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Race and Tribe in Islam: Difference between revisions
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====Imam Malik==== | ====Imam Malik==== | ||
{{Quote|{{citation|title=al-Shifa bi-ta'rif huquq al-Mustafa|author=Qadi Iyad|publisher=al-Maktaba al-Shamila|url=https://app.turath.io/book/1753|volume=2|page=217, 234}}; translated in {{citation|editor=Aisha Abdarrahman Bewley|Publisher=Madinah Press Inverness|location=Scotland|year=2004|title=Ash-Shifa of Qadi 'Iyad|pages=375, 387|url=https://archive.org/details/MuhammadMessengerOfAllahAshShifaOfQadiIyad}}|[Qadi Iyad repeats this twice:] Ahmad b. Abi Sulayman, '''the companion of Sahnun, said, 'Anyone who says that the Prophet was black (''aswad'') should be killed.''''}} | {{Quote|{{citation|author=Imam Malik|author2=Sahnun|author3=Ibn al-Qasim|title=al-Mudawwana|publisher=al-Maktaba al-Shamila|chapter=The book of the hudud with regards to adultery and slander|volume=4|pages=497-502|url=https://app.turath.io/book/587}}|'''Chapter: Regarding he who ascribed to an Arab or non-Arab the kinship of other than his own people''' […] | ||
I [Sahnun] said: What if he said to an Arab man, ‘Oh Ethiopian!’ or ‘Oh Persian!’ or ‘Oh Roman!’ or ‘Oh Berber!’? Will the hadd [referring to the hadd punishment known as ''hadd al-firyah'' – that is, the punishment of 80 lashes for slander] be implemented according to Malik? | |||
He [Ibn al-Qasim, Imam Malik’s companion for twenty years] said: Yes [the hadd will be implemented]. | |||
I said: What if he said to a non-Arab, ‘Oh Persian!’, while he is a Roman? Or he said to a Berber, ‘Oh Ethiopian!’ or ‘Oh Persian!’? Or he said to a Persian, ‘Oh Roman!’ or ‘Oh Nabatean!’? Will the hadd be implemented in this case according to Imam Malik or not? | |||
He said: Malik said: When it is said to a Persian, ‘Oh Roman!’, ‘Oh Ethiopian!’, or something similar, then there is no hadd with regard to this. And it was differed upon about Malik regarding whether or not the one who says to the Roman or Berber, ‘Oh Ethiopian!’ would have the hadd upon him. And I think that there is no hadd upon him [the criminal] except if he says to him [the victim], ‘Oh son of a black person!’ while he [the victim] is white. If there are among his [the victim’s] forefathers none who are black, then the hadd is implemented. And if he [the criminal] described him [the victim] as an Ethiopian, saying, ‘Oh son of an Ethiopian!’, and he [the victim] was a Berber, then the Ethiopian and the Roman [descriptions] in this case are the same [that is,] if he [the victim] was a Berber – and it [i.e. this ruling] is the best of what I have heard from the speech of Malik. And it [i.e. this ruling] was confirmed with me unless it were said to him [the victim], ‘Oh son of a black person!’, for that would be clear slander if there were no black person among his forefathers. | |||
I said: What if he said to a Persian or Berber, ‘Oh Arab!’ | |||
He said: There is no hadd upon him in this case. | |||
I said: What if he said to an Arab, ‘Oh Qurayshi!’, or to a man of Mudar [the tribe], ‘Oh Yemeni!’, or said to a man from Yemen, ‘Oh Mudari’ | |||
He said: I see all of this as the cutting-off of lineage, and I think that it warrants the hadd just as Malik says regarding the cutting-off of lineage [a different hadd punishment than the 80-lashes hadd punishment for slander – i.e. lying about lineage (“cutting off lineage”, or ''qatt al-nasab'') is not necessarily slander (''qadhf''), while saying someone is the “son of a black person” or describing an Arab as a non-Arab is], because the Arab’s lineage is traced through his forefathers, so whoever attributes him [the Arab] to other than his forefathers has done away with his [the Arab’s] lineage, [and] thus the hadd is upon him. […] | |||
I said: And if he said to an Arab, ‘You are not from the Arabs’, will he not suffer the hadd according to Malik? | |||
He said: Yes [the criminal will suffer the hadd]. […] | |||
'''Chapter: He said to a man, ‘Oh son of a disabled person!’ or ‘Oh son of a black person!’''' […] | |||
I said: What if he [the criminal] said to him [the victim], ‘Oh son of a cupper!’ [one who conducts cupping therapy] or, ‘Oh son of a tailor!’ | |||
He said: Malik said: If he [the victim] is an Arab, then the hadd is implemented unless there is among his [the victim’s] forefathers someone who did that type of work. | |||
Malik said: And if he [the victim] is a non-Arab, I hold that he [the criminal] should swear by Allah that he did not intend thereby the cutting-off of lineage, and there is no hadd upon him, and upon him is the ''tazeer'' [i.e. some other discretionary punishment decided by the judge – these punishments are not allowed to exceed 40 lashes]. | |||
I said: why is it [the ruling] differentiated in this [case] between the Arab and the non-Arab? | |||
He said: Because they [i.e. cupping and tailoring] are the work of the non-Arabs. | |||
I said: And if he [the criminal] said to him [the victim], ‘Oh son of a black person!’ | |||
He said: The hadd will be implemented upon him according to Malik if he [the victim] was an Arab or a non-Arab unless there is a black person among his forefathers. […] | |||
'''Chapter: Regarding he who said to a white man, ‘Oh son of a black person’ or ‘Oh one blind in an eye!’''' […] | |||
I said: What about the man who says to an Arab, ‘Oh non-Arab!’ Is he punished with the hadd or not according to Malik? | |||
He said: Yes [the criminal is punished with the hadd]. | |||
I said: What about the man who says to an Arab, ‘Oh slave!’ Is he punished with the hadd or not according to Malik? | |||
He said: Yes [the criminal is punished with the hadd]. | |||
I said: What if he said to a non-Arab, ‘Oh slave!’ - will he be lashed according to the hadd or not according to Malik? | |||
He said: I do not remember it [i.e. the ruling] from Malik, but I hold that there is no hadd upon him. […] | |||
'''Chapter: Regarding the one who was slandered and then left Islam''' | |||
I said: What if I [Sahnun, being a criminal] slandered a man and then that man [the victim] left Islam, thereafter returned to Islam, and then demanded of [i.e. against] me the hadd [that it should be imparted against Sahnun] - Would you smite [i.e. lash] me for him or not? | |||
He said: There is no hadd upon his [the revert’s] slanderer [i.e. the criminal]. | |||
He, Ibn al-Qasim, said: If he [the criminal] slandered him, and then he [the criminal] left Islam, or if he [the criminal] slandered him while he [the criminal] was an apostate [''murtad''], then the hadd would be implemented against him [the criminal] while he [the criminal] was an apostate – and if he [the criminal] repented [i.e. returned to Islam], then the hadd would be implemented against him [the criminal] just as well. And if someone [being a criminal] slandered him [the victim] while he [the victim] was an apostate, and then he [the victim] repented, then there would be no hadd upon him [the criminal]. And if someone [being a criminal] slandered him [the victim] before he [the victim] apostatized, and then he [the victim] apostatized, then there is no hadd upon the slanderer [i.e. the criminal] if he [the victim] repents [i.e. returns to Islam] – and indeed this is similar to the case of a man who was slandered with [the accusation of] fornication but was not taken thus for the hadd [i.e. not punished or prosecuted] until he [the victim] [actually] fornicated, for then [also] there is no hadd upon whoever slandered him.}}{{Quote|{{citation|title=al-Shifa bi-ta'rif huquq al-Mustafa|author=Qadi Iyad|publisher=al-Maktaba al-Shamila|url=https://app.turath.io/book/1753|volume=2|page=217, 234}}; translated in {{citation|editor=Aisha Abdarrahman Bewley|Publisher=Madinah Press Inverness|location=Scotland|year=2004|title=Ash-Shifa of Qadi 'Iyad|pages=375, 387|url=https://archive.org/details/MuhammadMessengerOfAllahAshShifaOfQadiIyad}}|[Qadi Iyad repeats this twice:] Ahmad b. Abi Sulayman, '''the companion of Sahnun, said, 'Anyone who says that the Prophet was black (''aswad'') should be killed.''''}} | |||
==Race and Tribe in Islamic doctrine== | ==Race and Tribe in Islamic doctrine== | ||