation of the treaty and he must be executed, but that should be left to the authorities. If a Muslim hears a Christian or anyone else defaming the Prophet (peace and blessings of Allaah be upon him) he has to denounce him in strong terms. It is permissible to insult that person because he is the one who started it. How can we not stand up the Prophet (peace and blessings of Allaah be upon him)? '''It is also obligatory to report him to the authorities who can carry out the punishment on him. If there is no one who can carry out the hadd punishment of Allaah and stand up for the Messenger (peace and blessings of Allaah be upon him) then the Muslim has to do whatever he can''', so long as that will not lead to further mischief and harm against other people.}}
==Shia Punishments==
{{Quote|{{cite book|url= |title=Al-Muqni'ah |publisher= |page=129 |author=Al-Shaykh Al-Mufid |date= |archiveurl= |deadurl=no}}|"Whoever considers [[w:usury|usury]] lawful, should be beheaded."}}


==See Also==
==See Also==


* [[Punishments]]'' - A hub page that leads to other articles related to Punishments''
{{Hub4|Punishments|Punishments}}


==External Links==
==External Links==
* [http://islamqa.com/en/ref/46068/punishments Detailed reasons for the punishment in the grave] ''- Islam Q&A''
 
*[http://islamqa.com/en/ref/46068/punishments Detailed reasons for the punishment in the grave] ''- Islam Q&A''
 
[[Category:QHS]]
[[Category:QHS]]
[[Category:Hudud (punishments)]]
[[ar:القرآن_والحديث_والعلماء:_العقوبات]]
Editors, recentchangescleanup, Reviewers
4,682

edits