Our Words
Islam is the only complete way of life. There is no aspect of human life for which Islam provides no guidance. Specific injunctions of Islam exist at every level of human life. In the personal, familial, social, state, economic, cultural, moral, and character-building spheres, among others, there is a well-ordered imprint of the Islamic ideal. Islam has proclaimed the liberation of humankind from the dazzling chains of servitude to other than Allah and man-made ideologies, and has presented an infrastructure suitable for all ages. The practical aspect of the body of Islamic injunctions is the Shariah. Muslims must move only within the boundaries or confines prescribed by the Shariah. They have no right to go beyond them. If anyone goes beyond them—that is, violates those boundaries—he will be regarded as a rebel against Allah.
The broader field of human life falls within the sphere of the Islamic ideal. The system of state administration is no exception. From the dawn of civilization to the present day, all ideologies that have emerged concerning state administration have been products of the human mind. The Islamic system of governance alone is an exception. Its author and controller is Allah Himself. Therefore, it is undoubtedly flawless. Where the arduous journey along the path of life presents a strong possibility of stumbling at every step, man-made ideologies cannot make a truly effective contribution, because the possibility of error in them is considerable. Only adherence to the flawless regulations given by Allah can bring people to their desired destination. Its finest gift is the system of governance sanctioned by the Shariah.
Imam Ibn Taymiyyah (may Allah have mercy on him) was a highly esteemed alim (muhaddith and faqih) and a renowned mujaddid (reformer). He spent his entire life striving to awaken the Muslim ummah, steeped in shirk, bid’ah, and superstition, with the fundamental message of tawhid and to shape it into genuine servants of Allah. His writing was extraordinarily incisive. By uprooting un-Islamic thought from the system of state administration, he wished to immerse Muslim society in the standards of an unadulterated Islamic ideal. From this perspective, the book he wrote, ***** (Arabic), is an unparalleled work. Its Bengali translation is Shariah Statecraft. The translator is the eminent Islamic thinker, journalist, and literary figure Maulana Zulfikar Ahmad Kismati. Mr. Kismati is an established author, proficient in four or five languages, and the writer, translator, and editor of many valuable books. His translation is highly clear and fluent.
In the present edition, the translation has been further enriched because the translator re-edited the work.
There is no denying the lack of original books on this subject in the Bengali language. We believe that this book, containing the fundamental principles of the Shariah state system and penal law, will make a substantial contribution toward filling a long-awaited need among the Muslims of this country. We offer millions of thanks in the court of the Most Merciful Allah for being able to place a book of this kind in the hands of the reading public. May Allah accept this humble effort of ours. Amen. —
Muhammad Golam Kibria
Publisher
The Author’s Introduction
All praise belongs to that Great Being who sent His prophets and messengers to humankind with clear proofs and evidences; who sent, together with the prophets and messengers, the Book and the Balance—that is, the standard of justice—so that people might follow the straight path and become adherents of justice and righteousness. (All praise is due to Him alone.) He sent iron and articles made of iron, in which, on the one hand, there is formidable strength and terror, and on the other, countless means of benefit for humanity.
Allah Most High knows best whom to support and whom it is appropriate to make a prophet. He alone is the Powerful, the Mighty, the One of overwhelming strength, who brought the chain of prophethood to an end through Hazrat Muhammad Mustafa, peace and blessings of Allah be upon him, and made him the final Prophet.
***** (Arabic)
“Allah Most High sent the Messenger of Allah with guiding laws and regulations and the true way of life so that he might establish its superiority over all man-made ways of life and religious ideologies.” (Surah al-Fath: 28)
To support the Noble Prophet, He sent “a powerful supporting proof,” knowledge and wisdom, the pen, guidance, argument and evidence, authority, strength and ability, influence and prestige, and also the sword (the symbol of power). Needless to say, all these qualities are essential for attaining honor and dignity and triumphing over injustice and falsehood. I boldly declare that there is no being worthy of worship except Allah; He has no partner. He has no associate or equal. I further declare that Muhammad, the Messenger of Allah, peace and blessings be upon him, is a servant and messenger of Allah. May countless mercies of Allah descend upon him. May mercy descend upon his descendants and all his Companions. May peace and an unending flow of mercy descend upon them. May this declaration and testimony of mine possess that virtue through which the one making the declaration enters, for all time, under divine protection and care.
The Main Inspiration for Writing the Book
Although this is essentially a brief book, it fully sets out the political regulations given by Allah and matters relating to the representation of the Noble Prophet. Consequently, no ruler or ruled person, king or subject, has any opportunity under any circumstances to show negligence toward his own responsibility or to obtain exemption from it. The main purpose of writing this book is to provide all executive officials of the state and the country’s policymakers and administrators with such advice or guidance as Allah Most High has made obligatory upon those rulers and administrators. As the Messenger of Allah, peace and blessings be upon him, said:
***** (Arabic)
“Allah is pleased with you for three things: (1) that you worship Allah alone; (2) that you associate no one with Him; and (3) that you all hold fast together to the rope of Allah and do not become divided among yourselves; and that you give sincere advice to those whom Allah has placed in authority over you.”
The fundamental basis of the book “As-Siyasah ash-Shar’iyyah,” or Shariah Statecraft, is the collection of verses from the Book of Allah in which it is said:
****** (Arabic)
“O Muslims! Allah commands you to return the trusts—that is, people’s rights—to their owners, those entitled to them. When you undertake to settle disputes among the people, settle them with justice. How excellent is the counsel Allah gives you. Indeed, Allah is All-Hearing, All-Seeing. O Muslims! Obey Allah’s command, obey the command of His Messenger, and also obey the command of those responsible leaders among you. Then, if any kind of disagreement arises among you, the condition of believing in Allah Most High and the Hereafter is that you refer the disputed matter to Allah and His Messenger. That is better for you and best in its outcome.” (Surah an-Nisa: 58–59)
The view of scholars specializing in the Shariah is that the first-mentioned verse, **** (Arabic), was revealed concerning state policymakers and officials and those connected with administrative authority. They are to deliver the people’s rights to their very doorsteps and establish justice in lawsuits and other complaints of the people.
Through the second verse, **** (Arabic), the general populace and members of the various forces are instructed to obey their respective leaders and officials. These officials distribute public resources and issue orders concerning war, and perform their duties in warfare and related matters. However, no matter what level of leader he may be, if he orders disobedience to Allah, he must not be obeyed, and if he enacts any law or command contrary to Allah’s command, it must never be followed. In this regard, the Noble Prophet, peace and blessings be upon him, said:
**** (Arabic)
“There is no permission to obey an order to commit an act of disobedience to the Creator.”
Therefore, whenever a dispute arises among you concerning any matter, turn your attention to what the Qur’an and Sunnah say, and then decide the matter accordingly. If the disputing parties do not resolve the dispute in this manner, it is obligatory upon state officials to act according to the instruction of the aforementioned verse and to implement Allah’s command. Allah’s command is:
**** (Arabic)
“Help one another in acts of goodness and piety, and do not help one another in sin and transgression.” (Surah al-Ma’idah: 2)
If this verse is acted upon, obedience will be rendered to Allah and His Messenger, and their rights will also be duly fulfilled.
The cited verse commands that trusts be discharged and the rights of those entitled to them be properly delivered to them. Needless to say, discharging trusts—that is, granting the people their rights—and observing justice in doing so: these two matters are the principal objectives of just governance, righteous leadership, and the welfare state. Through them, trusts will be discharged.
The Translator’s Words
This book on Islam and politics is the Bengali translation, Shariah Statecraft, of the celebrated work As-Siyasah ash-Shar’iyyah by the world-renowned seventh- and eighth-century Hijri politician and reformer, Shaykh al-Islam Imam Ibn Taymiyyah (may Allah have mercy on him). I offer endless thanks to Allah for being able to present this valuable book in Bengali for the service of its male and female readers.
Imam Ibn Taymiyyah (may Allah have mercy on him) wrote this book in an era when the entire Muslim world had almost lost its political firmness and stability. The political existence of the Muslims had become devastated. Many mutually conflicting ideologies spread. The Islamic state grew weaker with each passing day.
In reality, the seventh century Hijri was an age of trial for the Muslims. The principal cause of this decline was the widespread affliction of avoiding adherence, in character and conduct, to the fundamental principles of the Qur’an and Sunnah; state disorder and instability descended upon the entire nation in the form of Allah’s punishment.
This scene was deeply painful to Imam Ibn Taymiyyah (may Allah have mercy on him). Ultimately, he took up both pen and sword as weapons of resistance against the aggressive forces. He addressed the nation in fiery language. His truthful speeches struck at the interests of many, and many narrow-minded and crude thinkers began to oppose him. Without caring about any opposition, he fearlessly continued to proclaim the message of justice and truth. Eventually, a sense of unity and solidarity began to awaken among the Muslims.
Today, disunity, hesitation, conflict, and inferiority complexes can be observed among the Muslim ummah regarding political ideology. It is no greater than it was in the seventh century Hijri. It is true that today, in almost every Muslim country, Muslims are failing to maintain political balance and stability at the state level. The principal reason is their deviation from those fundamental principles that Islam refers to as “As-Siyasah ash-Shar’iyyah.” In this book, Allama Ibn Taymiyyah (may Allah have mercy on him) recorded Islam’s political system entirely in the light of the Qur’an and Sunnah. He made clear that for every sphere of human life—whether administrative, moral, practical, or economic—the system Islam has given is eternal and final. Without following these principles given by Islam, it is impossible both to keep society free of corruption and to ensure its development, progress, and flourishing, and to keep government administration and management free of defilement, strong, and stable.
The author of As-Siyasah ash-Shar’iyyah, Shaykh al-Islam Imam Ibn Taymiyyah (may Allah have mercy on him), was such a world-renowned personality that no introduction is needed. On every subject on which he took up his pen, he presented the definitive discussion. The greatest feature of all his writings is that his statements are grounded in the Qur’an and Sunnah. In particular, he presented abundant evidence from Bukhari and Muslim. He authored many books, large and small.
Although the book As-Siyasah ash-Shar’iyyah is not very long, he clearly set out in it the fundamental principles of state and administration through the Qur’an and Sunnah.
It is regrettable that, despite this valuable book being available to today’s Muslim ummah, some Muslims, out of inferiority and ignorance, seek guidance at the doors of others on matters of state policy. Yet, with the help of the fundamental political laws and principles upon which Islam established the foundations of governing a country and administering a state, the entire Muslim world can once again discover within itself the life-force of Islam that existed in its golden age. The hollowness of the world’s man-made political and administrative systems and their failure to bring peace to human society demand that the governing and administrative system of the Islamic state be reactivated on the basis of the sublime principles of Islamic values.
For all rulers and administrators of the world, especially the heads of state in the Muslim world and those connected with its administrative machinery, this book is a guide. If they study it with deep attention, a practical picture of Islamic politics will undoubtedly emerge before them, with the aim of governing the state soundly and presenting a welfare state to the people. By governing the state on this basis, they can solve public problems and win everyone’s hearts by improving their standard of living; they can offer the peace-loving people of the world new guidance toward comprehensive peace, welfare, stability, and prosperity.
Where the important subjects of the book require explanation, its significance has been further enhanced by using the statements of the book’s distinguished commentator, Abul Ala Muhammad Ismail, in the form of notes.
We extend our sincere thanks and congratulations to Ahsan Publications for publishing the Bengali translation of this ancient and valuable work by Allama Ibn Taymiyyah on the state system of Islam.
The same sublime objective of human welfare that the devoted mujahid, Allama Ibn Taymiyyah (may Allah have mercy on him), kept before him when writing this book is also active behind its Bengali translation. To free the civic character from criminal tendencies at every level of our social and state life, eradicate every form of corruption, and establish justice, we need a divinely ordained, impartial law. The absence of this law and system, free of class discrimination, gives rise in society to criminal tendencies arising from legal wrongs and injustice. Ultimately, those criminal tendencies incite thousands more criminal tendencies in society’s character. Since there is no room for any of this in this divinely ordained state system, which instills a sense of accountability in every action, the system, under righteous leadership, is capable of bringing peace, welfare, and public prosperity to society and the state. May this book assist in “the struggle to establish the supremacy and dignity of Allah’s religion”; may reading this book end all confusion concerning state policy and ideals. This is my supplication to Allah. — Zulfikar Ahmad Kismati
A Brief Biography of Imam Ibn Taymiyyah (may Allah have mercy on him)
The Muslim nation had to move forward through both favorable and unfavorable circumstances. The history of the Muslim world in the thirteenth and fourteenth centuries of the Common Era was deeply tragic and painful. Everywhere, a tide of unrest, instability, and disintegration had arisen. All their historic tales of heroism seemed to have turned into tales from the Arabian Nights. Cowardice and passivity had bound the Muslims hand and foot.
It was precisely then, at the beginning of the thirteenth century, that the nomadic Tatar tribes of Mongolia descended upon the Muslim world under the leadership of their chief, Genghis Khan, imitating the uncivilized barbarians of prehistoric times. They first engaged in conflict with Sultan Muhammad, the then ruler of Bukhara, now occupied by Russia. On a vast plain north of the Jihun River, the Sultan’s 408,000 troops attacked Genghis’s army, and 160,000 soldiers were killed on the very first day of battle. In the subsequent battles, Sultan Muhammad’s troops were brutally defeated and killed. The Mongol Tatar soldiers then advanced, destroying the Muslim kingdoms one after another. Damascus, prosperous in knowledge and science and in other respects, and Baghdad, the capital of the Muslim world at that time, also became sites of Tatar oppression and devastation.
Alongside this political decline, the Muslims reached the nadir of decline in religious thought, consciousness, and character as well. At that time, the scholars of society were what was meant by the educated. Disagreement and conflict among the scholars reached an extreme. Even over ordinary matters, one group of Muslims did not hesitate to kill another group mercilessly and subject it to a barrage of reproach. Because of mutual envy, hatred, and factionalism among the scholars, Muslim society became fragmented into hundreds of divisions and weak. Taking advantage of that disunity among the Muslims, the enemies devastated everything belonging to this nation.
Meanwhile, bid’ah, shirk, saint worship, grave worship, and other superstitions that destroy the life-force of Islam spread disastrously. The true meaning of tawhid was almost on the verge of disappearing. Greater importance began to be given to the statements of innovators among the pirs and shaykhs than to following the teachings of the Qur’an and Sunnah. The pure conception of Islam and its pristine radiance were almost on the verge of extinction. Just as the darkness of ignorance was nearly extinguishing the light of Muslim faith, a brilliant sun rose in the sky of Damascus. He was Allama Taqi al-Din Abu al-Abbas Ahmad ibn Abd al-Halim ibn Abd al-Salam ibn Abd Allah ibn Ibn Qasim, Shaykh al-Islam Ibn Taymiyyah al-Harrani al-Dimashqi.
Allama Ibn Taymiyyah emerged at this critical juncture in history and raised his voice against false creeds and beliefs. He declared a kind of jihad against them. Inspired by jihad, his reformist movement was multifaceted. His resistance proceeded through every means: writing, speeches, and participation in armed combat on the battlefield against aggressive forces. Amid every kind of opposition and ignorance, he continued to work fearlessly with his followers. In upholding the message of justice and truth, he had to face many hardships and sufferings. He lived a life of imprisonment. He endured the unbearable pain of prison life through the strength of faith.
He incurred the wrath of the rulers because he protested and opposed the un-Islamic roles of kings, sultans, amirs, and umara. The oppression, persecution, and hostile looks that Imam Ibn Taymiyyah (may Allah have mercy on him) endured while demonstrating honesty, selflessness, and firmness of faith in the path of Allah have few parallels. Having passed the severe trial by fire of self-sacrifice for the religion, if he had not, inspired by the spirit of “Afdal al-Jihad”—that is, “speaking justice and truth before a tyrannical ruler is the best jihad”—shown the path of struggle, then in later ages there would have been a shortage of people to speak the truth before misguided, tyrannical Muslim rulers and superstitious, aggressive individuals. Looking at the entirety of the life of the struggling Imam Ibn Taymiyyah (may Allah have mercy on him), there is no way to call these statements about him exaggerated. Even after nearly eight hundred years, demand for and popularity of his valuable written works have not declined. In the countless libraries of Egypt, the Hejaz, Iran, and other countries, the works of Ibn Taymiyyah (may Allah have mercy on him) continue to enrich the knowledge of their societies. The profound works of this struggling scholar adorn many libraries in Berlin, London, France, and Rome.
Through his incisive pen, on the one hand he tried to free Islam’s “Straight Path” from every impurity, and on the other he called everyone to abandon every path of misguidance and advance toward Allah’s system of governance. During his era, the tyrannical force that had advanced to obstruct the path of Islam and the Muslims also led him to take up the sword against it. Consequently, even the brutal might of the barbaric hordes of Genghis had to be checked before it. Needless to say, if, in later ages, the Islamic leadership of every Muslim country had correctly followed the spirit of jihad with which Allama Ibn Taymiyyah (may Allah have mercy on him) struggled comprehensively to reestablish Islam, the history of the Muslim world would have been shaped differently. It is because this did not happen that Muslims today are everywhere objects of the mercy of tyrannical forces.
Birth
Ibn Taymiyyah (may Allah have mercy on him) was born in the city of Harran on the tenth day of Rabi al-Awwal in 661 Hijri. When the city was attacked by the Tatars when he was seven years old, he left his homeland with his father and went to Damascus. He received his elementary education, including memorization of the Qur’an, at home. Subsequently, he completed his Islamic education under the eminent and highly skilled teachers of Damascus, then the center of Islamic knowledge and scholarship.
His knowledge, intelligence, and practical skill soon became known everywhere. His mastery of Hadith studies increased so greatly that people would say, “Any hadith that Imam Taymiyyah does not recognize as a hadith is not a hadith at all.” Ibn Taymiyyah presented solutions to all problems in the light of Qur’anic verses. Whenever he found an error in the exegetes of earlier ages, he pointed it out in clear language. He acquired this erudition and skill at the age of only twenty. His voice was solemn, resonant, and sweet. According to the historian Ibn Kathir, “On hearing Ibn Taymiyyah’s extraordinary, instructive, and profound sermons, many great sinners and even rebels against Allah repented and became followers of the right path.” Shaykh Salih Taj al-Din said: I regularly attended Ibn Taymiyyah’s lecture hall. He would rush forward like a flood and flow like a swift river. The audience would sit motionless with their eyes closed. After the lecture, he seemed even more solemn and formidable, yet he spoke to the students with a gentle smile and a cheerful disposition. During the lecture, he seemed to be moving through an unseen world, and the next moment he would return to the real world. Although he spent most of his life in prison cells, during his brief period of teaching the number of his students reached several thousand. Several of his students were among the world’s greatest personalities of that time in learning, knowledge, talent, professional ability, and character. In particular, the names of such eminent figures as Allama Ibn al-Qayyim, Allama al-Dhahabi, Hafiz Ibn Kathir, Hafiz Ibn Qudamah, Qadi Sharaf al-Din, and Shaykh Sharaf al-Din deserve special mention.
The translation of Greek philosophy into Arabic began in the second century Hijri. From that time, the materialistic essence of Greek philosophy began to influence Muslim society. As a result, people lost the outlook of the pure Islamic philosophy of life and began to think about everything through a materialistic lens. At the beginning of Abbasid rule, this rationalist movement assumed the form of blind fanaticism. This Mu‘tazilism gave rise to heated disputes such as the controversy over the createdness of the Qur’an. Mu‘tazilism defeated the people of the Qur’an through the invincible influence of Greek philosophy. The “science of Kalam” kept Muslim society occupied with subtle logical discussions and made it completely heedless of the practical world of action.
Seeing the Muslim world heading toward this undesirable and meaningless misguidance, Imam Ibn Taymiyyah took up his pen against it. In 698 AH, he wrote a book in which he severely criticized the creed and ideas of the “Mutakallimun,” proving them false and establishing the unadulterated model of the Qur’an and Sunnah through irrefutable arguments and evidence. This book struck the hearts of the adherents of false doctrines like an arrow. Through this work, he brought a new revolution to the world of thought. It was for this reason that his life of persecution began.
When various complaints about the Imam’s doctrine were raised before Nasir Shah, the ruler of Egypt, in 705 AH he instructed the governor of Damascus to convene a council of local scholars and examine the Imam’s doctrine. At several meetings, the Imam’s view prevailed.
Just as today a class of people earn money by posing as Sufi pirs, faqirs, and dervishes, while countless people flock to them, Muslim society at that time was no less burdened by this mischief. When a joint group from the Ahmadiyya and Nizari faqir communities bitterly criticized Imam Ibn Taymiyyah before the governor of Damascus, he summoned him. The Imam replied fearlessly: These faqirs are of two kinds—(1) one kind is worthy of praise for piety, holiness, morality, and poverty. However, most of them are fraudulent faqirs. They are immersed in the filth of shirk, bid‘ah, and notions of kufr. Having abandoned the Qur’an and Hadith, the fundamental teachings of Islam, they have made falsehood and deception the means of their lives. They deceive the ignorant people of the world and entangle them in various nets of bid‘ah and shirk. They constantly pretend to be holy in order to fill their pockets. They create such a poisonous atmosphere around themselves that anyone who came into contact with them would become their mental slave. Such people would empty their pockets and lay all they possessed at the feet of those innovators among the faqirs.
The Imam Summoned to Egypt
Although the governor remained silent at the Imam’s truthful words, others secretly plotted fiercely against him. Nasrullah Munji incited the nobles of Egypt against the Imam. They wrote to the governor of Damascus asking that the Imam be sent to Egypt. The governor replied: I have met him twice, but I found no fault in his doctrine. Later, however, an order came to him: “If you want what is best, do not hesitate to act according to the royal decree.” Forced to comply, the governor sent the Imam to Egypt.
When Imam Ibn Taymiyyah (may Allah have mercy on him) left Damascus on Monday, 12 Ramadan 705 AH, the townspeople followed him for three miles. Those who had come to bid him farewell gazed at the Imam with tearful eyes.
Upon reaching Egypt, he presented his views fearlessly on Friday in Cairo, inside a fortress, before an assembly of the chief justice and the courtiers. Yet he was not spared. He was detained on other false charges. He was released in 707 AH. Thereafter, he led the Friday prayer at the mosque of Jami‘at al-Hikam and spent nearly four hours explaining the exegesis of the verse, “You alone we worship and You alone we ask for help”—that is, “We serve only You, and from You alone do we seek help.” Thus, while remaining in Egypt for some time, he continued propagating his Islamic ideology and criticizing and opposing all erroneous doctrines. He began exposing with self-evident proofs the errors of Muhyi al-Din Ibn Arabi’s doctrine of monism. But this was unbearable to his opponents. The Sufi Taj al-Din incited ordinary people through gatherings and assemblies, brought several accusations against him, and demanded that the government punish him. The government first placed him under surveillance and later confined him in prison. Even in prison he did not remain idle. He began teaching Islam among prisoners immersed in various unlawful amusements and a purposeless way of life. He made them regular in prayer and upright in character. Thus, the lost people in the prison found their humanity.
Imam Ibn Taymiyyah in the Prison Cell
When his enemies learned of this work of Imam Ibn Taymiyyah, they conspired to transfer him to the prison of Alexandria. During the eighteen months he spent in a fortress there, rumors of his death spread several times, causing people throughout the Muslim world to weep and become distraught. In 709 AH, when he was released by the king’s order and set out from Alexandria for Cairo, the local people formed a great procession, escorted him a long distance, and prayed for him. During his stay at the Mashhad in Cairo, he devoted himself to disseminating the Qur’an, Hadith, and Islamic knowledge and sciences.
At that time (711 AH), a group of opponents came to the congregational mosque, attacked the Imam, detained him in a secluded room, and beat him mercilessly. When the news spread through the city, people came running to him in groups and declared that, if His Reverence permitted, they would set the entire city of Egypt ablaze. But he took no revenge; rather, he said, “I have forgiven them.” He remained in Egypt for many more days, then traveled to Bayt al-Muqaddas and returned to his homeland, Damascus. The people joyfully formed a procession to welcome his arrival.
Return to His Homeland, Damascus
After arriving in Damascus, he undertook the dissemination of religious education, the writing of books, and service to humanity. His fearless activity and forthright words irritated the vested-interest groups steeped in superstition. When they again complained to the government, an official decree was issued prohibiting Ibn Taymiyyah from issuing any further fatwas.
But the Imam said, “It is impossible for me to conceal the truth.” Because of this defiance of the official decree, a government order was issued at a session held at Dar al-Sa‘adah in 720 AH for the Imam to be imprisoned again. He was then confined in a fortress for five months and eighteen days. When he was released a year later, he resumed his former work. The Imam devoted himself to spreading knowledge. He saw that the graves of many revered elders were being worshipped. Thousands of people were coming in groups to pray to the elders lying in their graves in order to obtain their objectives. In 726 AH, Imam Ibn Taymiyyah issued a fatwa stating, “It is not permissible to travel to distant lands with the intention of visiting graves.” After this fatwa was issued, widespread agitation arose against him. His opponents held large meetings and delivered inflammatory speeches against him, inciting the people. Some said his tongue should be cut out; others said he should be flogged. Some thought he should be imprisoned for life. One group demanded from the king of Egypt that he be killed. The government later decided to imprison him. When the arresting police came to him, he smilingly went with them to prison. When this news reached Baghdad, its leading scholars of the time supported the Imam, declaring his fatwa consistent with the fundamental spirit of Islam. They sent two letters to the king. The gist of the letters was: Imam Ibn Taymiyyah is the greatest mujtahid of the age and the leader of the Islamic community; even the treasures of the seven regions of the earth cannot match his worth. It is astonishing that this guide of the nation, who should be residing in a royal palace, has been placed in prison. Baseless accusations have been made against him. He should be released immediately.
When the Iraqis heard of the Imam’s imprisonment and persecution, an intense fire of anguish arose throughout the country. A collective declaration by the scholars stated that Imam Ibn Taymiyyah’s position was unquestionably true. Therefore, Shaykh al-Islam should be released to serve the faith. This would be a tremendous favor to the Muslims of the world. The letter from Baghdad’s greatest scholars did not reach the court of the king of Egypt—or, if it did, it arrived at a time when this brilliant sun of the Islamic world had already set. The devoted mujahid, Shaykh al-Islam Imam Ibn Taymiyyah, departed this world forever.
Shaykh al-Islam Imam Ibn Taymiyyah (may Allah have mercy on him) spent the final days of his life in prison engaged in worship, recitation of the Qur’an, and its study. On the final occasion, the Imam remained imprisoned for more than three years and three months. Even this cruel prison life was spent composing numerous original and valuable books.
When the Tatars attacked the Muslims in the seventh and eighth centuries as a manifestation of Allah’s wrath, owing to their deviation from the teachings and ideals of Islam, there were still countless scholars and pirs and shaykhs in the Muslim world. Yet very few people were willing to abandon comfort and luxury, confront these great calamities, and organize the Muslim masses. Imam Ibn Taymiyyah (may Allah have mercy on him) alone fulfilled that responsibility with innovative knowledge. Islam came with a call for revolution in every sphere of human life—not to live in alliance with falsehood. Imam Ibn Taymiyyah left proof of this through unbearable suffering and persecution. To establish Allah’s religion, he wrote and spoke against falsehood and, when necessary, took up arms. His life of struggle is an open book and a shining example of how to pass the test of faith even through hardship and sacrifice.
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[One]
Responsibilities and Duties of Shariah Governance
The subject matter of the first chapter is a discussion of the responsibilities and duties of those vested with leadership, municipal officials, state administrators, judges, officials at various levels, finance officials, ministers, ministry secretaries, and collectors of charity, alms, and government zakat.
The matter of fulfilling responsibilities and duties is of two kinds. (1) Authority and leadership. When the Prophet (peace and blessings be upon him) conquered Makkah, he took the keys of the Ka‘bah from the Banu Shaybah. The Messenger of Allah’s uncle, Abbas (may Allah be pleased with him), asked for these keys so that he could arrange the provision of water to the pilgrims and, at the same time, obtain guardianship of the Ka‘bah and the responsibility of serving it himself. But Allah did not approve of this desire. He revealed a verse and ordered that the functions of the Ka‘bah be entrusted to the people of Banu Shaybah, its former custodians. Thus it is proven that it is obligatory for a leader to entrust any task of the Muslims to those who are more qualified for it. As the Prophet (peace and blessings be upon him) said,
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“If someone assumes authority over any affair of the Muslims and appoints as ruler a person while there is a Muslim in that region more qualified than him, then he has betrayed Allah and His Messenger.”
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Whoever appoints as leader in the army a person while there is someone more qualified than him in the national army has betrayed Allah Almighty and His Messenger. He has betrayed the Muslims. (Al-Hakim narrated this in his collection of authentic Hadith.)
Some scholars have attributed this as a saying of Umar (may Allah be pleased with him). They said that Umar (may Allah be pleased with him) said it to his son. Umar’s son was the narrator of the statement. Umar (may Allah be pleased with him) said,
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“Whoever assumes executive responsibility for any affair of the Muslims and appoints as an official—excluding a more qualified person—someone with whom he has an affectionate relationship or who is his relative has betrayed Allah, Allah’s Messenger, and the Muslims.”
The first duty of rulers is to think deeply about this matter. It is essential to investigate, evaluate, and consult regarding who is truly qualified to perform state and administrative responsibilities and what kinds of government representatives or officials should be appointed in cities, municipalities, and local administrations. For those who will be command officers of army units, lead Islamic armies large and small, collect various taxes from Muslims, and manage the people’s finances are the controllers of these affairs. They are also the directors of government administration. Therefore, it is absolutely essential for senior officials and the chief ruler to appoint to important government posts people who are regarded as best and qualified for the Muslims. Care must also be taken that, while qualified people are available, no unqualified person receives an appointment. This principle must be observed in every state administrative department—for example, imams and muezzins for prayer, teachers in education, preachers or officials for Hajj, managers of drinking-water provision, supervisors of rivers, canals, and springs, custodians of the state treasury, guards of military cantonments, weapons manufacturers there, arsenal guards, directors of various forces large and small, market tax collectors, and rural or local leaders. In appointing each of them, honesty and competence must be given priority.
If someone becomes the leader of Muslim society and assumes governing authority, it is his responsibility to appoint as his subordinates employees who are honest, trustworthy, and skilled and proficient in the relevant work. People who themselves desire authority or demand office should never be advanced. Rather, for those who crave office, that very craving for the position is a major disqualification. It is narrated in Sahih al-Bukhari and Sahih Muslim that,
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It is narrated from the Messenger of Allah (peace and blessings be upon him) that once some people came to his court and requested that he grant them governing authority. The Messenger of Allah (peace and blessings be upon him) said: We do not give authority over anything to people who seek authority voluntarily. (Bukhari and Muslim)
It is narrated from Abd al-Rahman ibn Samurah that the Messenger of Allah (peace and blessings be upon him) said,
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“O Abd al-Rahman! Do not ask for leadership and authority. If leadership comes to you without your asking for it, you will receive help from Allah in fulfilling the responsibility; but if you ask for leadership, the entire responsibility for it—good and bad—will rest upon you, and you will not receive Allah’s help.”
The Prophet (peace and blessings be upon him) said,
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“Whoever seeks the office of judge and seeks someone’s assistance for it will be entrusted with the responsibility of that work, with all its good and bad consequences. But whoever does not demand the office of judge and does not seek anyone’s assistance for it, Allah Almighty sends an angel to him. That angel guides him to the correct path.” (Ahl al-Sunnah)
Therefore, if the chief ruler loses his firmness and, excluding the more honest and qualified person, appoints an unqualified person to an important position on the basis of friendship, nepotism, regionalism, abuse of power, nationalism—such as being Iranian, Turkish, or Roman—or any other relationship, that will be a betrayal of Allah and His Messenger. Likewise, if a bribe or some other benefit, or any such narrow interest, becomes the reason for someone’s appointment, or if an unqualified and dishonest person is appointed by excluding a qualified and honest person out of hypocrisy and hostility toward him, then that too is nothing but a betrayal of Allah, His Messenger, and the ordinary Muslims. Allah Almighty has forbidden such betrayal, saying—
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“O believers! Do not knowingly betray Allah and His Messenger, nor betray the trusts among yourselves.” (Surah al-Anfal: 27)
Then Allah says,
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“Know that your wealth and your children are only a trial. Surely with Allah is a tremendous reward.” (Surah al-Anfal: 28)
The meaning of the statement of Almighty Allah is that people often become so overwhelmed by love for their children and close relatives that they place them in important positions of state authority. They make the unqualified powerful. This is certainly nothing but betrayal of Allah’s trust. Likewise, their desire to amass abundant wealth and mountains of money has no end. This love of wealth compels them to favor unqualified people and engage in wrongdoing. In seeking wealth through unjust and unlawful means, they exploit the people. Some regional rulers or senior government officials have such a character that they excel at flattering their superiors. Consequently, they appoint flattering people to positions of responsibility among their own associates, even though those people are unqualified. Such a person undoubtedly betrays Allah and His Messenger and violates the responsibility and trust placed upon him.
If a responsible government official fears Allah, can restrain his greed, and is able to refrain from abusing his authority, Allah helps him remain steadfast upon justice. He protects him from all adversity.
Allah punishes the ruler who is a slave to his own desires. He smashes the dream palaces of his aims and hopes. He leaves his children and family in a disgraceful condition. He loses the wealth he acquired through unlawful means.
There is a famous incident concerning this. Once, one of the Abbasid rulers summoned the scholars and said, “Record some incidents that you have seen or heard.” I once saw Umar ibn Abd al-Aziz (may Allah have mercy on him) when a man came to him and said, “Commander of the Believers! You have kept your children away from the state treasury and left them on the path to poverty and helplessness. You are leaving nothing for them.” Umar ibn Abd al-Aziz (may Allah have mercy on him) was then lying on his deathbed. He said, “Very well, bring my children before me.” They were all brought before him. The caliph had many children, and all of them were minors. Seeing his children, he wept and said, “My sons! I have given you in full whatever was your due—I have deprived no one. Apart from that, I cannot give you any of the people’s wealth. The condition of each of you is one of two: either you will be righteous and pious, in which case Allah is the guardian and helper of His righteous servants, or you will be corrupt and dishonest. I do not wish to leave anything for corrupt and dishonest people, because in that condition they will become involved in disobedience to Allah. ‘Go now; all of you may leave me. That is all I have to say.’”
Then he said, “Later, I saw those very children of the noble Umar ibn Abd al-Aziz. Some of them owned hundreds of horses, which they donated in the path of Allah. The mujahids of Islam rode those horses and waged jihad to establish justice.”
Then that Abbasid caliph said, “Umar ibn Abd al-Aziz (may Allah have mercy on him) was the ‘Caliph of the Muslims.’”
His rule extended from the land of the Turks in the east to Morocco and Spain in the west; his authority was established in Cyprus, the areas bordering Syria, Tarsus, and elsewhere. His rule extended southward to the farthest borders of Yemen. Nevertheless, his children inherited only a very small portion of his paternal estate. It is said that the value of his abandoned property amounted to less than twenty dirhams per child.1(Allah helps His righteous servants, as He did the children of Umar ibn Abd al-Aziz (may Allah have mercy on him); they did not inherit much. Yet Allah helped them in such a way that each of them became the owner of immense wealth. It is stated in the Qur’an: “Indeed, my Protector is Allah, Who revealed the Book, and He protects the righteous.” (7:196)—Editor) At that very time, however, I also saw among the caliphs rulers who left behind such vast amounts of wealth that, after their deaths, when their children divided it among themselves, each received as much as six hundred crore ashrafis. Even so, some of those children eventually became beggars. Countless stories, eyewitness accounts, and reports of many conditions heard from earlier generations are scattered here and there concerning this matter. They contain much instruction for the discerning.
The model of the Prophet’s life proves that political authority, leadership, and governing power are also a trust, and that properly safeguarding this trust is obligatory.
Warnings concerning this matter had already been given in various ways. The Noble Prophet (peace be upon him) said to Abu Dharr al-Ghifari (may Allah be pleased with him) regarding leadership,
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“Leadership is a trust. It may become a source of disgrace and regret on the Day of Resurrection. However, the case is different for one who held leadership on the basis of justice and ethics and fulfilled its due.” (Muslim)
A narration from Abu Hurayra (may Allah be pleased with him) has been reported by Imam al-Bukhari (may Allah have mercy on him) in Sahih al-Bukhari, stating that
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The Noble Prophet (peace be upon him) said, “When the trust is squandered—that is, when betrayal becomes prevalent—then await the Hour.” It was asked, “O Messenger of Allah, what is meant by ‘the trust being squandered’?” He said, “When unqualified people assume positions of governing power, leadership, and authority, then await the Hour.” (Bukhari)
In light of this meaning of trust, the consensus of the Muslim community has been established on this matter: if the guardian or trustee of an orphan, the administrator of a waqf property, or an officer or representative appointed to a responsibility needs to spend from the property of the concerned owner, he must spend it in the best manner (that is, he must not spend more than the recognized amount or misappropriate anything). As Allah Most High has said,
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“Do not approach the property of an orphan except in the best manner until he reaches maturity.”
Rulers and state officials are the guardians and caretakers of the people, like shepherds of sheep. The Noble Prophet (peace be upon him) said:
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“Each of you is a guardian over others, and each of you will be questioned about those under your care. The leader of society and the state will be questioned about the conduct of the people under his authority. A wife is the guardian of her husband’s household, and she will be held accountable for what falls under her authority in that household. A child is the guardian of his father’s property, and he will be questioned about it. A servant is the guardian of his master’s possessions, and he will be questioned about them. Beware! Remember that each of you is a guardian over others, and everyone will be questioned about those under his care.”
The Noble Prophet (peace be upon him) said:
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“If Allah grants someone responsibility and authority over others, and he dies while neglecting his responsibility, Allah will forbid him even the fragrance of Paradise.” (Muslim)
Once Abu Muslim al-Khawlani (may Allah have mercy on him) came before Muawiya ibn Abi Sufyan (may Allah be pleased with him) and addressed him, saying:
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“O wage-earner, peace be upon you.”
The courtiers said, “Instead of saying ‘O wage-earner,’ say [Arabic].” He then said, [Arabic] again. It was said, “Say ‘O commander.’” But Abu Muslim al-Khawlani repeated the same phrase three times. Those present repeatedly reminded him to say, “O commander.” At last, Commander Muawiya said, “Let Abu Muslim speak. He understands the meaning of his words best.” Abu Muslim then said, “O Muawiya! You are a wage-earner. The Lord of these sheep has hired you, for a wage, to look after this flock. If you tend the sheep afflicted with skin disease, treat the sick sheep, and care for them, the owner of the sheep will pay you your wage. But if you do not look after the sheep afflicted with skin disease, do not treat the sick sheep, and fail to show due responsibility in caring for them, their owner will punish you.”
This incident alone is sufficient advice and instruction for a ruler. For all humanity are servants of Allah. State officials are His representatives appointed to administer the affairs of Allah’s servants. The responsibility for protecting the lives, property, and honor of the people is entrusted to them.
Even when qualified and experienced people are available in matters concerning the country’s commerce, economy, and sources of agricultural production, appointing an inexperienced and unqualified person to such a position is certainly an act of betrayal and treachery. If a state authority does this, he will be a betrayer. For an inexperienced person, unfamiliar with the country’s economy and its vital agricultural, industrial, and commercial sectors, will sell goods and materials in business at unjust prices. To refuse to provide goods at a fair price to a good and honest buyer who is prepared to pay an additional or fair price, because of threats, friendship, or close kinship, is nothing but betrayal. The owner of the goods will certainly become hostile toward him and condemn him for it.
Therefore, it is obligatory for senior state officials not to appoint any treacherous person as a representative or administrator, but to appoint as a government representative or ruler someone with sound experience in trade and commerce, the country’s economy, land, and related matters.
[Two]
Qualification for Authority and Governing Power
The subject of the second chapter is this: authority and governing power should be entrusted to the most qualified person. Even in the absence of the most qualified person, authority and governing power should be entrusted to a qualified person. At every administrative level, the ideal person for each position should be placed in authority and appointed as a representative. Strength and trustworthiness are essential for governing authority, so that implementing the Shariah rules and securing the rights of the people may become easy. The various types of judges.
After the foregoing discussion, it is now necessary to understand what is obligatory upon a leader. In brief, he must appoint as state representatives, officials, or rulers of any area of the country people who are honest and qualified. However, circumstances sometimes arise in which no one with the desired qualifications for a task can be found. At such a time, it is the leader’s duty to appoint someone on the basis of relative merit. For each position, he should place in it the person who is comparatively the most qualified. If the leader resolves this matter with complete impartiality, honesty, and sound judgment, then he has fulfilled his duty and responsibility. Only then may he be called a just leader, and in the sight of Almighty Allah he will also be regarded as a just ruler. Nevertheless, it cannot be emphatically said that no errors or shortcomings will arise in some matters for various reasons. Even so, what other choice is there? Allah Most High has also spoken of making the utmost possible effort. As He says:
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“O Muslims! Fear Allah as much as you are able.” (Surah al-Taghabun: 16)
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“Allah does not burden anyone beyond his capacity.” (Surah al-Baqarah: 286)
While issuing the command to undertake jihad, Allah said:
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“Fight the enemies in the way of Allah. You are responsible for no one but yourself. However, encourage the other Muslims in this matter as well.” (Surah al-Nisa: 84)
Allah also says:
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“O believers! Be mindful of your own responsibility. If you remain on the right path, those who go astray cannot harm you.” (Surah al-Maidah: 105)
Therefore, any ruler or authority at any administrative level who makes every possible effort to appoint honest people and strives fully to discharge his own duties may be regarded as a follower of guidance, or the right path.
The Messenger of Allah (peace be upon him) said:
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“When I command you to do something, do it as much as you are able.” (Bukhari and Muslim)
But if a person neglects the task on the pretext of an incapacity unsupported by the Shariah, that will be betrayal. He will be punished for this betrayal resulting from neglect of duty. Therefore, it is his duty to determine carefully which person is more qualified, capable, and beneficial, and to propose qualified and capable persons for each position. For every position of authority and power has two pillars: one is strength, and the other is trust or integrity. As the Qur’an says:
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“The best person you can employ is the one who is strong and trustworthy.” (Surah al-Qasas: 26)
The king of Egypt said to Joseph (peace be upon him):
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“From today onward, you are a highly respected and trustworthy person among us.”
Regarding the status and qualities of Gabriel (peace be upon him), Allah the Exalted says:
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“Indeed, the Noble Qur’an is the word conveyed by a highly honored angel, who possesses the strength to bear the burden of revelation and holds a high rank before the Lord of the Throne. He is obeyed there and trustworthy. (Surah al-Takwir: 19–21)
The fundamental strength of every state power and governing authority is the country’s state of balance. On the battlefield, the strength of military leadership lies in the commander’s bravery and courage. He must be knowledgeable about and skilled in every kind of military strategy. He must remain alert to the enemy’s deceptions and tactics. For, Arabic, “the other name for fighting is deception.” The director of warfare must know military strategy. To act accordingly, he must possess complete competence. (At that time,) the director of warfare had to be experienced in shooting and striking with arrows so that he could deliver suitable blows to the enemy forces. He had to be a skilled horseman.
As Allah the Exalted has said:
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“O Muslims! Through stockpiling military equipment and acquiring large numbers of warhorses, make whatever preparations for battle you can against the disbelievers. (Surah al-Anfal: 60)
The Messenger of Allah (peace and blessings be upon him) said:
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“Learn archery and train in horsemanship. Archery is dearer to me than horsemanship. Whoever learns archery, then neglects it and subsequently forgets it, is not one of my followers.” Another narration states, ******Arabic
“Archery (that is, acquiring military competence) is a blessing. Whoever forgets it has denied this blessing.” (Muslim)
Through these statements, emphasis has been placed on Muslims possessing every kind of strength, including military competence, in order to remove the obstacles to establishing knowledge, wisdom, justice, and divine law in society. The Qur’an and Sunnah themselves urge this.
1. Honesty and trustworthiness are qualities rooted in the fear of God.
2. It is not proper to sacrifice the rights of Allah in exchange for a small worldly benefit.
3. He must completely remove the fear of people from his heart.
Allah the Exalted has made these three noble qualities essential for every ruler, leader, and person possessing authority.
Allah has declared in the Noble Qur’an:
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“Do not fear people; fear Me. Do not use My verses for base interests. Those who do not govern the people according to Allah’s law are disbelievers (disobedient)1. (Surah al-Ma’idah: 44) (1. Before this, He mentioned the wicked and the unjust.)
On this basis, the Noble Prophet (peace and blessings be upon him) divided rulers and judges into three categories. He declared two of these categories to be destined for Hell, and only one category of judges to be destined for Paradise.
The Messenger of Allah (peace and blessings be upon him) said:
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“Rulers and judges are of three categories. Two categories of judges will be in Hell, and one category will be in Paradise. Therefore, whoever recognizes the truth and judges justly will be in Paradise.” (Ahl al-Sunnah)
Those who settle disputes between two opposing parties are called qadis or judges. The judge issues directives to both parties. Therefore, whether one of them is a caliph or a king, a wali or governor, someone who serves as head of state, or even someone appointed to supervise children’s education, all fall under the same ruling. The honored Companions of the Noble Prophet mentioned the matter in this way. They acted accordingly, and this is what is natural.
[Three]
Compassionate, Courageous, Devoted Leadership
Very few people are found in today’s world whose character combines the two noble qualities of strength and trustworthiness. Suppose there are two people, one trustworthy and the other strong; authority and leadership should be entrusted to whichever of the two will not expose the country and nation to harm. Imam Ahmad (may Allah have mercy on him) was asked: If there are two men, one courageous and skilled in warfare but sinful in his conduct, and the other righteous and pious but cowardly and lacking courage, with whom is it preferable to perform jihad? He replied that one should perform jihad with the strong, skilled warrior even if he is a fajir. This is because his strength will be used here for the interests of the Muslims, whereas his sin is his own personal concern. The matter of the righteous and pious man is entirely the opposite.
People possessing the two noble qualities of strength, courage, and trustworthiness are extremely few nowadays. For this reason, Umar (may Allah be pleased with him) used to pray:
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“O Allah! I complain to You of the brutality of the sinful and the weakness and incapacity of the coward. (Protect us from the hands of both of them.)”
Therefore, for every country and territory, one should seek honest and competent leadership suited to its circumstances. If the leader of a country wishes to appoint a ruler or administrator, it is his duty to assign this responsibility to the best person in the relevant region or country. If there are two such people, one trustworthy and the other strong and courageous, then, in light of the circumstances, he must decide which appointment will, through a balanced exercise of these two qualities in governing and administering the region or kingdom, bring benefit to the country and nation and reduce the extent of harm.
Therefore, for military leadership, only a person or persons possessing strength, courage, and bravery should be nominated. Even if his religious practice is somewhat less than another’s, a courageous person should be given preference in matters of war and defense over a weak military leadership.
Imam Ahmad ibn Hanbal (may Allah have mercy on him) was asked: There are two men, both of whom lead in battle. One is a fajir, that is, sinful, but possesses greater strength and courage; the other is righteous and pious but weak-hearted. In such a situation, under whose leadership should one fight? He replied that the fajir’s vigor and strength serve the welfare of the Muslims, while his fujur, or sinfulness, concerns his own life. If the righteous and pious man is weak, his righteousness and piety benefit him personally, but because of his weakness he will be a cause of weakness in protecting the interests of the Muslims.
Therefore, one should perform jihad alongside a strong military commander even if he is a fajir.
The Messenger of Allah (peace and blessings be upon him) said:
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“Allah the Exalted also takes the help of a fajir person for His religion.” (In another narration, *****Arabic appears in place of ****Arabic, meaning: “He also causes His religion to be aided through such persons and communities as have no share in righteous deeds.)
Therefore, when no fearless military commander is available and no commander is found who can replace him, the person who is more qualified and righteous in religious terms should be appointed to that position. The Noble Prophet (peace and blessings be upon him) appointed Khalid ibn al-Walid (may Allah be pleased with him) as the commander of the Muslim army. He fulfilled this responsibility from the time he accepted Islam. Regarding him, the Noble Prophet (peace and blessings be upon him) used to say—
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“Khalid is a sword that Allah has unsheathed to destroy the polytheists.”
Despite this, one or two incidents occurred involving Khalid (may Allah be pleased with him) that displeased the Messenger of Allah (peace and blessings be upon him). On one occasion, for example, the Messenger of Allah (peace and blessings be upon him) raised his hands toward the sky and said:
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“O Allah! I disclaim responsibility before You for whatever excesses Khalid has committed (on the battlefield).”
The Prophet (peace be upon him) uttered this supplication when Khalid ibn al-Walid (may Allah be pleased with him), having become doubtful about the faith of the people of the Juzaymah tribe, killed some of them and seized their wealth and possessions. In fact, this was completely unlawful from the Islamic perspective. The other respected Companions who were with him had prohibited Khalid from doing so. The Prophet (peace be upon him) himself went to the people of the Juzaymah tribe and expressed sympathy and compassion toward them. He promised to return the wealth and possessions they had abandoned on the battlefield. Yet, despite this error, the Messenger of Allah (peace be upon him) continued to retain Khalid ibn al-Walid as commander of the Islamic army at all times. The sole reason for doing so was that he was more capable than others in military strategy and warfare. He would make mistakes in the general assessment of events. In contrast, Abu Dharr (may Allah be pleased with him), a soldier of truth, was more qualified in honesty and piety. Nevertheless, the Messenger of Allah (peace be upon him) said to him:
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“O Abu Dharr! I see you as weak. For you, I like what I like for myself. Never become the leader of even two people, and do not undertake responsibility for the guardianship of an orphan’s property.” (Muslim)
The Messenger of Allah (peace be upon him) prohibited Abu Dharr from accepting leadership and guardianship. Yet, in praise of his honesty and sublime character, the Prophet (peace be upon him) said:
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“Abu Dharr occupied the highest pinnacle of truthfulness. [The comparative proverbial expressions ‘Khazra’ and ‘Ghabra’ are absent here.]
The Messenger (peace be upon him) sent Amr ibn al-As (may Allah be pleased with him) to the Battle of Dhat al-Salasil because his close relatives lived there. He wished to show him special favor. Although there were people better than him, he sent him there rather than anyone else.
Once, the Messenger of Allah (peace be upon him) appointed Usama ibn Zayd to command an army.
In short, in view of particular national interests, certain individuals were appointed as governors, administrators, or military commanders because of their particular qualities. Yet there may have been others more qualified than them in religiosity, knowledge, wisdom, and faith.
Likewise, during the rule of the first Caliph, Abu Bakr al-Siddiq (may Allah be pleased with him), when the apostasy fitnah raised its head, he sent Khalid ibn al-Walid (may Allah be pleased with him) at the head of the army to suppress it. He was also sent as commander in the jihad in Iraq and Syria. Yet Khalid (may Allah be pleased with him) sometimes committed undesirable acts. It is said that personal inclinations and impulses sometimes influenced these actions. Nevertheless, he was not removed from the position of commander; rather, senior officials would give him a slight reprimand and let the matter pass, giving precedence to his beneficial qualities over his harmful ones.1(1. All the Companions were ***Arabic just. Their decisions might sometimes contain errors, but they were untouched by personal interests. Although Umar had removed Khalid from office, Khalid continued to fight jihad as an ordinary soldier and left an ultimate Islamic example of obedience. They possessed exemplary character. —Editor) No thought was given to appointing anyone else in his place.
Moreover, if the chief official of the state—that is, the Caliph—is less strict, then his subordinate needs to be strict. Similarly, if the chief official of the state is very strict by nature, the flexibility of his representative under him is indispensable. Before becoming Caliph, Umar (may Allah be pleased with him) favored removing the commander Khalid ibn al-Walid (may Allah be pleased with him) from his post. He wanted Abu Ubaydah ibn al-Jarrah (may Allah be pleased with him) appointed commander, because Khalid’s nature was also strict. On the other hand, strictness was inherent in the character of Umar ibn al-Khattab (may Allah be pleased with him). Abu Ubaydah was mild by nature. Abu Bakr al-Siddiq (may Allah be pleased with him) was a living embodiment of gentleness. What Abu Bakr did at that time was correct. Khalid ibn al-Walid was the head of the Islamic army during Abu Bakr’s era. During the rule of Umar ibn al-Khattab, Abu Ubaydah ibn al-Jarrah was responsible for leading the Islamic army. In this way, balance is maintained in administration. The Prophet (peace be upon him) said regarding his own person:
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“I am the Prophet of mercy; I am the Prophet of warfare.” That is, when necessary, exercising force in self-defense is also part of my mission. The Prophet (peace be upon him) said:
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“I fight with a smiling face for establishing justice and truth, while my community is moderate.” Regarding the honor of the Companions, Allah Most High said:
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“They are very stern against the disbelievers, yet compassionate toward one another. You will see them bowing and prostrating, seeking Allah’s bounty and pleasure.” (Surah al-Fath: 28)
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“Gentle with the Muslims and firm with the disbelievers—that is, those disobedient to Allah.” (Surah al-Ma’idah: 54)
That is why the authority and leadership of Abu Bakr al-Siddiq (may Allah be pleased with him) and Umar al-Faruq (may Allah be pleased with him) were complete. Their authority was exercised properly and was characterized by balance. During the era of the Prophet (peace be upon him), these two great personalities were regarded as the Prophet’s two arms. One was tender-hearted and gentle by nature, while the other was hard-hearted and stern by nature. The Prophet (peace be upon him) himself said regarding these two:
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“After me, follow Abu Bakr and Umar.”
Thus, after the Messenger of Allah (peace be upon him), Abu Bakr al-Siddiq (may Allah be pleased with him) displayed such bravery and courage in fighting the apostates that even Umar (may Allah be pleased with him) was astonished. He had never expected such a courageous role from Abu Bakr (may Allah be pleased with him). All the other Companions were likewise unaware of this quality in him. They said, “How can you fight them merely because they refuse to pay zakat?”
Therefore, if the situation requires not only honesty, piety, and trustworthiness but also firmness and strength, firm leadership should be given preference. For example, in matters concerning the protection of wealth and property, a firm-natured person is needed. This is because both strength and trustworthiness are required for collecting and safeguarding wealth and property. Therefore, the local administrator and official must be firm and strong, so that laxity in collecting revenue is not tolerated because of his strictness. Secretaries, clerks, and treasurers must be competent and trustworthy. Only through their competence and trustworthiness can wealth and property be properly safeguarded. The same situation and ruling apply to leadership and authority in the field of war. The director of military affairs should be appointed on the advice of wise and religious people. Both types of qualifications and qualities should be considered. In fact, the same perspective and ruling should be followed in all administrative authority and every form of leadership.
If the fundamental purpose and benefit of authority and leadership cannot be achieved by one individual, two, three, or more people may be assigned to the same task. However, the most qualified person should be given preference. If the work cannot be carried out by one person, multiple governors and officials may be appointed as needed, and in every circumstance the more qualified person should be given priority.
In judicial authority, it should be entrusted to the more knowledgeable, expert, God-fearing, and qualified person. If one person is more knowledgeable while another is more pious and God-fearing, it must be considered whether, in a situation of conflict, the knowledge and wisdom of the more knowledgeable person and the interests and inclinations of the more pious person might obstruct the application of the relevant ruling.
For it is narrated in a hadith that:
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“At moments of hesitation and doubt in making a decision, Allah loves the far-sighted person who investigates; and He loves the intelligence that can maintain balance when strong interest and desire arise regarding a matter.”
It is desirable, though not essential, for the qadi (judge) to have the support of the chief official in military affairs, the army commander, or the general administrative head. In appointing a judge, special education and knowledge, along with the quality of religiousness, must be given priority. If, in comparison with knowledge and religiousness, strength and capability are more necessary, then a frugal and self-reliant person should be preferred.
Some scholars and experts in Islamic knowledge were asked: “If no qualified person can be found to decide judicial cases, or if the available candidates are either a sinful scholar or an ignorant but religious person, which of the two should be preferred?” They replied that if a person has a greater tendency to distance himself from truth and the path of goodness, then, since defects in religious work would naturally arise, the religious person should be preferred. If religious work suffers because of the negligence of rulers, then the scholar should be preferred in that situation. Most scholars favored giving preference here to the religious person. For all the imam-mujtahids agree on this matter: an official or amir must be a just judge and qualified to give testimony.
There is disagreement regarding the condition of knowledge: what kind of scholar should be appointed as an official for what matter? Must that scholar be a mujtahid, or a muqallid, or should whoever is available be appointed? This has been discussed in detail elsewhere. There is little room to elaborate on it here. Nevertheless, the brief point is that, after considering the circumstances, it is permissible when necessary to appoint as a ruler or official a person who is relatively capable of performing the work. This is because special attention must also be paid to circumstances and conditions so that evil may be eliminated as far as possible. A person may be more qualified in knowledge and wisdom, yet weak in maintaining law and order in a particular area. In that case, a strong person is needed even if he is less wise.
Authority and leadership at the various levels of society exist to meet the needs of the people. It must be considered how those needs will be met. For example, poor citizens are obliged to repay the loans they have taken, but at present they should be pressed to repay only as much as they are capable of collecting. Likewise, there is an instruction to build strength for jihad and to maintain a large number of horses for this purpose—that is, to acquire military equipment. But during times of incapacity and inability, this injunction is lifted from citizens. Then whatever lies within their capacity becomes obligatory for them. Fulfilling that obligation is their duty. Hajj and other acts of worship, however, are different; this principle does not apply to them. Rather, performing Hajj and the like remains obligatory upon them.
*******Arabic
“For whoever has the ability and means to undertake Hajj.” (Surah Al Imran: 97)
It is not obligatory for a person to devote himself specifically to creating the ability and means. Hajj becomes obligatory only when the person naturally acquires the means and capability; therefore, creating the means through special measures is not obligatory.
[Four]
The Objective of State Leadership and Authority in Islam:
Implementing the teachings, laws, and regulations of the Qur’an and Sunnah
The subjects of this section are identifying the more qualified person; the purpose and objective of governing authority, recognized through the implementation of its objectives; the objective of authority, namely establishing the religion and carrying out necessary reforms; properly establishing Jumu‘ah and congregational prayer; and the religious reform of the people.
Umar ibn al-Khattab (may Allah be pleased with him) used to say, “I send rulers and administrative officials and employees to you for the purpose that they may teach you the Book of Allah, the Supreme Lord, and the example of the Prophet, and that they may keep the religion—that is, the Islamic way of life—active and enduring.”
The identity of the most qualified person will be known when the purpose of governing authority and the method of reaching its objective are known. When the objective becomes clear to you and you know the method of reaching it, then consider that you have fully understood what you must do.
When material interests prevail among kings and rulers and they abandon religion, religious education, and values, the governing authorities promote within the machinery of government those through whom their personal aims and objectives can be achieved most fully. A ruler who seeks state power for his personal interests will, in appointments and transfers, give preference to the person who helps him retain his state, authority, and position. In the political model of the Prophet (peace be upon him), we see that the officials and commanders entrusted with governing power and the conduct of war—who were representatives of the head of state and military commanders—led the Muslims in Jumu‘ah prayer and congregational prayer. They delivered valuable speeches before the people. For this reason, shortly before his death, the Messenger of Allah (peace be upon him) promoted Abu Bakr al-Siddiq (may Allah be pleased with him) to the responsibility of leading the prayer. He also kept him foremost in important responsibilities such as military leadership in the Muslim community.
Whenever the Prophet (peace be upon him) appointed someone as a commander and sent him to the battlefield, the first order in the official instruction given to him was to establish prayer. Likewise, when he sent someone as governor of a city or region, he first instructed him to perform prayer in congregation. For example, the Messenger of Allah (peace be upon him) sent Attab ibn Usayd (may Allah be pleased with him) as governor of Makkah. Similarly, he sent Uthman ibn Abi al-As (may Allah be pleased with him) as governor of Ta’if. Ali (may Allah be pleased with him) sent Muadh (may Allah be pleased with him) and Abu Musa (may Allah be pleased with him) as governors of Yemen. He sent Amr ibn Hazm (may Allah be pleased with him) as governor of Najran. As deputies or representatives of the Messenger of Allah (peace be upon him), they led the congregational prayers and established Shariah governance, including the hudud and other matters. The army commander did exactly the same. After the death of the Messenger of Allah (peace be upon him), the Caliphs who succeeded him in the Islamic state likewise carried out these state and religious responsibilities in the same manner. The Umayyad kings and, with one or two exceptions, the Abbasid rulers did the same. This was done because the most important matters in the religion of Islam are prayer and jihad.
For this reason, prayer and jihad are mentioned together in many hadiths.
When he visited a sick person, he would say—
********Arabic
“O Allah, grant Your servant recovery so that he may attend the prayer and confront Your enemies.”
*******Arabic
“O Muadh! The most important matter to me is prayer.”
Umar’s directives to regional rulers and officials:
Umar ibn al-Khattab (may Allah be pleased with him) would send official edicts to the officials and governors appointed in various areas of the Islamic state. They stated—
*******Arabic
“The most important matter for you in my view is prayer. Whoever safeguards prayer has safeguarded the religion. Whoever neglects prayer will neglect other matters even more.”
The significance of Umar’s statement is that the Messenger of Allah said:
****Arabic
“Prayer is the pillar of the religion.” When administrative officials safeguard this pillar, prayer will protect them from indecency, every reprehensible act, and corruption, and it will assist them in performing other acts of worship. (“Because ********Arabic prayer restrains one from reprehensible and undesirable acts.”)
Allah Most High said:
******Arabic
“Seek help through steadfastness and prayer, and remember that prayer is indeed burdensome, except for those who fear Allah.” (Surah al-Baqarah: 45)
********Arabic
“O Muslims, seek help through patience and prayer while remaining steadfast upon the religion at all times. Surely Allah is with those who are patient.” (Surah al-Baqarah: 153)
Allah Most High addressed the Messenger (peace be upon him), saying:
*******Arabic
“O Prophet! Enjoin prayer upon the members of your household. You too remain engaged in prayer with steadfast devotion. I do not ask you for provision; rather, I Myself provide for you. The best outcome lies in adopting a cautious life filled with taqwa, that is, fear of Allah.” (Surah Ta-Ha: 132)
*******Arabic
“I created jinn and humankind solely to worship Me—that is, to offer absolute obedience and servitude. I seek no provision from them, nor do I ask them to feed Me. Surely Allah Himself is the Greatest Provider, the Possessor of tremendous strength.” (Surah al-Dhariyat: 56–58)
Thus it is understood that the fundamental objective of authority and leadership is to serve people and reform them. If people abandon the religion, they will face severe misfortune, and the worldly blessings, facilities, and pleasures granted to them will never benefit them. The religious benefit that would have been achieved for them through those worldly activities will not be achieved.
The worldly means through which people can attain religious benefit are of two kinds. First, delivering wealth to its rightful owners. Second, punishing the person who acquires wealth through excess and injustice. Therefore, know that whoever does not transgress or commit excess has become accustomed to working for his religion. For this reason, the second Caliph, Umar (may Allah be pleased with him), used to say:
*****Arabic
“O people, I send my officials and governors to you so that they may teach you the Book of your Lord and the example of the Prophet, and establish the religion among you.”
Since corruption has now affected both rulers and subjects, causing corruption in the activities of every sphere, reform has consequently become a difficult matter indeed. Therefore, those who work through every possible means for the welfare of the people in both their religious and worldly lives will be regarded as the finest people of their age and the best mujahids. As the Messenger of Allah (peace be upon him) said—
******Arabic
“One day of a just imam or leader is better than sixty years of worship.”
A hadith narrated from the Messenger of Allah (peace be upon him) in Imam Ahmad’s Musnad states that he said—
******Arabic
“Among people, the person most beloved to Allah is the just leader, while the person most subject to Allah’s wrath is the tyrannical leader.”
It is narrated in Sahih al-Bukhari and Sahih Muslim by Abu Hurayrah (may Allah be pleased with him) that the Messenger of Allah (peace be upon him) said—
***********Arabic
“On the Day when there will be no shade other than Allah’s shade, Allah Most High will shelter seven categories of people beneath the shade of His mercy: (1) a just leader; (2) a devout young person; (3) a person whose heart remains occupied with the thought of when he will return to the mosque after leaving it following prayer; (4) two people whose friendship is solely for Allah—on that basis they meet, and on that same basis they separate; (5) a person who remembers Allah privately, unseen by others, and whose eyes shed tears; (6) a person whom a noble and beautiful woman invites to commit an immoral act, but who replies, ‘I fear Allah, the Lord of the worlds’; and (7) a person who gives charity so secretly that when he spends with his right hand, his left hand does not know.” (Bukhari and Muslim)
It is narrated in Sahih Muslim Sharif by Hayyad ibn Hammad (may Allah have mercy on him) that the Messenger of Allah (peace be upon him) said—
*********Arabic
“There are three types of people who will enter Paradise: (1) a just ruler and head of state or government; (2) a compassionate person whose heart melts with sympathy for relatives and Muslims; and (3) a wealthy person who is virtuous and generous.”
A hadith in the Sunan of the Messenger of Allah (peace be upon him) states—
********Arabic
“A person who sincerely strives in charitable works is like a mujahid in the path of Allah. However, charity must not be given for show.”
Allah Most High commanded jihad against the terrorist and aggressive forces that champion oppression and injustice, saying— ********Arabic
“Continue fighting until fitnah and disorder (against the peace-loving people of society) come to an end and only Allah’s religion becomes dominant (in society), (uniting against those forces hostile to humanity and using every possible means).” (Surah al-Baqarah: 193)
Once it was submitted to the Messenger of Allah (peace be upon him), “O Messenger of Allah! Sometimes people fight to display their own bravery; at other times, the motivation to establish their self-respect inspires them to fight; and sometimes the desire to show off is also active behind their fighting. Which of these should be called ‘jihad in the path of Allah’?” The Messenger of Allah (peace be upon him) said—
********Arabic
“The person who fights to uphold the word of Allah—that is ‘jihad fi sabilillah,’ or jihad in the path of Allah.” (This hadith is narrated in Bukhari and Muslim.)
Thus it is understood that the principal objective of jihad is to establish everywhere the just, class-free order prescribed by Allah, to establish the supremacy of His religion, and to exalt His word. *****Arabic That is, the expression “the word of Allah” has a broad meaning. It also refers to Allah’s Book of commandments, the Kalamullah.
In this regard, Allah Most High has said—
********Arabic
“We sent Our messengers with clear proofs, and We sent down with them the Book and the Balance (the scale of justice), so that they might establish justice (of Islam).” (Surah al-Hadid: 25)
The purpose of sending various prophets and Books was that people might establish Allah’s rights and the rights of His servants with fairness and justice.
Thereafter Allah Most High says—
********Arabic
“And We created iron, in which there is great strength and terrible force, and in which there are benefits for mankind; and so that Allah may make evident those who help Him and His messengers through it.” (Surah al-Hadid: 25)
Therefore, when a person abandons the injunctions and principles of Allah’s Book and follows a different ideology and set of principles, Allah’s intention is that, when resistance arises, he should be turned away from the wrong path, even by means of weapons made from iron. For the establishment, strength, and continuity of the religion depend, in certain circumstances, upon Allah’s Book and also upon the sword, the symbol of power. It is narrated by Jabir ibn Abdullah (may Allah be pleased with him) that the Prophet (peace be upon him) instructed us ******Arabic, meaning: “We should strike with the sword, or with a suitable weapon, the person who advances to turn away from the Qur’an and annihilate its followers.”
Therefore, when this is the objective, it is desirable to achieve it by the method of ‘aqrab fa’l-aqrab’ (the nearer, then the nearest). In matters of authority and leadership, choose two persons and determine which of them is closer to the objective. Appoint as officer or ruler the one who is superior in qualification for achieving the objective.
Who should be given priority in the matter of leadership? The statement of the Messenger of Allah (peace be upon him) on this subject is particularly noteworthy. The Messenger of Allah (peace be upon him) said— ********Arabic
“In an Islamic state and society, the imamate or leadership of the nation should be entrusted to the person who has read more of the Book of Allah’s law and understands its meaning best. If several persons are equal in qualification, preference should be given to the one who is especially knowledgeable about the Sunnah, principles, and ideals of the Prophet. If they are still equal, preference in leadership should be given to the one who was foremost in migrating. If they are also equal in their qualification for migration, the older of them should be appointed leader. No other person should lead within his sphere of influence, nor sit in his seat of honor without his permission.” (Muslim)
If several people are equally qualified and it cannot be determined who is more qualified, the leader should be selected by ‘qura’ or drawing lots, as Sa‘d ibn Abi Waqqas (may Allah be pleased with him) did in the Battle of Qadisiyyah. A major dispute arose in the army over who would give the call to prayer. It nearly led to a confrontation. Everyone was saying, ‘I will give the adhan.’ Many put forward arguments for why they deserved priority. At that time, the following instruction of the Messenger of Allah (peace be upon him) was followed.
*******Arabic
“If, because people understand the importance of the reward for the adhan and the front rows in prayer, drawing lots becomes necessary, then they should do so.”
[Five]
Wealth and Property, Loans, Partnership Arrangements, and Mudarabah
Settling lawsuits and other matters according to the method prescribed by Allah
Another category of public trusts consists of wealth and property; specific and general loans; trusteeship; partnership arrangements; tawakkul; mudarabah; the property of orphans; waqf; and so forth. Giving charity to the poor, needy, and destitute; collectors; employees; the mu’allafat al-qulub; freeing slaves; providing financial assistance to debtors; and giving charity in the path of Allah are among the subjects discussed in this chapter.
The second type of trust is related to wealth and property. Regarding loans or debts, Allah says—
******Arabic
“If one of you entrusts another, then let the one entrusted discharge what was entrusted to him, and let him fear Allah, his Lord.” (Surah al-Baqarah: 283)
The matters included in this type of trust are capital, specific and general loans, such as deposited property; partners in a joint venture; the principal; the mudarib; the property of orphans; waqf property; payment for purchased goods; debts; women’s dowries; wages from profits; and so forth.
Regarding this, Allah Most High says—
********Arabic
“Man was created impatient. When harm touches him, he is distressed, and when prosperity touches him, he becomes miserly—except those who pray, who remain constant in their prayer, whose wealth contains an appointed right for both the beggar and the deprived, … and those who faithfully preserve their trusts and their covenants.” (Surah al-Ma‘arij: 19–32)
He also said—
*********Arabic
“O Prophet! We have sent down the Book to you in truth, so that you may judge between people in accordance with what Allah has shown you. Do not be an advocate for the treacherous.” (Surah al-Nisa: 105)
The Messenger of Allah (peace be upon him) said—
*******Arabic
“Give in full to the person who entrusted something to you. If someone betrays and deceives you, do not deceive him in return.”
The Prophet (peace be upon him) said—
********Arabic
“The believer is the one whom Muslims consider trustworthy regarding the safety of their lives and property. The true Muslim is the one from whose hand and tongue other Muslims remain safe. The true emigrant is the one who distances himself from what Allah has forbidden. Likewise, the true mujahid is the one who struggles against his own self for the sake of Allah.”
This is a sahih hadith. Parts of it are mentioned in Bukhari and Muslim, and some portions are also mentioned in Tirmidhi Sharif.
The Messenger of Allah (peace be upon him) further said—
********Arabic
“Whoever takes people’s property intending to return it, Allah will arrange for him to repay it. But whoever takes another person’s wealth intending to appropriate it entirely, Allah Most High will destroy him.” (Bukhari)
Allah has made the repayment of every trust obligatory. Whether it involves breach of trust, plunder, robbery, theft, or deception, one has been warned to restore what was taken. Likewise, it is obligatory to return money, property, and goods received as a loan or advance.
The Messenger of Allah (peace be upon him) said about this in his Farewell Hajj sermon—
*********Arabic
“Goods taken on loan must be returned; the young camel must be given to the person for whom it was designated. A debt must certainly be repaid. The duty assigned to a leader must be fulfilled by him. Surely Allah Most High has given every rightful person his due. Therefore, there is no bequest for an heir.”
The chief ruler of the country, regional rulers, administrative officials, and all members of the public are included in this category. It is obligatory for both rulers and subjects to properly fulfill the responsibilities placed upon them toward one another. The head of state, his successor or appointee, and the people must not be neglected in being given their rightful rights. The rightful person must be given his due. They are required to deliver the rightful rights in full, not partially. Likewise, it is obligatory to discharge the rights of the people and the state entrusted to them. It is not lawful to make unauthorized or unjust demands upon the state. If anyone makes an unjust demand and thereby endangers public peace, order, and security, the meaning of the following verse applies to them, as follows—
***********Arabic
“O Prophet! Among them are those who criticize you regarding the distribution of charity. When they are given some of it, they are pleased, but when they are not given any, they immediately become resentful. If only they had been pleased with what Allah and His Messenger gave them and had said, ‘Allah is sufficient for us; what does it matter if He has not given us now? Allah and His Messenger will grant us of His bounty in the future. We are connected with Allah alone’—that would have been the proper statement for them. Charity is only for the poor, the needy, those employed to collect it, those whose hearts are to be reconciled, for freeing slaves, relieving debtors, in the path of Allah, and for the stranded traveler. These are the categories prescribed by Allah for the distribution of charity. Allah is All-Knowing, All-Wise.” (Surah al-Tawbah: 58–60)
The people have no right to withhold the rights that the state has over them. Even if the ruler is oppressive, they must provide whatever is due for the interests of the state. The Prophet (peace be upon him) said the following on this matter precisely when allegations of oppression and persecution were raised against various regional rulers of the state—
********Arabic
“Discharge the rights and obligations that they have over you, for Allah Most High will question them about the rights of the people.”
A hadith of the Prophet (peace be upon him), narrated by Abu Hurayrah (may Allah be pleased with him), states—
*********Arabic
“The prophets governed the Children of Israel. Whenever one of their prophets died, they appointed another prophet as his khalifah, or successor. But after me there will be no prophet or messenger, nor will one come. However, there will be many caliphs.” The Companions asked, “O Messenger of Allah! What do you instruct us to do at that time?” The Messenger (peace be upon him) said, “You must obey them with complete loyalty. Fulfill properly your duty of allegiance to the first person who is appointed, then to the one appointed after him. Thereafter, give them the rights that are incumbent upon you. Allah will call the rulers to account for the rights of the people.” (Sahih Bukhari and Sahih Muslim)
In another hadith narrated by Ibn Mas‘ud (may Allah be pleased with him) in Sahih Bukhari and Sahih Muslim, the Messenger of Allah (peace be upon him) said—
*********Arabic
“After me you will see great wealth and prosperity, and you will see and hear things that you will dislike.” The noble Companions asked, “O Messenger of Allah, tell us what we should do at such a time.” The Messenger (peace be upon him) said—
**********Arabic
“You must discharge the rights and obligations that others have over you, whether public or private, and ask Allah for your own rights.”
Those entrusted with the public treasury have no right to distribute funds arbitrarily through abuse of power. They must not regard the state’s wealth and property as their personal wealth and property. They must not spend public funds as they please. For the person entrusted with the public treasury is not an owner, but merely a trustee; he may not act arbitrarily with it through abuse of power. The Prophet (peace be upon him) said—
********Arabic
“By Allah, I neither give anything to anyone unjustly, nor take or withhold anyone’s property unjustly. I distribute wealth among the people exactly as I have been commanded.” (Bukhari)
It is worth noting that the Prophet (peace be upon him) was the Messenger of Rabb al-‘Alamin, the Lord of the worlds. He said that, regarding whether or not something should be given to someone, even his own wish had no value. He had no authority to spend public wealth as he pleased, like an owner, in its distribution. Worldly rulers and senior officials often practice nepotism completely unjustly and spend state wealth among their own people. They deprive many rightful persons simply because those people are not included among their favorites. The Messenger of Allah (peace be upon him) was Allah’s beloved servant. He spent it only where Allah commanded it to be spent.
Umar ibn al-Khattab (may Allah be pleased with him) followed the same principle regarding state wealth. Once, several people came to him and said, “You need somewhat greater financial comfort. It would be better if you took a little more money from the Bayt al-Mal.” Umar (may Allah be pleased with him) said, “You do not understand the relationship between me and the people. Consider the example of some people traveling together. They entrusted all their belongings and wealth to one of them and said, ‘Spend this money and property for us when we need it.’ In such a situation, would it be lawful for the trustee to spend some of that wealth and use it however he wished?”
Once a large amount of khumus (one-fifth of the spoils) came to Umar (may Allah be pleased with him). Seeing it, he said, “The people have done well by delivering their trusts.” One or two people present said, “You spend the entrusted funds properly, according to Allah’s command. That is why the people also regularly bring their trusts (zakat, ‘ushr, taxes, and other dues owed to the state) and deposit them with you. If you had dealt dishonestly with them, they would have done the same.”
The people should know what is meant by ‘ulil amr,’ or leader. They must also be aware of his rights and status. A leader is somewhat like a marketplace: in the market, you receive as much merchandise as the value you pay. Therefore Umar ibn Abd al-Aziz (may Allah have mercy on him) used to say, “If you are truthful, just, and demonstrate trustworthiness, you too will receive the same reward in return. Conversely, if you display falsehood, injustice, oppression, and treachery, you will receive the same treatment in return.”
Therefore, it is obligatory upon the chief ruler of the country and the other officials under him to collect the state’s revenue through justice and spend it properly wherever spending it is appropriate, without depriving anyone entitled to it.
Once a complaint reached Ali (may Allah be pleased with him) that some of his naibs (representatives) were oppressing the people. He then sought Allah’s forgiveness and exclaimed—
********Arabic
“O Allah! I did not instruct them to oppress and persecute the people or to abandon Your rights.”
[Six]
Three Types of State Property
The subjects of this chapter are: (1) spoils of war (that is, property abandoned by the enemy on the battlefield); (2) charity; and (3) fay’ property. Five additional things were given to the Prophet (peace be upon him) in comparison with all other prophets.
It is because of the laboring weak that you who are strong obtain food and other assistance. Spoils will be distributed among the ghanim recipients (those who acquire spoils). The Banu Umayyah and the Banu Abbas did the same.
The state property mentioned in the Qur’an and hadith is of three types: (1) spoils of war; (2) charity and zakat; and (3) fay’ property. Property acquired after fighting the unbelievers is called spoils of war. Allah Most High mentioned spoils of war in Surah al-Anfal of the Noble Qur’an. This surah was revealed at the time of the Battle of Badr. The word ‘Anfal’ is the plural of ‘nafl.’ Nafl means additional; the surah was named ‘Anfal’ because the Muslims’ wealth was increasing. For example, Allah says—
*********Arabic
“O Prophet! The Muslim soldiers ask you about the rules governing the distribution of the spoils. Tell them that the spoils belong to Allah and His Messenger.” (Surah al-Anfal: 1)
********Arabic
And know that whatever spoils you acquire, one-fifth belongs to Allah and His Messenger, and to the near relatives of the Messenger, the orphans, the needy beggars, and the destitute travelers.” (Surah al-Anfal: 41)
He also said:
*******Arabic
“Eat of the spoils that have come into your possession as lawful and pure, and fear Allah. Allah is Forgiving and Merciful.” (Surah al-Anfal: 69)
It is narrated in Sahih Bukhari and Sahih Muslim by Jabir ibn Abdullah (RA) that the Noble Prophet (SA) said:
******Arabic
“I have been granted five things that were not granted to any prophet before me. (1) I have been granted victory through the terror of my person being cast into the hearts of enemies a month’s journey away. (2) The entire earth has been made a mosque for me, and its soil a means of purification. Therefore, whenever the time for prayer arrives during the lifetime of anyone from my community, let him perform the prayer. (3) Spoils of war—that is, property abandoned on the battlefield—have been made lawful for me. They were not lawful for anyone before me. (4) I have been granted the right of intercession. (5) Before me, prophets and messengers were sent to their respective peoples, whereas I have been sent for all humanity.”
The Noble Prophet (SA) also said:
**********Arabic
‘I have been sent with the sword in anticipation of the Day of Judgment, so that people may worship Allah alone, without associating any partner with Him. My provision has been placed beneath the shade of my spear. Disgrace and humiliation await whoever opposes me. Whoever adopts the religious likeness of another people will be counted among them.’ (Musnad Ahmad)
Therefore, one-fifth is obligatory regarding spoils of war. Separate this portion and spend it according to Allah’s command. Distribute the remaining spoils among those who acquired them. Hazrat Umar al-Faruq (RA) said: “Those who participate in jihad are entitled to the spoils, whether they fight or not. When distributing the spoils, do not consider anyone’s rank, authority, or leadership. Do not show weakness before lineage or aristocracy either. Distribute this property with complete justice and fairness. What did the Noble Prophet (SA) and his caliphs do? It is recorded in Sahih Bukhari that Hazrat Sa’d ibn Abi Waqqas (RA) considered himself superior to others. For example, Allah’s Messenger (SA) said:
************Arabic
“Your victory and provision are granted to you through the means of your weak.”
It is narrated in the hadith collection Musnad Ahmad by Sa’d ibn Abi Waqqas (RA). He said: I submitted to the Messenger of Allah, “O Messenger of Allah! A man is fighting to preserve the honor and leadership of his people. Should his share be equal to that of others?” The Prophet (SA) said:
*********Arabic
“O Ibn Umm Sa’d! It would be better for you to die. Are you not granted provision and victory through the means of your weak?”
During the rule of the Umayyads and the Abbasids, the spoils were distributed among those who had acquired them. At that time, the Muslims were engaged in jihad against the Romans, Turks, and Berbers. If someone performed a daring act in jihad or undertook an important expedition—such as capturing a fort and thereby opening the way to victory, attacking and defeating the enemy commander, or performing a similar deed—he could be given a nafl, or additional reward. For the Messenger of Allah (SA) and his caliphs themselves used to give nafl. For example, in the Battle of Badhaya, the Messenger of Allah (SA) gave an additional quarter besides the khumus (one-fifth). Likewise, in the Expedition of Rajfa, he gave an additional third beyond the khumus. The eminent scholars differ on this matter. Some hold that the nafl and additional reward should be given from the khumus fund. Others hold that it should be given from one-fifth of the khumus, so that no participant in the battle appears to have superiority over another.
The correct view is that the nafl and additional spoils should be granted from one-quarter of the khumus; thus, superiority over another may indeed be established. However, such a nafl must be granted for a religious interest; personal whim or selfishness has no place in it. The Noble Prophet (SA) granted nafl several times for this very purpose. This is the view of the Syrian jurists, Imam Abu Hanifa, Imam Ahmad, and others. On the basis of this view, it has been said that one-quarter and one-third may be given unconditionally. If more than that is to be given, conditions must be imposed. For example, the leader or commander of the army may say, “This will be given to whoever destroys such-and-such a fort,” or “to whoever kills such-and-such a member of the enemy.” Some hold that a nafl should not exceed one-third, though it may be given conditionally. These are the views of Imam Ahmad and others.
According to the sounder report, it is permissible for the leader to say, “Whatever a person has taken belongs to him.” The Noble Prophet (SA) said this at the Battle of Badr. However, this may be said only when the benefit is greater and discontent is lesser.
An imam or leader has no right to commit any kind of injustice, deception, excess, or damage to the property. If anyone does so, he will have to answer to Allah for it on the Day of Judgment. For such an act is also treachery. Plundering the spoils is likewise impermissible. The Messenger of Allah (SA) forbade Muslims from looting and carrying away spoils according to their personal whims.
If, before the spoils are distributed, the leader gives general permission, saying, “Whatever each of you has taken belongs to him,” this will be permissible and lawful only if it occurs after the khumus has been paid. No specific word or phrase is required for permission. Permission from the leader or imam is sufficient, in whatever form it is given. However, where no general permission has been granted, if someone takes something, he must act with such a sense of justice that he may take only the amount of property that would have come to his share had permission been granted.
If the imam stops collecting the spoils and the situation is such that he may decide as he wishes, then, when two conflicting opinions arise, he should reject both and adopt the middle course. For the path of Allah’s religion is the middle course. The just method of distributing property is that one share goes to a foot soldier, while three shares go to a cavalryman who has an Arabian horse: one share for him and two for the horse. The Noble Prophet (SA) did this at the Battle of Khaybar.
Some jurists hold that a mounted soldier should receive two shares: one for himself and one for his horse. But the first view is correct. Authentic hadith also supports it, because a horse is accompanied by its groom and others. Thus, the horse requires greater support. Compared with a foot soldier, greater benefit is achieved through the groom or mounted soldier.
Some jurists hold that Arabian horses and hajin horses should receive equal shares. Others hold that an Arabian horse should receive two shares and a hajin horse one share. This has been narrated from the Messenger of Allah (SA) and the noble Companions. A hajin is a horse whose mother is a Nabataean mare; it is also called a birzawn or bastari. A castrated and an uncastrated horse have the same ruling. Earlier people attached comparatively greater importance to a male horse that had not been used for breeding with a mare, because such a horse is stronger and faster.
If property belonging to a Muslim is found among the spoils—whether it is land or movable property—and this was known to others before the distribution, it must be returned to him. This is the unanimous decision of the Muslim community.
There are many rules and regulations concerning spoils and their distribution. The early generations left many statements and examples on this subject. There is little room here to discuss which matters are unanimously agreed upon and which are disputed. Only a few basic points have been presented here.
[Seven]
The Categories of Zakat
Zakat shall be distributed among eight categories of people
Sadaqah and zakat are for those whom Allah Most High has mentioned in verse 60 of Surah al-Tawbah of the Noble Qur’an. When a man came to the Messenger of Allah (SA) asking for zakat, he said:
*******Arabic
“In distributing sadaqah and zakat, Allah Most High Himself has divided it among eight categories of people, without leaving it to the wishes of any prophet or anyone else. If you belong to one of those eight categories, I will give you some as well.”
(1–2) *****Arabic—The poor and the needy: They will be given according to their needs. Sadaqah and zakat are not permissible for a rich and wealthy person. Nor are sadaqah and zakat permissible for a healthy, able-bodied person who can work and earn a living. (This is the personal view of Imam Ibn Taymiyyah.)
(3) ******Arabic—Those who collect sadaqah and zakat: All those who collect and safeguard them, as well as those who write and perform other related duties, are included among them.
(4) ********Arabic: For those whose hearts need to be attracted for the sake of the religion. I mentioned this in the discussion of fay’ property.
(5) ****Arabic: Emancipating slaves and spending sadaqah and zakat funds to free prisoners. This is the stronger opinion.
(6) ******Arabic: Debtors. Indebted persons are called gharimin—those who have incurred debts and become unable to repay them on time. They will be given enough to enable them to repay their debts. If someone becomes indebted because of disobedience to Allah, he will not be given spoils until he repents and refrains from that conduct.
(7) *****Arabic: A person devoted to the path of Allah. This includes those fighters who have not received enough from Allah’s property to meet their needs. Those capable of going to war will be given enough to participate in battle, or to spend fully on war equipment and pay the wages of those employed. Hajj is also included under fi sabilillah. The statement of the Messenger (SA) supports this.
(8) *****Arabic: Ibn al-Sabil. The destitute traveler who is on a journey.
[Eight]
Discussion of Spoils
and the Matter of Illegal Commissions for Officials
What is mal-e-fay’? What are its expenditure categories? There was no formal treasury or finance department during the era of the Noble Prophet, nor during the era of Hazrat Abu Bakr al-Siddiq (RA). During the era of Hazrat Umar, when various countries were conquered and immense wealth began arriving as spoils, he ordered that a diwan (administrative office) be established for this purpose. Bribery and illicit payments are completely haram. Anything given to officials in the guise of a gift with the intention of securing an official outcome is also considered bribery.
The following verses of Surah al-Hashr are the basis concerning fay’. These verses were revealed during the campaign against Banu Nadir, which took place after the Battle of Badr. Allah Most High says:
*****************Arabic
“You did not spur horses or camels to fight for what Allah granted His Messenger from them without battle; rather, Allah gives His messengers authority over whomever He wills. Allah has power over all things. Whatever Allah has given His Messenger from the people of those townships belongs to Allah, the Messenger, the near relatives of the Messenger, the orphans, the needy, and the destitute travelers. [This ruling was given] so that wealth may not circulate only among the rich among you. (O believers!) Take whatever the Messenger gives you and abstain from whatever he forbids you. Fear Allah, for Allah is severe in punishment. [Among the property acquired without battle, alongside the rights of other beneficiaries,] there is also a share for the needy emigrants who, seeking Allah’s grace and pleasure, were expelled from their homes and possessions because of the oppression and persecution of the unbelievers, and who now stand firm with the help of Allah and His Messenger. These are the truly sincere Muslims. Yes, those who previously lived in Madinah and embraced Islam also have a right to the property acquired without battle. They love those who have emigrated to them. They harbor no desire in their hearts for whatever is given to the emigrants from the spoils. Despite their own need, they give preference to the emigrants over themselves. Those who protect themselves from their own avarice are successful. And those who emigrated after the first emigrants also have a right to it, and they pray to Allah, saying—
“Our Lord! Forgive us and our brothers who believed before us, and do not place in our hearts any rancor toward those who believed before us. (Grant us the ability to do so.) Our Lord! You are Most Kind, Most Merciful.” (Surah al-Hashr: 6–10)
In these verses, Allah Most High has also mentioned the emigrants, the Ansar, and those who would later possess these qualities and characteristics. Therefore, every person possessing such characteristics is included in the third category, and this ruling will remain in force until the Day of Judgment.
*********Arabic
“Those who believed afterward, emigrated, and joined you in jihad—they are indeed part of you.” (Surah al-Anfal: 75)
They are also mentioned in this statement of Allah:
********Arabic
“And those who followed them with devotion.” (Surah al-Tawbah: 100)
They are similarly mentioned in this verse:
***********Arabic
“And those who have not yet joined them but will ultimately join them. Allah is Almighty, All-Wise.” (Surah al-Jumu’ah: 3)
******Arabic, meaning that you did not rush about or exert yourself by taking camels for jihad—you did not have to drive them for the purpose of jihad. Islamic jurists have said, based on this meaning, that “property acquired without fighting or warfare against unbelievers is called mal-e-fay’. ****Arabic is derived from ****Arabic. Ijaf means warfare and combat. *****Arabic means horses and camels—that is, you did not have to drive them and engage in battle.”
This kind of property is called fay’ because Allah Most High brought it to the Muslims from the unbelievers without battle.
The essential point is that Allah Most High has given wealth so that it may assist people in worship. Needless to say, the fundamental purpose of human creation is to worship Allah and submit to Him in complete servitude and obedience. Since the unbelievers do not worship Allah and do not spend their wealth in His worship, this property of those who obstruct the path of truth has been made lawful and permissible for Muslims, so that through it they may gain strength and worship. For Muslims worship Allah alone.
Thus, mal-e-fay’ has been given to those who were entitled to it. This is like returning a person’s rightful inheritance when it has been seized, if it had previously been under another’s control. Or it is like the jizyah taken from Jews and Christians, or property used to make peace with an enemy, or wealth received by the head of state as a gift from non-Muslims. It may also be compared to the property spent on provisions for mounts and other necessities while passing through a Christian township or another town. In short, mal-e-fay’ has been made lawful and permissible for Muslims so that they may gain strength through it and be able to worship Allah.
Whatever is taken from the merchants and traders of the opposing side is one-tenth of their total property, namely the ushr. If these merchants and traders are protected non-Muslims and leave their own territory to trade in another’s territory, half of the ushr, namely one-twentieth, will be taken from them. The second caliph, Umar ibn al-Khattab (RA), used to do this.
Money taken as a penalty from those who violate treaties is also included in this category. Kharaj revenue is likewise included, although it was imposed on unbelievers and part of it may also be imposed on a Muslim.1 (1. This is illustrated as follows: a piece of land was originally held by an unbeliever, but has now come into Muslim hands. Since its basis is kharaj land, the same kharaj will be imposed on the Muslim as had been determined for the original land.)
Afterward, every kind of property will be collected together with mal-e-fay’. All government property will be deposited in the Muslims’ Bayt al-Mal. For example, property without an heir: perhaps a Muslim has died without an heir, or there is seized property, or property held in custody or entrusted property whose owners are missing. This property may be land or immovable property. Along with other property of this kind, all of it is the property of the Muslims and will be deposited in the state treasury, the Bayt al-Mal.
The Noble Qur’an mentions only mal-e-fay’; it does not mention other property. This is because those who died during the era of the Noble Prophet (SA) had heirs, and the lineages of the noble Companions were known.1 (1. Moreover, Islam’s sphere of influence was confined to Arabia, and everyone knew the lineages of the Arabs. Therefore, only one category of property was mentioned; the Noble Qur’an speaks only of fay’. Once, when a man from a tribe died, the Noble Prophet (SA) handed his abandoned property over to the chief of the relevant tribe. That chief was, in terms of lineage, a close relative of the deceased’s grandfather. This is the view of a group of eminent scholars, including Imam Ahmad. Imam Ahmad explained it as follows: if a person dies without an heir, his inheritance should be given to his emancipated slave. A large group of Imam Ahmad’s disciples follows this opinion.
If a person dies without an heir, his abandoned property should be distributed among the people of the area concerned. The practice followed by the Noble Prophet (SA) and the Rightly Guided Caliphs was that the slightest proof of a relationship between the deceased and those claiming inheritance was sufficient.
The property regularly collected from Muslims was zakat. Nothing else was collected from them besides zakat. The Messenger of Allah (SA) used to say that a Muslim must participate in jihad in the path of Allah with his life and property and must obey Allah’s commands.
During the era of the Noble Prophet (peace be upon him) and Hazrat Abu Bakr (may Allah be pleased with him), there was no comprehensive diwan or office for distributing the acquired wealth. Rather, it was distributed among the Muslims in a just manner. During the era of Hazrat Umar ibn al-Khattab (may Allah be pleased with him), both wealth and the extent of governance expanded. At that time, diwans and offices were established for warriors, mujahideen, and those receiving stipends. Umar (may Allah be pleased with him) himself established these diwans and offices. The names and addresses of the mujahideen and regular army personnel were recorded therein. These diwans and offices were an extremely important and distinguished institution for the Muslims. Separate offices were maintained for the kharaj and fay received from various cities and settlements.
During the Faruqi era and before it, wealth received at the governmental level was divided into three categories. The Imam and Amir had authority over one category of wealth. He was regarded as its owner. The Book of Allah, the Sunnah, and the consensus of the Muslim Ummah establish this. There is another type of wealth which it is unlawful for the Imam and Amir to accept. For example, if someone is killed because of involvement in a crime, his property must be collected for the Bayt al-Mal from another settlement, whether or not he has heirs, and whether or not he has been subjected to a hadd or a Shariah punishment.
There is another category of wealth concerning which there is scope for ijtihad, or the exercise of judgment. The eminent scholars differ on this matter. For example, a person dies leaving property and has close relatives, but has no heir among the fixed-share heirs, the residuaries, or anyone of a comparable rank. The scholars differ in their opinions and methods regarding which procedure should be followed in such a case.
Most people suffer under oppression and persecution. Rulers and senior government officials pay no regard to what is halal and haram. They collect taxes from the people. At times, the people also refrain from fulfilling their duties, thereby blocking the accumulation of wealth in the Bayt al-Mal. As a result, the army and those engaged in agriculture suffer oppression. Or the people abandon the obligation of jihad. On the other hand, the heads of state deposit money in the Bayt al-Mal, but pay no regard whatsoever to what is halal and haram. They punish the people for failing to pay government funds, abandon permissible and obligatory duties, and engage in activities that are in no way halal or permissible for those who administer the state. The essential point is that if someone possesses wealth which he is obligated to deposit in the state treasury, but fails to pay it despite having the means, he must be punished. Examples of such wealth include entrusted property; wealth from mudarabah, or business and agricultural assets held on a profit-sharing basis; the property of orphans; waqf property; and the assets of the Bayt al-Mal. If a debtor fails to repay a debt despite having the means, his property must be confiscated through punishment. Alternatively, he may indicate where the property is located. Once it is established beyond doubt that he possesses the property, he should be arrested and detained until he reveals its location. There is no need to beat him merely for this. However, he may be beaten to make him disclose the property or repay the debt, so that he fulfills the right of the rightful claimant or makes its fulfillment possible. The same ruling applies to nafaqat al-wajibah, meaning obligatory maintenance, if the defendant fails to provide maintenance despite being able to do so. Urwah ibn Shurayd narrated from his father that the Noble Prophet (peace be upon him) said to me:
Arabic
“It is lawful to seize the property of a person who, despite having the means, fails to pay what he owes, and to punish him.”
It is recorded in Sahih al-Bukhari and Sahih Muslim:
“A wealthy person who withholds what is due is an oppressor.”
Delaying the payment of a rightful claimant’s due is tantamount to withholding the right and is oppression. An oppressor is certainly a punishable offender. It is universally accepted that one who engages in haram or abandons an obligation is punishable. Therefore, if the Shariah has not prescribed a specific punishment, the ulul amr, or leader, will resort to ijtihad in this matter. He will punish the wealthy person who withholds what is due. Whoever stubbornly refuses to pay may be subjected to physical punishment so that he is compelled to pay. The jurists have expressed a clear view on this matter. The disciples of Imam Malik, as well as Imam al-Shafi’i and Imam Ahmad, have provided comprehensive rulings on it. There is no disagreement about this. It is a universally accepted matter.
Imam al-Bukhari records a narration from Ibn Umar in Sahih al-Bukhari. Ibn Umar (may Allah be pleased with him) said that when the Messenger of Allah (peace be upon him) made a treaty with the Jews of Khaybar in exchange for their grain, silver, and weapons, some Jews asked the Messenger of Allah (peace be upon him) about the treasury of Huyayy ibn Akhtab. The Prophet (peace be upon him) said:
“That wealth has been spent, and the war has taken everything away.”
The Jewish leader Sa’d, the uncle of Huyayy ibn Akhtab, said to the Messenger (peace be upon him), “You have only just made a treaty with us, and according to the treaty the amount of this wealth is very large.” The Messenger of Allah (peace be upon him) sent Sa’d to Hazrat al-Zubayr, who punished him. The narrator said, “I saw Huyayy ibn Akhtab wandering through a barren land.” The people then went there and searched everything thoroughly. They brought out many water-skins from that barren land. It should be noted that this man was a dhimmi, and a dhimmi may not be punished without committing an offense. This punishment is prescribed for those who are guilty of concealing essential property. Thus, he was punishable for abandoning an obligation.
It is obligatory upon just leadership to confiscate the wealth that finance-department officials and employees collect unlawfully from the Muslim public. Under the names of gifts, presents, ceremonial offerings, and gratuities, such officials had appropriated the people’s wealth by abusing their authority during their respective administrations. Hazrat Abu Sa’id al-Khudri (may Allah be pleased with him) said:
Here, gifts and gratuities refer to public wealth forcibly collected unlawfully by a class of government officials.
Ibrahim al-Harbi (may Allah have mercy on him) narrates from Ibn Abbas (may Allah be pleased with him) in his book Kitab al-Hidayah:
Arabic
“The Messenger of Allah (peace be upon him) said that gifts and presents given to rulers constitute betrayal of a trust and the forcible collection of public wealth.”
It is narrated in Sahih al-Bukhari and Sahih Muslim by Abu Humayd al-Sa’idi (may Allah have mercy on him) that the Messenger of Allah (peace be upon him) appointed a man named Ibn al-Lutbiyyah from the Azd tribe as a zakat collector. He came, placed the zakat wealth before the Prophet, and said, “This is for you, and these are mine, which people have given me as gifts.” The Messenger of Allah (peace be upon him) said:
Arabic
“What is the matter with this man? We appointed him to a task which Allah has entrusted to us. Now he says, ‘This is yours, and that was given to me as a gift.’ Why does he not sit in his parents’ house and see whether gifts and presents come to him? By the One in whose mighty hand is my soul, whatever that man takes will be carried upon his neck on the Day of Resurrection. If it is a camel, it will cry out and foam will come from its mouth; if it is a cow, it will moo; and if it is a sheep, it will bleat. Then the Messenger of Allah (peace be upon him) raised his arms so high that we could see his armpits. He said three times, ‘O Allah, have I conveyed the message? I have conveyed it.’” (Bukhari and Muslim)
The meaning conveyed by this hadith also applies to those ulul amr, or regional administrative officials, at various levels of society who assist people in their affairs in exchange for bribes, gifts, and presents. For example, the same ruling applies when benefits are obtained through such dealings in various areas of business and commerce at the office, in matters of employment and salaries, and in mudarabah, musaqah, muzara’ah, and similar matters. For this reason, Hazrat Umar ibn al-Khattab (may Allah be pleased with him) reduced the salaries of some officials by half. Although they possessed wealth, they were also in debt. Nor were they accused of embezzlement. The reason Hazrat Umar treated his officials in this way was that, as officials, they had abused their authority and accepted gifts and presents. Hazrat Umar (may Allah be pleased with him) had appointed them as governors and officials. Therefore, as a just leader and ruler, he adopted this measure to ensure the proper distribution of wealth, transparency in administration, and socioeconomic balance.
When corruption appears between rulers and the people, it is the duty of every Muslim to strive to fulfill his respective duties properly: to abandon what is haram and not regard as haram what Allah has permitted.
When people do not offer gratuities to government officials, they often have to undergo a severe trial of danger. If gratuities are not given, they cannot escape the oppression and persecution of those officials. Even so, these officials continue to carry out their duties by oppressing and abusing people in this manner. They forcibly collect an excess of zakat wealth from them. They ruin their Hereafter for worldly interests. Whoever acts in this way to provide another person with worldly peace and pleasure destroys his own Hereafter. His duty was to resist oppression as far as possible, consider the people’s interests and convenience, remove people’s grievances, inform the head of state about the condition of the people, and protect society if any section of the people seeks to create unrest.
The Messenger of Allah (peace be upon him) said:
Arabic
“You shall inform me of the grievances of those who cannot convey their grievances to me themselves. For those who bring the grievances of the people to the attention of the governing authority, Allah will make their feet firm on the Sirat, while the feet of great people will tremble that day because of the severity of the circumstances.”
It is narrated by Abu Umamah al-Bahili in the works of Imam Ahmad and Sunan Abu Dawud that the Messenger of Allah (peace be upon him) said:
Arabic
“If someone intercedes for another brother and the latter sends him a gift in return, which he accepts, he has approached the threshold of usury.”
Ibrahim al-Harbi (may Allah have mercy on him) narrates from Hazrat Abdullah ibn Mas’ud (may Allah be pleased with him) that a man asked another to fulfill a need of his. After he fulfilled the need, the other man sent him a gift, which he accepted. This was therefore haram.
It is narrated from Hazrat Masruq that he spoke with Ibn Ziyad regarding an act of oppression. Ibn Ziyad then stopped that oppression. Pleased by this, Masruq sent him a slave as a gift, but he refused it and said, “I heard Abdullah ibn Mas’ud (may Allah be pleased with him) say that if any oppression or injustice is removed from a Muslim and he gives the official concerned anything in return, whether little or much, it is haram.” Ibn Ziyad said, “I said, ‘O Abdur Rahman, we now understand nothing except suht, unlawful transactions.’” He replied, “Bribery, or rishwah, is disbelief.”
Therefore, if a ruler or senior official takes something for himself from employees that had been designated for that person and his family, neither the giver nor the recipient should be assisted in such a situation. Both are oppressors. This is like one thief stealing another thief’s property, or like two groups fighting for their own lineage, leadership, and power. At such a time, assisting oppression is in no way permissible. Assistance is of two kinds:
1.Assisting in righteous and God-fearing acts, such as waging jihad, establishing the Shariah penal code in society, establishing huquq al-ibad, meaning people’s rights, and arranging for rightful claimants to receive their rights. Allah Most High has commanded this kind of assistance in the Quran. Allah and His Messenger (peace be upon him) have made such assistance obligatory. If someone refrains from righteous and virtuous action because of fear or terror and becomes frightened and distressed by an oppressor, then if the other Muslims do not come forward to help the oppressed, they will be guilty of abandoning fard ayn and fard kifayah. If someone, according to his own inclination, thinks that he possesses taqwa and piety and therefore needs to remain free of trouble, then if he does not help the oppressed in such circumstances, he will be regarded as guilty of abandoning an obligation. Cowardice and piety are often confused. Just as someone may refrain from helping another out of cowardice, so indifference is sometimes mistaken for piety.
2.This category of assistance involves sin and disobedience to Allah, such as killing an innocent person, looting or robbing his property, or beating someone who has committed no offense warranting punishment. Allah and His Messenger have prohibited assistance and cooperation in such criminal acts.
If public wealth is confiscated or seized unjustly and, for various reasons, it later becomes impossible to return it to its owner, spending that wealth for the public good is also an act of taqwa and virtue. Such government wealth should be spent for the benefit of the Muslims. Expenditures such as jihad, establishing various fronts for jihad, and spending on the mujahideen, meaning military defense, are included among acts of taqwa and virtue. Spending in this case is also assistance in taqwa. Since the ruler has unjustly confiscated the property of certain people, if they and all their heirs are absent, it is obligatory upon the ruler to spend that wealth on public welfare. At the same time, the ruler must repent to Allah with regret and remorse. This is the view of the majority of Islamic jurists. Imam Malik, Imam Abu Hanifa, Imam Ahmad, and others held the same view. It is also narrated from many eminent Companions. The Shariah proofs and evidences support this opinion.
If someone else takes wealth that was collected unlawfully, it is obligatory upon the ruler to recover it and return it to its owner or the owner’s heirs, or to spend it for their benefit. In their absence, it should be used for some beneficial purpose for the Muslims. Spending the wealth for the benefit of the Muslims is far better than destroying it, because the Shariah rests upon the word of Allah:
Arabic
“So fear Allah as much as you are able.” (Taghabun: 16)
Arabic
“O believers! Be mindful of Allah as much as you ought to be mindful of Him.”
Its explanation rests upon the following hadith of the Noble Prophet (peace be upon him):
Arabic
“When I command you to do something, strive to carry it out as far as you are able.”
Attaining the objectives of efforts for social welfare and completely removing or reducing unrest from society depend upon implementing the demands of the aforementioned verse and hadith, respectively.
When welfare and harm come into conflict in society, one should choose the more beneficial of two beneficial matters. Among harms, one should avoid the more harmful.
Whoever helps an oppressor assists sin and disobedience to Allah. Conversely, whoever helps an oppressed person, assists in reducing the extent of oppression and persecution, or strives to avenge oppression and abuse, acts as the oppressed person’s advocate and representative, not the oppressor’s. This is like someone who lends money or becomes the custodian of another’s property to protect it from an oppressor’s oppression—for example, an orphan’s property or waqf property. If an oppressor seeks to take an unjust share of such property, and its mutawalli is unable to avoid giving him something, but tries to give as little as possible, then if the mutawalli makes every effort and manages to reduce even a little of what he gives, that will be a virtuous act. However, legal action by the government administration and public resistance against that oppressive criminal are necessary.
This ruling also includes the advocate or representative who gives testimony concerning the collection of wealth or participates in recording it. The same ruling applies to anyone who participates in confiscating wealth and delivering it.
If injustice or oppression is occurring in any settlement, village, road, marketplace, or city, and a benevolent person undertakes mediation to resist that oppression, makes every possible effort, tries to give the rightful claimant his right with justice and fairness without accepting a bribe, and carries out this work fearlessly while disregarding the reproaches of those who criticize him, then he too is benevolent and virtuous.
But today, whoever unlawfully interferes in such noble work assists as the representative of that oppressor. He fears the oppressor, accepts bribes from those seeking justice, even takes pride in doing so, and accepts whatever money he can obtain from anyone. Such people are oppressors. Where else could their place be but Hell? Their accomplices will also be inhabitants of Hell. They will certainly be cast into Hell.
[9]
Sources of Government Revenue
Funds should be distributed in stages according to priority. Those engaged in jihad and those who support the mujahideen have the greatest claim to state funds, or mal al-fay. Among the ulema and mujtahids there is disagreement regarding mal al-fay: should it be spent entirely on the welfare of the Muslim public, or should its distribution be limited to the mujahideen? The Noble Prophet (peace be upon him) also gave the mu’allafatul qulub from mal al-fay.
Arabic
“Deliver trusts, meaning rights, to their rightful owners.” This means that—
The expenditure and distribution of wealth should serve the welfare of the Muslims. In this regard, it is obligatory to observe the principle of priority. For example, general welfare should be provided to ordinary Muslims, among whom are those who wage jihad and those who support jihad. Among the recipients of mal al-fay, the mujahideen of Islam have the greatest claim, because mal al-fay cannot be acquired without the mujahideen. This wealth is obtained through these mujahideen, and for this reason the jurists, meaning specialists in Islamic law, have differed over whether mal al-fay should be spent exclusively on the mujahideen or on every kind of public benefit. All Muslims and their welfare are included in whatever wealth exists apart from mal al-fay. All Imams agree that the categories for sadaqah, zakat, and ghanimah have been specified. The rightful recipients include the following categories of people: employees, those holding primary authority, and others; administrative officials, judges, ulema, and those responsible for collecting and safeguarding these funds. Imams of prayer and mosque muezzins are also included. Likewise included are salaries for work whose benefits reach the people, such as constructing frontier bases, spending on military equipment, building essential facilities, constructing roads for public convenience, and leveling high and low terrain. Constructing large or small structures as needed, maintaining drainage systems, digging canals, and repairing old canals—each of these is a category of expenditure. Needy people are also included.
The jurists differ on whether needy people should be given priority in mal al-fay and similar funds apart from zakat. There are two views in the madhhab of Imam Ahmad and others. Some gave priority to the needy, while others said that directly religious works should receive priority. This view regards all members of this category as equal partners and equally entitled recipients, just as heirs have equal shares in abandoned property. The correct view, however, is that the needy should be given priority, because the Messenger of Allah (peace be upon him) used to give priority to the needy. For example, Hazrat Umar ibn al-Khattab (may Allah be pleased with him) said:
Arabic
“Everyone has a share in this wealth. This wealth will go to the person who was first to participate in jihad, and to the person who endured hardship in this work. The person who faced difficult trials and adversity has a right to it, and the needy also have a right to it.”
Hazrat Umar (may Allah be pleased with him) distributed state wealth among four categories of people:
1. Those through whose participation in military expeditions the wealth was acquired.
2. Those who undertake particular hardships and exertions for the interests of the Muslims, such as rulers and educated ulema who show people the divinely ordained path to the welfare of religion and the world, and those who endure unwanted dangers, difficulties, and suffering to prevent harm and evil in society. This includes the mujahideen in the path of Allah who serve as the Islamic army.
3. Those special individuals who are experts in warfare and advise soldiers, and who work to keep society inclined toward righteousness through preaching and admonition that promotes Islamic education, culture, and ideals.
4. Those who are needy.
When this has been ascertained by people of these four categories, then consider that Allah Most High has made the people prosperous through this wealth. Thereafter, He will give according to need or in accordance with the work performed.
It is thus understood that state funds and resources must be given for the welfare of citizens and according to their needs, and that these funds and resources must be used for the welfare of Muslims. The same applies to zakat. If additional funds and resources remain from it, the same degree of entitlement will apply to them as applies to the rightful recipients of wealth of this kind—for example, the wealth of spoils and inheritance. The rightful recipients or beneficiaries of these are also specified.
Where it is not at all lawful for the Muslim state leader to give anything to anyone out of personal interest, partiality, or nepotism, there can be no question of permitting the expenditure of state funds on forbidden activities. Examples include giving money to eunuchs, catamites, female singers, prostitutes, comedians, actresses opposed to Islamic values, soothsayers, astrologers, and the like. However, when winning the heart of someone is necessary for the sake of Islam, giving money in such a case is obligatory.
In the Noble Qur’an, giving zakat to the “mu’allafatul-qulub” has been made permissible. The Prophet (peace be upon him) himself used to give funds from fay’ under the heading of “mu’allafatul-qulub,” and he also gave from it to those who were prominent tribal leaders. These included Aqra ibn Habis, chief of Banu Tamim; Uyayna ibn Hisn, chief of Banu Fazara; Zayd al-Khayr al-Ta’i, chief of Banu Nabhan; and Alqash ibn Allama, chief of Banu Kilab. Likewise, he gave funds from this treasury to Quraysh leaders and other prominent persons, such as Safwan ibn Umayya, Ikrimah ibn Abu Jahl, Abu Sufyan ibn Harb, Muhayil ibn Amr, and Harith ibn Hisham. In this regard, a hadith narrated by Abu Sa‘id al-Khudri (may Allah be pleased with him), recorded in Bukhari and Sahih Muslim, states that Hazrat Ali (may Allah be pleased with him) once sent a gold necklace from Yemen to the Prophet (peace be upon him). The Prophet (peace be upon him) distributed that gold necklace among four men: Aqra ibn Habis al-Hanzali, Uyayna ibn Hisn al-Fazari, Alqama ibn Alamita al-Amiri, and Zayd al-Khayr al-Ta’i of Banu Kilab. He was the chief of Banu Nabhan.
Abu Sa‘id al-Khudri (may Allah be pleased with him) said that, over this distribution, intense discontent arose among Quraysh and the Ansar. They began saying that Muhammad (peace be upon him) had spent wealth among the leaders of Najd while excluding us. When this reached the Prophet (peace be upon him), he called them and said: “I did this to create a deep attraction for Islam in their hearts”—that is, for ta’lif al-qulub. Just then, a stranger with a very thick beard arrived. His cheeks were prominent, his eyes were extremely bright, his forehead broad, and his head shaven. He said—
Arabic
“O Muhammad, fear Allah.” The Prophet said, “If I myself disobey Allah, then who will obey Him? When everyone on earth considers me trustworthy, will you not consider me trustworthy as well?”
The narrator of the hadith said that the man turned to leave as soon as he had said this. Then a man rose from among the assembly and said, “Kill him.” The Companions said that the man who rose and made this statement was Khalis ibn Walid (may Allah be pleased with him). He had risen out of Islamic honor and love for the Prophet (peace be upon him). Hazrat Khalid sought the Prophet’s permission to kill the man. The Messenger of Allah (peace be upon him) said—
Arabic
“Among their descendants there will be a group who will recite the Qur’an, but their blades will not descend. They will fight the Muslims and invite the polytheists. They will leave Islam as swiftly as an arrow leaves a bow. If I encounter them during my lifetime, I will slaughter them just as the people of ‘Ad were slaughtered.”
Rafi ibn Khadij (may Allah be pleased with him) narrates that the Messenger of Allah (peace be upon him) gave hundreds of camels to Abu Sufyan ibn Harb (may Allah be pleased with him), Safwan ibn Umayya, Uyayna ibn Hisn, and Aqra ibn Habis. He gave Abbas ibn Mirdas somewhat less. Abbas ibn Mirdas then recited the following poem.
Arabic
“Are you giving to Uyayna and Aqra what my horse, Ubayd, and I have gathered?”
Arabic
“Hasan and Habis cannot surpass Mirdas in gatherings and assemblies.”
Arabic
“Am I inferior to these two in any respect? Has he tipped the scale that could not be raised—that is, was heavy?”
When the Messenger of Allah heard this, he gave him one hundred camels as well. This narration is found in Sahih Muslim, and Ubayd was the name of Mirdas’s horse.
“Mu’allafatul-qulub” are of two kinds: unbelievers and Muslims. Winning the hearts of unbelievers means hoping for some benefit from them—that they may perhaps accept Islam, or that the harm they were causing Islam may be reduced. That harm cannot be removed without giving them something.
“Muslim mu’allafatul-qulub” refers to those new Muslims whose financial assistance serves the welfare of Islam. For example, if they are given financial resources, their faith will become firm after being freed from financial distress, and they will become sincere Muslims. Or, if such Muslims remain firmly established in Islam, it will be advantageous in confronting anti-Islamic forces. They will be able to keep the enemies terrified, or their friendship may help them play a favorable role in protecting the Muslims. Needless to say, spending money is indeed necessary in order to achieve this through Muslims of weak faith.
The funds of this category were generally given to prominent and wealthy persons, while the weak and incapable were hardly given anything from them. This is what kings and rulers generally do. Yet the difference in intention between the two is enormous. The result of an act depends on its intention. If the purpose of giving wealth is religious welfare and service to Muslims, then such giving will be accepted by Allah like the giving of the Prophet (peace be upon him) and the noble Companions. (They did not do anything for themselves.) But if giving wealth is accompanied by arrogance or a hidden intention to create unrest, it becomes like the gifts Pharaoh gave to his sycophants.
Those who wish to create disorder and unrest in the religion and are constantly driven by conspiratorial designs against Islam view such giving negatively. This was the case with Dhul-Khuwaysira, who regarded the Messenger of Allah’s giving in this way. The Prophet (peace be upon him) said what needed to be said about him, and the arrows of his displeasure were directed at him.
The Kharijites, the tribe of Dhul-Khuwaysira, rebelled against the Commander of the Believers, Hazrat Ali (may Allah be pleased with him). After the arbitration meeting held to settle the dispute with Amir Muawiya (may Allah be pleased with him), Hazrat Ali followed a policy of reconciliation, which the Kharijites opposed. The Kharijites captured Muslim women and children and took them away. They were the very people against whom the Messenger of Allah (peace be upon him) had instructed the Muslims to fight. They followed false and disorder-producing principles and practices, through which neither their worldly life nor their Hereafter was sound.
Confusion often arises because misguided piety resembles cowardice, faintheartedness, and miserliness. In both cases, a defect resulting from abandoning action can be observed. Confusion arises between avoiding unrest out of fear of Allah and refraining from spending wealth in the jihad that has been commanded out of cowardice and miserliness. As the Messenger of Allah (peace be upon him) said—
Arabic
“The worst qualities among people are miserliness and greed,” Arabic, “and cowardice and faintheartedness.” Imam al-Tirmidhi declared this hadith authentic.
Similarly, people constantly abandon righteous action while believing inwardly, and even declaring openly, that this is piety and abstinence. In reality, this is merely another name for arrogance and considering oneself superior. In this regard, the Prophet (peace be upon him) uttered a comprehensive statement of such broad meaning that it may be regarded as an important criterion for whether an action is fruitful or fruitless. The Prophet (peace be upon him) said—Arabic
“The outcome of an action is determined according to the intention.”
Just as the soul is essential to the body, intention is essential to action. Otherwise, what difference is there between a person prostrating before Allah and another bowing his head before the sun? Both strike their foreheads against the ground. The posture of worship before both objects is the same. The outward form and nature of the two are identical. The person who bows his head before Allah is Allah’s beloved servant who has attained nearness to Him, whereas the worshipper of the moon and sun is a disgraced criminal, cut off from Allah and cast far away. This difference and distinction arise solely because of intention. Regarding those who attain nearness to the Creator, Allah Most High has said—
Arabic
“They enjoin one another to remain steadfast in the religion and to show one another compassion.” (Surah al-Balad: 17)
Arabic
It is related in a hadith: “Generosity and forbearance are the guides of excellent faith.”
Indeed, providing peace and security to the people and caring for and governing them cannot be achieved in any way without financial generosity toward them, a compassionate disposition, and courage together. Rather, it must be said that these two qualities are indispensable for reforming and promoting the welfare of both religion and worldly life. Therefore, authority must be taken away from a person who does not possess these qualities and entrusted to someone who does possess them. As stated in the Noble Qur’an—
Arabic
“O believers! What is the matter with you? When you are called to set out on an expedition in the way of Allah, you cling heavily to the earth. Do you prefer the life of this world to the Hereafter? If so, remember that the enjoyment of worldly life is but little compared with the Hereafter. If you do not set out in the way of Allah after being called, He will subject you to a painful punishment and replace you with another people, and you will not be able to harm Him in the least. For Allah is over all things powerful.” (Surah al-Tawbah: 38–39)
Allah Most High also says—
Arabic
“Behold, you are being called to spend your wealth in the way of Allah, yet some of you are miserly in this matter. In fact, they are only being miserly toward themselves. Allah is Self-Sufficient and Independent; you are the ones in need of Him. If you turn away, He will replace you with another people, and they will certainly not be like you.” (Surah Muhammad: 38)
Elsewhere, the same meaning is stated—
Arabic
“Those among you who spent and fought in the way of Allah before the victory cannot be equal in rank to the others. They are higher in rank than those who spent and fought after the victory. Yet Allah has promised goodness to both.”1(Surah al-Hadid: 10)
(1. The reason that spending wealth and striving in the way of Allah before the conquest of Makkah carried greater merit and reward than in the later period is that Islam was then confined to Madinah, and Madinah was filled with hypocrites and enemies of Islam. No one is unaware of the hostility and conspiracies of the unbelievers of Makkah against the Prophet (peace be upon him) before the Hijrah. Compelled by circumstances, he went to Ta’if in the hope of success. But because of their mistreatment, he had to return from there disappointed. Moreover, the Noble Prophet (peace be upon him), together with the Companions, had to spend three continuous years in social boycott in Shi‘b Abi Talib. Out of necessity, some Companions were permitted to migrate to Abyssinia. Yet even there, the unbelievers sent a delegation against the Muslims. A gathering of the unbelieving Quraysh leaders was held in Makkah’s Dar al-Nadwah hall. After prolonged discussion, they finally reached a unanimous decision to kill the Prophet (peace be upon him). He was then compelled to migrate. A large reward was announced for capturing him. On the other hand, under the circumstances of that time, the Prophet (peace be upon him) was unable even to worship openly with the Companions. Even when he went out to preach Islam, he was not safe there; the unbelievers would send people after him to spread slander against him. Finally, when he migrated to Madinah, the local Jews, Christians, and hypocrites rose up in opposition to him. Day and night they remained engaged in conspiracies against the Muslims and regularly exchanged secret information and reports with the unbelievers of Makkah. At one point, the unbelievers assembled in Makkah’s Dar al-Nadwah and adopted various conspiratorial plans. As a result, the bloody battles of Badr and Uhud took place.)
In short, Islam was confined to a particular place, while the Muslims were helpless and destitute on every side. Their financial condition was such that securing two meals a day was extremely difficult. In contrast, the unbelievers were prosperous and wealthy in every economic and social respect. At that time, they held undisputed dominance, influence, and authority throughout the Arabian Peninsula. So what could prevent them from annihilating these helpless Muslims? They thought that if they could eliminate a handful of Muslims, the calamity called Islam would be eradicated, because Islam had not yet spread beyond that particular region. If Muslims were expelled from one place today, they could move in their hundreds of thousands to neighboring Muslim countries, but conditions were not like that before the victory. Was it then difficult to eliminate Islam by finishing off a small number of Muslims? Driven by this thought, the unbelievers engaged in conspiracies against the very existence of the Muslims. But Allah was the Muslims’ supporter. Placing complete trust in Allah’s promise, the Prophet (peace be upon him) exerted every effort to make Islam victorious and established. However easy the unbelievers considered it to erase the Muslim nation, eliminating those behind whom the help of the Almighty Allah stood was beyond their power. For Allah has declared—
Arabic
“He is the One who sent His Messenger with guidance and the true way of life so that he may make it prevail over all other systems—those devised by human beings and those that are false—even though the polytheist unbelievers may dislike it.” (Surah al-Tawbah: 33)
Thus, under such circumstances, it is easy to understand how difficult it was to strive to establish righteous leadership and overthrow corrupt leadership, to spend wealth in the way of religion, and to stake one’s wealth and life. For this reason, those who spent their lives and wealth before the conquest of Makkah possess the highest rank. Their contribution to us is immeasurable and incomparable, for it was through their great sacrifice that Islam reached us and will remain until the Day of Resurrection. May Allah grant us the ability to follow their sublime example. Amen!)
In various places in the Qur’an, the struggle to take power from corrupt, incompetent, exploitative leadership for the welfare of humanity and place it in the hands of righteous leadership—in order to deliver the benefits of justice to the exploited, deprived, and oppressed—has been mentioned. Concerning those who spent their lives and wealth freely for this purpose, it is stated—Arabic
“They—that is, the believers striving to establish righteous leadership—strive in jihad with their lives and wealth.” (Surah al-Tawbah: 20)
On the other hand, the Qur’an describes miserliness and cowardice as grave sins and says—
Arabic
“Those who are miserly despite having received Allah’s bounty should not think that this is good for them. Rather, their miserliness is exceedingly bad for them. The wealth they accumulated through miserliness will become a collar of chains around their necks on the Day of Resurrection.” (Surah Al ‘Imran: 180)
Elsewhere it is stated—
Arabic
“Give those who hoard gold and silver and do not spend it in the way of Allah the glad tidings of a painful punishment.” (Surah al-Tawbah: 34)
Likewise, the Qur’an condemns those who show cowardice and faintheartedness before false forces when establishing righteous leadership in society for the sake of implementing Allah’s law, saying—
Arabic
“Those who turn their backs when surrounded by a crisis-filled, conflict-ridden situation with false forces should know that they have incurred Allah’s wrath. Their abode is Hell, and it is the worst of destinations. However, if someone acts this way as a military tactic or in order to join his own group, that is a separate matter.” (Surah al-Anfal: 16)
Arabic
That is: “They—the hypocrites—swear that they are also part of you, although they are not part of you at all. Rather, those people are cowardly and fainthearted, separated from you.” (Surah al-Tawbah: 56)
There are countless statements on this subject in the Qur’an and hadith; indeed, all people in the world agree on it. There is even a proverb that says—
“They know neither how to wield a spear nor how to show compassion.” It is also said—
Arabic
“Just as they are not skilled horsemen, they are not nobles of Arabia either.”
Three categories of people in politics and governing authority
With regard to politics and governing authority, three categories of people can be observed—
(1) Those whose thoughts are engrossed in worldly fascination. Establishing their own superiority on earth, displaying arrogance, and creating unrest are the sole aims of this class of people. They are completely heedless of accountability in the Hereafter. They believe that governance cannot continue without granting favors and spending money, because the throne cannot be preserved otherwise. Since this requires vast sums of money, which they do not possess, they adopt unlawful means of acquiring wealth. Consequently, they become plundering and robbing rulers. They say that only those who can eat and feed others can possess governing authority. Pure and upright people are not fit for this task; they deserve to remain deprived of state power. Because of this outlook among a class of rulers, even the state’s principled officials and governors become dissatisfied and take the leading role in removing such a head of state from power. Rulers of this class evaluate everything solely in the light of worldly profit and loss. They completely forget the happiness and peace of the life to come. If they are not granted the fortune of repenting and returning from this outlook, they will face extreme loss in both worlds. Thus, they will be among—Arabic, “the people who ruin both this world and the Hereafter.”
(2) The second class: those who fear Allah and consider oppression and tyranny against the people unlawful, and who even believe that avoiding unlawful earnings is imperative. Despite this, because of weakness of faith, they think that politics and governance cannot be conducted without raising money through unjust and forbidden means. They therefore choose the path of looting wealth by abusing power unlawfully and become indifferent to the welfare of the people in their political activities. As a result, falling prey to moral weakness and cowardice, they regard public-service activities with aversion. They formulate such self-invented interpretations of the religion that they do not hesitate even to abandon obligations, although this is more harmful than some forbidden acts. Yet abandoning an obligatory duty and refraining from jihad is in practice another name for abandoning jihad. Under the shelter of their self-invented interpretations, they remain indifferent even to religious obligations. Some also believe that denying the aforementioned activities is obligatory and that this obligation cannot be acted upon without fighting. Consequently, they even engage in war against Muslims, as the Kharijites did. Through them, neither worldly nor eternal welfare is achieved. At times, however, one or two isolated benefits for religion and worldly life may result from their activities. Their errors in interpretation may then be forgiven and taken into consideration. At other times, they suffer even greater loss. But overall, their efforts are misguided, although they think they are engaged in righteous work. Those who believe in this principle can benefit neither themselves nor anyone else. They merely please dishonest people and believe that spending anything to attract people toward the religion—that is, “mu’allafatul-qulub”—is wrong and forbidden.
(3) The third class consists of the moderate people of the ummah. This class follows the Muhammadan faith and the Rightly Guided Caliphs. For all the moderate people of the Muslim ummah, both the distinguished and the ordinary, this is the straight path until the Day of Resurrection. Their outlook is to spend money on works serving the public welfare and to meet the needs of the people, whether they are wealthy or poor. It is essential to spend money on preserving the people’s dignity, honour and respect, fulfilling their worldly needs, establishing the faith, and reforming society. It is not proper to collect development tax from anyone except those who are able to pay it. In every matter, fear of God and consideration of welfare must be given priority. For the Shariah-based system of governance cannot be complete without God-fearing accountability and prioritizing public welfare. Allah says—
*******Arabic
“Indeed, Allah is with those who fear Him, are mindful of Him, and do good.” (Surah al-Nahl: 128)
Above all, the fundamental point is that arrangements must be made for the people’s food and clothing, and their basic needs must be guaranteed; one must eat only what is lawful. One must strive to earn money through lawful means. Moreover, it is essential for the wealthy and affluent to be frugal. For it is from the wealthy that the needy generally expect more help and the fulfillment of their needs, whereas such expectations are not usually placed in the pious people of modest means.1 (1. For example, kings, ministers, governors, present-day democratic heads of state, senior government officials, leaders—in other words, the ruling class throughout the country—and influential members of society have an impact. If they are just and upright in character, naturally the people, and indeed the entire nation, become upright in character. Conversely, if their character is corrupt and defective, its effect must be reflected in the national character. In reality, the demand of public service is that the public interest must be given priority in every matter. Thus, in this regard, Sheikh Saadi says—
********Arabic
That is, “Guarding is not the work of the sheep; rather, the guard is appointed to serve it.” If people in high positions themselves reach out for black money through unlawful means, it is futile to expect good character and freedom from greed from those under them. Sheikh Saadi says—
********Arabic
(That is, “If the king unjustly accepts five eggs, his soldiers will unlawfully impale a thousand roosters.”)
Giving priority to the public interest is the essence of public service. Therefore, Sheikh Saadi says—
*******Arabic
That is, “Show mercy to the weak; then you will not fall into the grip of a powerful enemy.”
The ultimate truth is that this world is a kingdom under Allah’s sovereignty. Therefore, only His law should prevail here, and only through it can welfare in this world and the Hereafter be achieved. At this stage, the entire responsibility for the welfare and harm of the nation rests upon both groups—the scholars and the rulers. If they are good, everything is in order; otherwise, everything is ruined. Hence it has been said—
********Arabic
That is, “Only the ruling circle and corrupt religious leaders have brought calamity upon the faith and religion.”)
People generally expect far more moral reform from the pious than from the wealthy. True piety and the real dignity of religion lie in reforming one’s character according to one’s ability and through whatever means are possible. It is mentioned in Sahih al-Bukhari and Muslim, according to the narration of Abu Sufyan ibn Harb, that the Emperor Heraclius asked Abu Sufyan, “What does this prophet teach you?” Abu Sufyan replied, “He commands us to establish prayer, practice honesty, reform our character, and preserve the bonds of kinship.” It is also related in another hadith that Allah the Exalted revealed to Ibrahim (peace be upon him): “O Ibrahim, do you know why I have made you My Khalil (friend)? It is because giving is dearer to you than receiving. It is for this characteristic of yours that you are My Khalil.”
Earlier, generosity was mentioned, with the point that this generosity must always be measured by the national and public interest. Conversely, with regard to anger and forbearance, true bravery lies in avoiding the degree of harm; constant attention must be paid to this matter. In terms of anger, people manifest three conditions: (1) becoming angry for Allah and for personal interests; (2) becoming angry for neither of the two; and (3) those called the ummat wasat, or the moderate people, become angry solely for Allah’s sake. Thus, they have no acquaintance whatsoever with anger tainted by self-interest. In this regard, a statement of Aisha (may Allah be pleased with her) is narrated in Bukhari and Muslim. She said—
********Arabic
“The Noble Prophet (peace be upon him) never struck or hit any servant, woman, animal, or anyone else with his own hand. The battlefield was an exception. He was never seen taking revenge for his own sake. But when he saw an act forbidden by Allah, and His limits were transgressed, his anger became unstoppable.”
A ruler who becomes enraged not for Allah’s sake but for his own, who claims only what is due to him out of personal interest and does not grant others their rights, is the vilest creature in Allah’s creation. No welfare, either in this world or the Hereafter, can be achieved through such a person.
The politics and governance of the righteous were beautiful in every respect. Their policy was to fulfill the essential duties of the state properly. They remained extremely cautious to keep away from Allah’s forbidden acts. They possessed such pure character that their giving brought boundless benefit to the faith. They took from the state treasury only as much as was lawful for them. Their anger or displeasure was entirely for Allah’s sake, and it became manifest only when Allah’s prohibitions were violated. They almost always forgave what was due to them.
This was a characteristic of the Prophet’s character. He was perfect and complete in matters of income and expenditure. Therefore, those who are closest to them in character are the best and most honoured. Thus, the first obligation of Muslims is to strive with all their might to draw close to the Prophet’s principles, character, and example, and after making every possible effort, to seek Allah’s forgiveness for their mistakes and shortcomings. Furthermore, this conviction must become firmly rooted: Allah the Pure sent the Prophet (peace be upon him) as the best model for true and comprehensive human life. Regarding this, the Qur’an says—
**********Arabic
“Indeed, Allah commands you to return trusts to their rightful owners.”1 (1. This is the essence of Islamic, or divine, government. Thus, the proverb ******Arabic, meaning “In our religion, service—that is, public service—is the fundamental philosophy of leadership,” is used in this sense. In today’s world, great powers and large states can be seen to exist. But if one searches, can any sign of ******Arabic be found anywhere? Even when we look at the Muslim countries today, it is difficult to find any state that exists in the sense of *******Arabic (that is, “not for oneself, but solely for Allah”). Throughout the world today, one sees the same colour and identical character that was evident in the Roman and Persian empires before Islam.
Imam of India, Hazrat Shah Waliullah Muhaddith Dehlavi (may Allah have mercy on him), beautifully described the condition of the Romans and non-Arabs in the section “Irtifaqat wa Islah al-Rusum” of his world-famous work Hujjat Allah al-Baligha. Reflecting on this, and keeping the meaning of ******Arabic before us, we should consider what Allah wants from us, where we are heading, and what kind of revolution and change the world desires. A summary is presented below. Shah Sahib writes: “Because the Romans and non-Arabs had held state power for a long time, they became immersed in worldly luxury and pleasure. Satan had exerted such influence over them that collecting abundant means of enjoyment and luxury goods, and displaying luxury items competitively, became the purpose and goal of their lives. Their intellect and judgment were spent pursuing ever finer luxuries. They then devised astonishing forms of amusement and entertainment through these things. The amount their rulers spent displaying the splendour and magnificence of power is shown by the fact that, for their chiefs, wealthy tribal leaders, and ruling-class people, wearing a crown worth less than two hundred thousand was considered disgraceful. It was essential for them to have immense royal palaces with flowing streams, canals, and pleasant gardens. Rows of male and female slaves for service and herds of horses in the stables were indispensable. A broad dining spread and costly food constantly prepared in the kitchen were regarded as symbols of nobility.”
In short, the standard of living was measured on the scale of these necessities of life. A sense of aristocracy was regarded as part of their belief, and, like a chronic disease, it flowed through the veins and arteries of their culture and civilization. Even farmers and labourers were afflicted by it. To obtain the means of their own luxury and pleasure, they routinely ruined countries, nations, and countless groups of people. Since these things could not be acquired without spending vast sums, the burden of taxation was imposed on farmers, merchants, labourers, and workers. When they were unable to collect these unjust and excessive taxes, paid soldiers were used to unleash a storm of oppression and persecution upon the poor. Those who surrendered before the might of the ruling class were made to work like oxen and donkeys. Consequently, they had no opportunity even to pay the slightest attention to their own comfort and well-being. The situation reached the point where the importance of acquiring religion and moral qualities disappeared from the thoughts of millions upon millions of human beings. All beneficial and development-oriented plans and major works on which the future of the nation depended were entirely halted in practice. It is not that nothing was done in industry, but it consisted merely of amusements for the lords or things facilitating their pleasures. For otherwise, the lords had no regard for workers or artisans. Comfort alone was the master’s only means of satisfying himself. On the other hand, a group of money-loving poets and writers, imitators, singers, sycophants, flatterers, and hopeful petitioners arose; they were known as courtiers or were connected with the court. A so-called group of hypocritical religious people also joined them. In reality, they were not religious; rather, pursuing self-interest under the guise of religion and conducting the business of religion were their principal aims. As a result, personal interest and opportunism spread like an infectious disease throughout every level of society, from top to bottom. The entire body of society sank into immorality. Thus, thanks to the so-called leaders of society (!), the seeds of fear of God and moral virtue were prevented from sprouting and were destroyed.”
He further says: “After this boundless calamity befell Rome and Persia, divine wrath descended, and, as the decision to eradicate this disease through the treatment of reform, an unlettered Prophet (peace be upon him) appeared in Arabia. No trace of their false aristocracy touched his pure character, and he was completely free from the shadow of their customs and corrupt morals. Allah sent His Prophet (peace be upon him) as the embodiment of an exemplary life and elevated character. Through his voice He condemned Roman and Persian immorality and godless conduct, and declared immersion in worldly luxury and pleasure to be futile. He prohibited non-Arab customs, such as gold and silver utensils, ornaments of gold and jewels, silk clothing, idols and images, and so on, which were made unlawful. In short, under the leadership of the Noble Prophet, the Persian and Roman empires were uprooted. And through the Prophet’s voice it was proclaimed—
*********Arabic
“Kisra and Caesar have perished. After this, they will never rise again.”
In short, at the time of the Noble Prophet’s emergence, the whole world lay within the sphere of dominance of the great powers of that age, Rome and Persia. Just as that dominance was crushed, today the entire world is bound under the wings of slavery to the two great powers represented by Britain and America. Yet if Muslims, instead of judging Islam piecemeal, become as attentive as others to developing a defence system suited to the age in accordance with divine instructions, and properly follow Islamic teachings, then in every respect—moral, economic, military, and spiritual—the fate of these two great powers of today must become like that of Rome and Persia. In reality, although the other states apart from these two powers loudly proclaim themselves independent, in actual fact and in the context of reality, the world community is bound in many ways by the hard chains of their servitude. Their self-interested politics, filthy culture and civilization, and vile cultural customs and practices are accepted as worthy of imitation. Great care and special effort are devoted to shaping one’s character by imitating their corrupt culture and luxurious way of life. Yet Western modern civilization and culture have, in particular respects, today left the world community endangered and devastated.
In brief, if the world wants peace, seeks security of life, and desires peace in this worldly life and the Hereafter, it must come forward to implement the divine Book, the Qur’an, and Islam comprehensively in practical life. For this system is not a human-made system; rather, it is an eternal way of life given by Allah. Moreover, peace can come only when His law alone prevails in the world created by Allah. The Noble Prophet (peace be upon him) and the Rightly Guided Caliphs set the winds of change in motion throughout the world through the Islamic revolution on the basis of this principle. In less than half a century, after the fall of the Persian and Roman empires, Islamic governance was established everywhere. As a result, the people of the world were able to breathe in relief under the cool shade of a secure, peaceful, and welfare-oriented state. Moreover, ********Arabic’s boundless power covered the entire world. Therefore, in conclusion, one must say in a tone of regret: Alas! If the Muslim nation were to awaken once again and advance in obedience to the Noble Prophet (peace be upon him) and the Companions, following in their footsteps, this world of humanity would almost be transformed into a garden of Paradise. The stream of peace would flow everywhere.
******Arabic
That is—perhaps Allah will create a similar state after this.)
[Ten]
Justice: Divine Penal Law for Crimes
The Shariah’s ‘hadd’ and ‘haqq’ are not restricted to any particular community. Interceding in matters of hadd is unlawful; anyone who gives or accepts a bribe, or acts as an intermediary, to have it annulled or reduced is an offending sinner. The command of Allah the Exalted is—
*******Arabic
“When you settle disputes and lawsuits among people, judge with justice.” (Surah al-Nisa: Section 8)
Judging between people means issuing rulings concerning the Shariah’s hadd and haqq. Hadd and haqq are of two kinds. Neither kind is connected to any particular tribe, community, or group. Rather, the Muslim nation itself will benefit from this impartiality. For example, the hadd, or Shariah penal law, is applied to thieves, highway robbers, looters, adulterers, and others. State property, government funds, waqf property, and bequeathed property do not belong exclusively to any particular tribe or community. Those in power in the state, administrative officials, and all others must maintain a special, impartial outlook regarding these matters. In this regard, Hazrat Ali (may Allah be pleased with him) said—
********Arabic
“Whether wholly good or partly good, whether wholly beneficial or partly beneficial, leadership is indispensable for people.” The people asked, “O Commander of the Believers! We understand the importance of good leadership, but what is the significance of imperfect goodness?” He replied—
*****Arabic
“A leader through whom the hadd is enforced, road safety is ensured, jihad against the enemy is conducted, and ‘fay’, that is, the spoils of war, are distributed.” In other words, even if leadership is deficient in other respects, it must possess the firm quality of enforcing the hadd. State leadership is essential for many reasons.
The state’s commander, local administrators, and public representatives must discuss and examine this matter; the hadd must be established to eliminate crime from society even without anyone’s claim. The same ruling applies to testimony: testimony should be accepted even without anyone making a claim. However, the Imams differ on whether, in order to enforce the hadd of cutting off a thief’s hand, the owner of the stolen property must claim the stolen property. According to Imam Ahmad and others, the hadd cannot be enforced without a claimant making a claim. But the unanimous view of all the other Imams is that the hadd must be enforced whether or not a claim is made by the person whose property was stolen. Some scholars stipulate a claim to the property so that there may be no doubt whatsoever concerning the thief’s theft.
These are the types of crimes for which enforcing the hadd is obligatory. Whether the offender is noble or low-born, a member of a large group or unaffiliated, powerful or weak, the hadd must be enforced equally in every case. Under no circumstances may the hadd be annulled because of anyone’s intercession, gifts, presents, bribes, or any other reason. The curse of Allah, the Messenger, the angels, and all people will descend upon anyone who cancels the hadd despite having the power to enforce it. In short, no intercession to prevent enforcement of the hadd is acceptable. Rather, an intercessor who ********Arabic (that is, “the judge concerned in the judiciary who sells Allah’s verses for a small price, meaning for worldly interest”) refrains from enforcing the hadd will be considered among the people described by that verse.
Abu Dawud (may Allah have mercy on him) narrated through Hazrat Abdullah ibn Umar (may Allah be pleased with him) that the Noble Prophet (peace be upon him) said—
*********Arabic
“Whoever’s intercession becomes an obstacle to implementing any hadd of Allah has opposed Allah. Whoever knowingly argues in support of falsehood and lies, while knowing it to be false, will remain subject to Allah’s displeasure until he stops arguing. And whoever makes an accusation or levels a charge against a Muslim concerning something unrelated to him will be confined in ‘Radhghat al-Khibal.’ The Companions asked, ‘O Messenger of Allah, what is Radhghat al-Khibal?’ He said, ‘The flowing blood and pus of the people of Hell.’” (Abu Dawud)
The Noble Prophet (peace be upon him) specifically mentioned the ruler, witnesses, and disputants because these are the principal pillars of justice, and the correct resolution of the various disputes and lawsuits arising in society depends upon their honesty.
The incident of the woman from the Banu Makhzum tribe, concerning intercession and narrated by Sahih al-Bukhari and Muslim through Hazrat Aisha (may Allah be pleased with her), is particularly significant. The woman had stolen someone’s property. Some people came to the service of the Messenger of Allah (peace be upon him) to discuss interceding on her behalf. One of them said, “Who would dare speak to him about this?” It was said, “Only Usama ibn Zayd (may Allah be pleased with him) can discuss this matter.” So when he spoke to the Noble Prophet (peace be upon him) on behalf of the woman, the Prophet said—
********Arabic
“Have you come to intercede concerning a hadd prescribed by Allah? The only reason the Children of Israel were destroyed previously was that when a noble person among them stole, they let him go; but when a weak person stole, they enforced the hadd upon him. By the One in whose hand is Muhammad’s soul, even if Fatimah, the daughter of Muhammad, were to steal, I would cut off her hand.” (Bukhari and Muslim)
This is a profoundly instructive incident. The Quraysh tribe was renowned for two noble branches: (1) Banu Makhzum and (2) Banu Abd Manaf. It is noteworthy that, even in this case, a woman of the Makhzum tribe did not escape having her hand cut off. Yet according to some scholars, the hand had been cut off in exchange for a small borrowed item, which was not actually theft. Others, however, held that it was theft. In that case, there could be no question concerning anyone else. They were numerous, highly noble, and, moreover, Hazrat Usama ibn Zayd (may Allah be pleased with him), the beloved servant of the Noble Prophet (peace be upon him), had interceded for her. Nevertheless, because of this intercession, he expressed severe displeasure and said: “Have you come to intercede regarding something unlawful and impermissible? Is this not wrongful intercession concerning a hadd prescribed by Allah?” He then cited Hazrat Fatimah (may Allah be pleased with her) as an example, thereby emphasizing that no exemption could be granted in such a reprehensible matter.
It is narrated that the woman whose hand had been cut off repented. Thereafter, whenever she came to the service of the Noble Prophet (peace be upon him), he would fulfill her needs.
It is also narrated—
**********Arabic
“If a thief sincerely repents, the hand that was cut off will lead him to Paradise. But if he does not repent, that severed hand will lead him toward Hell.”
Imam Malik (may Allah have mercy on him) narrated in al-Muwatta that a group of people apprehended a thief and set out for the court of Hazrat Uthman (may Allah be pleased with him). On the way, they met Hazrat al-Zubayr (may Allah be pleased with him), and asked him to intercede with Hazrat Uthman (may Allah be pleased with him) on their behalf. He said: “After a case involving the hadd has been brought before the Caliph’s court, the curse of Allah descends upon both the intercessor and the one on whose behalf the intercession is made.”
Once, Hazrat Safwan ibn Umayyah was lying in the mosque. A thief came, took his cloak, and set off. He caught him and brought him before the Prophet (peace be upon him). Safwan (may Allah be pleased with him) said, “Will his hand be cut off for the sake of my single cloak? I forgive him.” The Prophet (peace be upon him) said—
Arabic
“Why did you not forgive him before bringing him to me? Then he sentenced him to have his hand cut off.” (Sunan)
The purpose of the Noble Prophet’s statement was that you had the opportunity to forgive him before bringing him before me, but after bringing him before my court, it is absolutely impossible to annul the hadd. No one has the authority to annul the hadd by forgiveness, intercession, or money, in any manner. To my knowledge, according to the unanimous consensus of scholars of all levels, once thieves, bandits, robbers, hijackers, and similar criminals have been brought before a judge, their repentance is not legally acceptable; their repentance will not revoke the ruling of hadd. Rather, while upholding the ruling, it is obligatory to enforce the hadd. If they have truly repented with utmost sincerity, this hadd will serve as an expiation for them. If they are able to remain steadfast upon it, their repentance will become even firmer and stronger. This is equivalent to complete retribution or retaliation for the right-holder’s right. The basic principle of this can be observed in the following statement of Almighty Allah—
Arabic
“Whoever intercedes for a good cause will have a share of its reward, while whoever intercedes for an evil cause will share in its harmful consequences. Allah has full sight of everything.” (Surah al-Nisa 4:85)
In reality, intercession means seeking help and assistance. In Arabic, *****Arabic or ****Arabic is used for ‘two,’ in contrast to **Arabic, meaning odd or one. Thus, when ****Arabic (two) joins with ****Arabic (one), the ‘one’ seems to become two. Therefore, helping in a good deed is regarded as ******Arabic, that is, ‘intercession for a good deed.’ But if one helps in injustice, oppression, hostility, and sin, it is regarded as ****Arabic, ‘intercession for an evil deed.’ Needless to say, people have been commanded to intercede for righteous and good deeds, and have been forbidden to assist through intercession in evil deeds. For example, ******Arabic. Therefore, the divine injunction is not to allow anyone’s false actions to be supported. Allah has said— ******Arabic “Allah will never make the scheming of the treacherous effective.” (Surah Yusuf 12:52)
Almighty Allah has further said—
Arabic
“The punishment of those who wage war against Allah and His Messenger and strive to spread corruption in the land is that they be killed, crucified, have their hands and feet cut off on opposite sides, or be expelled from the land. That is their disgrace in this world, and in the Hereafter they will have a tremendous punishment. Except for those who repent before you apprehend them; know that Allah is Most Forgiving, Most Merciful.” (Surah al-Maidah 5:33–34)
This verse states that exemption from the said punishment applies to those who sincerely repent before being apprehended and brought before a judge, and who act according to their repentance. On the other hand, those who repent after being brought before the court will not have their repentance legally accepted according to the meaning of this verse, and enforcing the hadd upon them is obligatory. It goes without saying that this directive will apply only when the crime is established through witnesses and suitable evidence, or when the criminal himself confesses to the crime and appears in court to acknowledge it. However, if he also repents, there is a difference of opinion among the Imams. According to the apparent narration from Imam Ahmad ibn Hanbal (may Allah have mercy on him), the hadd may not be enforced in such a case. But if he himself requests that the hadd be enforced upon him, it will be enforced. If he does not wish the hadd to be enforced and leaves, it may not be enforced. The hadith of Hazrat Maiz ibn Malik (may Allah have mercy on him) points to this. After the Messenger of Allah (peace be upon him) heard the Companions describe Maiz’s condition when he was stoned, he said Arabic, “Why did you not leave him?” Other hadiths also establish that if a person repents while apprehended but before being brought before the authority, the hadd may not be enforced upon him.
Abu Dawud and al-Nasa’i (may Allah have mercy on them) narrated through Hazrat Abdullah ibn Umar (may Allah be pleased with him) that the Messenger of Allah (peace be upon him) said—
Arabic
“Forgive one another among yourselves, for when a case is brought before me, enforcing the hadd becomes obligatory.”
A hadith narrated by Hazrat Abu Hurayrah (may Allah be pleased with him) is recorded by al-Nasa’i and Ibn Majah. The Messenger of Allah (peace be upon him) said—
Arabic
“Enforcing the hadd on earth is more beneficial for the people of the world than forty days of morning rain.”
This is because sins reduce the measure of sustenance and instill fear of enemies in the heart. This is established in the light of the Qur’an and Hadith. Indeed, when the hadd is enforced, disobedience to Allah decreases and the level of crime declines. Consequently, as sinfulness decreases, the servant’s sustenance and comfort increase, and Allah’s boundless help continues to come.
It is under no circumstances permissible to take money or property from an adulterer, drunkard, thief, bandit, highway robber, or any criminally inclined person in order to waive the hadd. It is not permissible to accept such money for anyone personally or under the pretext of depositing it in the Bayt al-Mal. Money accepted for the purpose of waiving or annulling the hadd is entirely unlawful and forbidden. If a judge or ruler does such a thing, he combines two unlawful acts: (1) he annuls the hadd in exchange for unlawful money; (2) by abandoning an obligation, he engages in a forbidden act. Concerning this, Almighty Allah says—
Arabic
“Why did their scholars and religious leaders not forbid them from speaking falsely and consuming unlawful wealth? How evil is what their religious leaders and elders have done in forgiving and overlooking such conduct!” (Surah al-Maidah 5:63)
Allah Almighty, describing the condition of the Jews, said— Arabic
“They eagerly listen to lies and consume unlawful wealth.” (Surah al-Maidah 5:42)
This was because the Jews earned money through unlawful and illegal means such as interest and bribery. They even called bribery ‘bartal’ and ‘hadiyah.’
Therefore, if a ruler or judge accepts unlawful wealth, he must also accept false testimony. Yet the Messenger of Allah (peace be upon him) said—
Arabic
“The bribe-taker, the bribe-giver, and the one who mediates between them are all equally sinful.” (Ahl al-Sunan)
It is narrated in Sahih al-Bukhari and Sahih Muslim that two men appeared before the Noble Prophet (peace be upon him) with a case. One said, “O Messenger of Allah, decide our case according to the Book of Allah.” The second, being somewhat more cautious, also said, “Yes, O Messenger of Allah, let the decision be according to the Book of Allah, but I request permission to say something.” The Prophet (peace be upon him) said, “Go ahead.” He continued, “My son worked as a laborer in this man’s household. By circumstance, my son committed adultery with his wife. As ransom for him, I gave one hundred goats and also freed a slave. I took this measure after asking others about the ruling.” The Prophet (peace be upon him) replied, “Your son must receive one hundred lashes and be exiled for one year. The hadd of stoning must be carried out upon that woman.” Then he said—
Arabic
“By the One in whose hand is my soul, I will decide your case on the basis of Allah’s law. So take back the servant and the goats. Your son must be given one hundred lashes and must additionally leave the country for one year. O Unays, go to that woman at dawn and question her. If she confesses, stone her.” When she was questioned according to this instruction, she confessed to the crime. Thus, she was put to death by stoning, that is, rajm.
It is noteworthy that he did not annul the hadd after accepting wealth brought by ordinary Muslims, the poor and needy, or the mujahids. Therefore, by the consensus of the scholars, it is not permissible to accept wealth in exchange for the hadd. Moreover, everyone agrees that wealth accepted from an adulterer, thief, drunkard, rebel, bandit, and others to save them from the hadd is entirely unlawful and impure. Generally, most people’s conduct is contrary to morality and afflicted with corruption of character; invoking wealth and honor, they strive to annul the ruling of hadd. As a result, cities and ports, villages and countryside, rich and poor, king and subject, leader and soldier—in short, the entire body of society—becomes corrupt. Furthermore, for this reason the dignity of powerful rulers and judges is reduced to dust. Because they annul the hadd after taking bribes, even their positions become destabilized. If the hadd is annulled for one person, it becomes difficult to enforce it upon another, and they lose their moral strength. Ultimately, they become like the Jews and Christians. As stated in a hadith—
Arabic
“When a bribe enters through one door, trust and fidelity depart through another.”
Money collected in the name of ‘ta’dibat’ for the purpose of preserving royal authority and power is unlawful. At this point, the conduct of those stubborn hooligans and ruffians is noteworthy: after causing some mishap or committing wrongdoing for themselves or for another’s interests, they appear before the rulers with money and goods. As a result, their greed, lust, and audacity increase further. In this way they ruin the state’s reputation through bribery. The condition of a certain class of peasants is the same. As for drunkards, there is no need to explain. When a drunkard is caught, he pays money and gets away. Every drunkard assumes, ‘If I am caught, I will certainly secure my release through the power of money.’ Needless to say, there can be no blessing in bribe money or wealth earned through unlawful means. Rather, it creates disorder and ruin. Likewise, if a wealthy and respected person extends a helping hand to them and saves them from the hadd—for example, if a farmer or laborer commits a crime and appears before the king or amir, that is, the head of state or government, his personal assistant, secretary, or representative, and that person saves him through assistance and intercession against Allah and His Messenger—Allah and His Messenger have cursed such assistance and intercession. Imam Muslim (may Allah have mercy on him) narrated through Hazrat Ali ibn Abi Talib (may Allah be pleased with him) that the Messenger of Allah (peace be upon him) said—
Arabic
“Allah and His Messenger’s curse is upon whoever introduces an innovation or gives refuge to a criminal.” (Bid‘ah is the invention of any rule or principle fabricated in the Shariah.) The Noble Prophet (peace be upon him) further said—
Arabic
“If someone’s intercession becomes an obstacle to one of Allah’s hudud, then this is essentially an attempt to render Allah’s command ineffective.” (Muslim)
Therefore, if those entrusted with the power and responsibility to establish the hudud forgive and release a criminal in exchange for money, it is easy to understand what tremendous ruin this will bring. They may assist someone out of fear of his influence and power, or assist those who exceed the limits of bribery. Secondly, the wealth in exchange for which he is released may belong to the Bayt al-Mal or to the ruler. Bribes are sometimes accepted openly and sometimes secretly; in both cases bribery is prohibited and unlawful. This is the unanimous decision of Islamic jurists. For example, standing surety for a liquor seller, giving him a place for this purpose or arranging one elsewhere, assisting him in any other way, or permitting it after taking a bribe are all crimes of the same category. Arranging fornication by coercion and accepting payment in exchange, paying a soothsayer for divination, and selling dogs and accepting their price are all unlawful; bribery is likewise unlawful. Here, bribery falls under brokerage for the purpose of unlawful conduct. The Messenger of Allah (peace be upon him) said—
Arabic
“The price of a dog is impure, the payment for fornication is impure, and the fee of a soothsayer is impure.” (Bukhari)
Payment and remuneration for fornication, and the wages of a prostitute, are entirely unlawful. The same ruling applies to a eunuch—whether slave or free—one who engages in evil conduct with them, and a soothsayer. Accepting remuneration for any of these unlawful acts is also entirely unlawful.
The condition of judges and rulers who do not suppress crime and evil, do not enforce the hudud, but instead release criminals in exchange for money, is like that of those who make unlawful things lawful and the leaders of thieves. They resemble procurers involved in obscenity and fornication. Those who accept money in exchange for assisting adulterers are on the same level as bribe-takers. Moreover, their condition is like that of the old wife of Hazrat Lut (peace be upon him), who informed the sinful homosexuals of the arrival of Lut’s angel guests disguised as young men. Concerning her, Almighty Allah said—
Arabic
“So We saved Lut and his family, except his wife, who was among those who remained behind.” (Surah al-A‘raf 7:83)
The Qur’an also says, addressing Lut (peace be upon him)—
Arabic
“Travel with your family during a portion of the night, and let none of you look back, except your wife, who will certainly look back. So the same punishment that will befall those sinful people will also befall her.” (Surah Hud 11:81)
Thus, Allah Almighty included that old procuring woman in the same punishment that He sent upon the sinful people. All of this falls within transgression, and accepting money for it constitutes wrongful assistance. A person is appointed to governing authority precisely so that he may properly fulfill the duty of commanding good and forbidding evil. This is the fundamental purpose of governance. Therefore, when the ruler himself takes money and accepts bribes to create opportunities for the spread of evil in society, it contradicts the very purpose of his office. It is like sending someone to fight an enemy, only for him, upon arriving there, to help the enemy against his master. Another example is when money is provided for jihad but is actually spent on killing Muslims.
It may be explained in another sense that human welfare is achieved as a result of commanding what is right and forbidding what is wrong. This is because the security of the economic and social life of humanity lies in obedience to Allah and His Messenger. Such obedience can attain true perfection only through commanding good and forbidding evil. On this basis, the Muslim nation has been declared the “Khairah Ummah,” or ‘best nation,’ because it was created for the welfare of all humanity. It is said—
Arabic
“You are the best nation brought forth for humanity: you enjoin what is right, forbid what is wrong, and believe in Allah.” (Surah Al Imran 3:110)
It is also said—
Arabic
“There must be a group among you who calls people to goodness, enjoins what is right, and forbids what is wrong.” (Surah Al Imran 3:104)
Regarding the condition of the Children of Israel, it is said—
Arabic
“They did not forbid one another from the reprehensible deeds they committed. Evil indeed was what they used to do.” (Surah al-Maidah 5:79)
Almighty Allah further said—
Arabic
“When they forgot the warning they had been given, We saved those who forbade evil among them, but We seized the wrongdoers with a severe punishment because of their transgression.” (Surah al-A‘raf 7:165)
This verse states that those who refrained from sin were delivered from the punishment, while Allah Almighty subjected the sinful to a severe punishment.
It is narrated from Hazrat Thabit (may Allah be pleased with him) that Hazrat Abu Bakr al-Siddiq (may Allah be pleased with him), once delivering a sermon while standing on the Prophet’s pulpit, said: “O Muslims! You recite this verse, but you apply it with an incorrect meaning:”
Arabic
“O believers! Take care of your own souls. If you are rightly guided, those who stray cannot harm you.” (Surah al-Maidah 5:105)
I heard the Noble Prophet (peace be upon him) say—
Arabic
“When people see an evil deed but do not take steps to correct it, it is soon likely that Allah’s punishment will descend upon them all.” Another hadith states—
“The harm of a sin committed secretly is confined to the sinner concerned, but if it is committed openly and no steps are taken to correct it, even the general public is harmed by it. The same subject matter was discussed in the chapter ‘The Divine Hudud and the Rights of Allah,’ whose primary purpose was commanding good and forbidding evil.
Indeed, such righteous acts as prayer, fasting, pilgrimage, zakat, truthfulness, keeping trusts, kindness to parents, maintaining ties of kinship, and good conduct toward family members and neighbors are included under ‘Amr bil Ma‘ruf,’ that is, commanding good. It is the duty of rulers, judges, and officials of the administrative apparatus to command those under their authority to perform the prayer and to punish those who abandon it. All Muslim legal experts are agreed on this matter.
A second unanimous consensus is that it is obligatory to wage jihad against an organized group of Muslims who do not pray and deny the prayer. Likewise, there is a ruling to wage jihad against those who abandon zakat and fasting. Jihad must also be declared against what is unlawful, such as marrying a woman prohibited by the Shariah and causing disorder in society. It is also obligatory to wage jihad against a group that denies an explicit and unequivocal ruling of the Shariah, until Allah’s religion becomes victorious. Islamic jurists are in complete agreement on this matter.
If a person who does not pray is an individual, it has been stated that he should be beaten, punished, and imprisoned until he becomes regular in prayer. According to most scholars, if he denies the prayer, the government should execute him. The procedure, however, is that he must first be instructed to repent and begin praying. If he repents and starts praying, that is best. Otherwise, that is, if he denies it as an apostate, he must be executed.
The question is: on what basis is this execution carried out? Is it because he became a disbeliever by abandoning prayer, or because he became a sinner? There are two views on this matter. According to most Islamic legal experts, becoming a disbeliever after being Muslim is the basis for execution. This difference of opinion applies when he acknowledges that prayer is obligatory but does not practice it; however, if he denies that prayer itself is obligatory, then by unanimous agreement he becomes a disbeliever and apostate because of that denial. The ruling concerning all other obligatory, necessary, and prohibited matters is similar. If denial leads him to act contrary to them, execution becomes necessary. In this situation, the fundamental reason for the punishment is abandoning an obligation and engaging in prohibited acts. By unanimous agreement, it is obligatory upon the Muslim community to wage jihad against such a disobedient organized group. There are numerous proofs of this in the Qur’an and Hadith. Jihad is the finest deed of the servant. Once, someone appealed to the Noble Prophet (peace be upon him), saying—
Arabic
“O Messenger of Allah (peace be upon him), tell us of a deed equal to jihad in the path of Allah.” He said, “You are not capable of performing such a deed.” He said, “Tell me about it.” The Prophet (peace be upon him) said, “From the time the mujahid group sets out in the path of Allah until it returns, you should fast continuously without breaking your fast, and pray throughout the night without ever stopping. Are you capable of that?” He said, “Who could manage such a thing?” Then he said, “This deed may equal jihad in the path of Allah.” (Bukhari and Muslim)
He further said—
Arabic
“Paradise has one hundred levels, and the distance between one level and another is like the distance between heaven and earth. Allah Almighty has prepared this vast Paradise for those who wage jihad in His path.” (Bukhari and Muslim)
Furthermore, he said—
Arabic
“Islam—that is, surrendering oneself to Allah—is the foundation of all deeds, prayer is its pillar, and jihad in the path of Allah is the supreme deed.”
Regarding this, Allah has said—
********Arabic
“The steadfast believers are only those who believe in Allah and His Messenger, then entertain no doubt, and strive in the path of Allah with their lives and wealth. Indeed, they are the truly truthful.” (Surah al-Hujurat: 15)
The Most High Allah has also said—
********Arabic
“Do you consider providing water to the pilgrims and maintaining the Sacred Mosque equal to the deeds of one who believes in Allah and the Hereafter and strives in the path of Allah? They are not equal in rank before Allah, and Allah does not guide the wrongdoing people. Those who believe, emigrate, and strive in the path of Allah with their lives and wealth have the highest rank before Allah, and they are the successful. Their Lord gives them glad tidings of mercy from Him, His pleasure, and gardens in which they will enjoy everlasting bliss forever. Surely, with Allah is an immense store of reward and recompense.” (Surah al-Tawbah: 19–22)
[Eleven]
Punishment of highway robbers and bandits, and during wartime
the acts prohibited of the military forces
Punishment of highway robbers, bandits, and plunderers. When sending anyone to jihad, the Noble Prophet (peace be upon him) would advise him: Fight the enemy, but do not transgress the limits. Fulfill your promises and covenants; do not mutilate anyone on the enemy side by cutting off his ears or nose. Do not kill small children, nor people who remain inactive in their homes with their weapons. If the disbelievers mutilate Muslims, Muslims are also permitted to do the same to the aggressors, but refraining from it is preferable.
Regarding the punishment of highway robbers who plunder and seize the property of travelers and expatriates—whether they are rural villagers or townspeople, farmers or immoral soldiers, urban youths, or anyone else—the Qur’an states—
********Arabic
“The punishment of those who wage war against Allah and His Messenger and spread destructive terrorism in the land, in the Islamic court, is that they be put to death, crucified, have their hands and feet cut off on opposite sides, or be exiled from the land. That is their disgrace in this world, and in the Hereafter they will have a terrible punishment.” (Surah al-Ma’idah: 33)
Regarding highway robbers and plunderers, Ibn Abbas and others said: Imam al-Shafi’i narrated in his Sunan—
********Arabic
“If they kill and plunder property, they are to be put to death and crucified as punishment. If they only kill and do not plunder property, they are to be put to death but not crucified. If they only take property and do not kill, their hands and feet are to be cut off on opposite sides. If they merely spread fear without taking property, they are to be exiled.”
This is the ruling of Imam al-Shafi’i, Imam Ahmad, and most Islamic jurists. Moreover, this view is nearly identical to the opinion of Imam Abu Hanifah.
Among them may be people concerning whom the chief judge and the amir must exercise ijtihad and give special consideration. In either case, whether killing has occurred or not, the beneficial aspect must be kept in view. Depending on the nature and circumstances of the crime, the death penalty or another punishment should be imposed.
Even if they did not take money, if they were strong and courageous and had the power to seize it if they wished, the same ruling applies to them. According to some, if they plunder property, their hands should be cut off, but they should not be crucified. Most scholars support the first view.
If someone commits highway robbery and also kills, the imam, amir, judge, or ruler shall enforce the hadd against him and put him to death. Under no circumstances is it permissible to pardon such a person. According to Ibn al-Mundhir, consensus—ijma’—has been established on this matter. It does not depend on the opinion of the murdered person’s heirs.
Conversely, if someone kills another because of mutual hostility, enmity, or some other reason, the murdered person’s heirs have the right to demand execution, pardon him, or accept blood money. This is because the killing occurred for a specific purpose and a particular reason.
The consensus of the fuqaha, the experts in Islamic law, is that all highway robbers must be put to death. They have plundered and seized property, and like thieves, they cause extensive harm to society. Therefore, they must be executed on the basis of the hadd.
There is disagreement over whether it is obligatory to execute a killer under the principle of “a life for a life” when the victim is not the killer’s kufu, or equal in status—for example, when the killer is free but the victim is a servant or slave, or when the killer is Muslim and the victim is a non-Muslim dhimmi or musta’man, one granted state protection. However, the stronger view appears to favor execution. Since there is fear of widespread disorder, it is beneficial for society to execute such an offender on the basis of the hadd. Just as the hand is cut off for plundering or seizing property, imprisonment is imposed for violating another person’s rights.
If the opposing fighting group consists of violent criminals and thieves, and only one of them commits the killing while the rest assist him, it has been said that only the killer should be executed. According to most Islamic legal experts, however, all of them must be killed, regardless of their number. The same view has been narrated from the Rightly Guided Caliphs. Umar (may Allah be pleased with him) had an observer assisting the enemy executed. He would sit in a high place, watch the Muslims’ movements, and provide information to the disbelievers. The killer succeeds in committing the murder through the information and assistance provided by such people. Therefore, they share equally in reward and punishment, just as the mujahideen all share equally in reward and the spoils of war. The Noble Prophet (peace be upon him) said—
********Arabic
“The blood of Muslims is equal; even the responsibility for the least significant among them shall be fulfilled. Against their opponents, they are like a single arm. When a small force dispatched by the Muslims sends the spoils of war after victory, those remaining behind who dispatched it are equal partners in them.”
In summary, if a small force of a handful of soldiers is dispatched somewhere by a large Muslim army, then after victory everyone—including the entire army that remained behind and sent them—shares equally in the spoils they acquire. They were able to achieve victory through the strength and assistance of those who sent them. It is a separate matter that the soldiers of the small force may be given something extra in addition to their proportional share. The Noble Prophet (peace be upon him) also gave extra to the small forces in sariyyah expeditions—expeditions in which he did not personally participate. First, after the khums, or one-fifth, he gave them one quarter. Later, when people returned home and dispatched sariyyah forces from their local areas, he gave them one-third instead of the khums. Similarly, if the army acquires spoils, the sariyyah should also be included in them, because the sariyyah is also a Muslim military unit. They had been sent for a particular need, just as Talhah (may Allah be pleased with him) and al-Zubayr (may Allah be pleased with him) were assigned during the Battle of Badr. They had been sent for the welfare of the community and military necessity. Thus, as helpers, they too deserve to benefit from them equally with the others.
The same applies to those killed in an invalid and false war, such as wars driven by regionalism, sectarianism, tribal factionalism, and foolish issues from the Age of Ignorance. For example, the two tribes of Qays and Yamani became involved in an unjust war, and both sides were followers of falsehood. The Noble Prophet (peace be upon him) said—********Arabic—“If two Muslims attack each other with swords, both the killer and the killed will be in Hell.” (Bukhari and Muslim)
In this conflict, both sides earnestly sought to destroy each other. Although neither the killer nor the victim knew who would kill and who would be killed, both sides strove to defend themselves as best they could; nevertheless, one of them was killed.
But if they do not kill and only plunder wealth and property—as was the practice of most Arabs in the Age of Ignorance—then each person’s right hand and left foot must be cut off. Most imams, including Imam Abu Hanifah, Imam al-Shafi’i, and Imam Ahmad, support this view, and it is also supported by the Qur’an. It says—********Arabic
“Or their hands and feet shall be cut off on opposite sides.” (Surah al-Ma’idah: 33)
Since he carried out the plunder with his hand and advanced along the road with his foot, these two limbs must be cut off as punishment, in order to ensure social security and eradicate this criminal tendency completely. Then, to stop the bleeding, the wounds must be cauterized with boiling olive oil or by another method.**(Note: Various methods are currently used to stop bleeding. At that time, olive oil was used for cauterization for this purpose.) This is done so that he does not die. A thief’s hand is to be cut off by the same procedure.
Thus, cutting off the hands and feet contains a more terrifying punishment and deterrent than execution. When people see him moving about in society, they discuss among themselves that this is the consequence of such-and-such a crime, which instills fear in the public. The Qur’an says—**********Arabic “O people of understanding! In the punishment of qisas—the life for a life, a hand for a hand, and likewise the corresponding limb for each limb—there is security for human life. Moreover, people may forget the consequence of execution within a short time. For this reason, some people prefer being killed or dying rather than having their hands and feet cut off. Thus, it may be said that this punishment for theft is truly highly effective and instructive.”
If armed opponents drew their weapons but harmed no one and plundered no property, instead sheathing their swords, fleeing, or avoiding looting and conflict, they must be exiled. Exile has been explained to mean that they must not be allowed to gather in groups on the outskirts of any city, port, town, or settlement. According to some, exile means keeping them imprisoned. Others have said that the imam, amir, or ruler—that is, the state and judicial authorities—will determine whether exile, imprisonment, or another method is appropriate and beneficial to the nation. This is the meaning of expulsion or exile.
The method of carrying out the execution of an offender whose crime has been established under Shariah law is to execute him with a sword or another sharp weapon; this is the easier method. This is the established divine rule for executing human beings and slaughtering animals. Therefore, the Noble Prophet (peace be upon him) said—********Arabic
“Allah has prescribed kindness and excellence toward every living creature. When you execute a convicted offender under the law of the state, do so in the best manner; and when you slaughter an animal, slaughter it properly. Sharpen your knives so that the slaughtered creature may quickly be at ease.” (Muslim)
He also said—*******Arabic—“Believers are the most soothing in carrying out the execution of an offender.” The procedure of crucifixion, without cruelty, is to hang the person in a high place so that people can see him publicly and the matter may be widely publicized. According to the jumhur, the majority of Islamic legal experts, he should be hung in this manner after the execution has been carried out. Some hold that the offender should be crucified and executed while on the cross.
Some jurist-scholars consider it permissible to carry out executions by methods other than the sword. Mutilating a slain person by cutting off his nose and ears is not permissible at all. However, if they treated Muslims similarly, the Muslims would do the same to them. Nevertheless, refraining from such treatment was considered preferable. Thus, the Most High Allah says to the believers—
*********Arabic
“If you retaliate against the enemies, then retaliate only to the extent of what was done to you. But if you remain patient, that is better for those who are patient. And, O Prophet, be patient; yet you cannot be patient except through Allah’s help.” (Surah al-Nahl: 126–127)
It is narrated that this verse was revealed in response to the disbelievers’ brutal treatment of Hamzah (may Allah be pleased with him) and the martyrs of Uhud. Seeing the horrifying mutilation inflicted on them, the Messenger of Allah (peace be upon him), deeply grieved, said—
*******Arabic
“If Allah grants me victory, I will mutilate them twice as much as they have treated us.” Although the above verse had previously been revealed in Makkah, this verse was revealed again.
*******Arabic
“They ask you, O Prophet, about the mystery of the ruh. Say: ‘It is a command from my Lord.’” (Surah Bani Isra’il: 85)
Likewise, it is narrated that the following verse was revealed twice—
*******Arabic
“O Messenger! Establish prayer at the two ends of the day and in the early hours of the night. Surely, good deeds erase sins.” (Surah Hud: 114)
Similarly, the verse of Surah al-Nahl was first revealed in Makkah and then again in Madinah. That is, it was revealed twice.
The Messenger of Allah’s instructions to refrain from oppression on the battlefield
After this verse was revealed, the Prophet (peace be upon him) said—******Arabic—“Rather, we will be patient.” It is narrated in Sahih Muslim through Buraydah ibn al-Hasib (may Allah be pleased with him) that he said: Whenever the Noble Prophet (peace be upon him) appointed and dispatched someone as the amir, or leader, of a sariyyah, a small force, or of a large army, he would give him and his companions particular advice and guidance in God-consciousness, then say—
********Arabic
“Fight in the name of Allah, fight in the path of Allah, and fight those who, through disbelief in Allah, oppose those who follow the path of truth and justice. But do not transgress, betray, or mutilate, and do not kill children.”1 (Muslim) (1: This was the Noble Prophet’s military policy and character, rich in justice and human values. As a result, within the brief span of roughly half a century, the entire Arab world and half the world came under the shade of Islam, and the banner of Islam flew everywhere. At that time, tribalism, nepotism, regionalism, and similar superstitious customs were so powerful in Arabia that nothing comparable could be seen elsewhere in the world. Each tribe had its own deity. In opposition to tribal loyalty, justice, principles, and even humanity itself were disregarded. No matter how serious a wrongdoing committed by a member of one’s own tribe might be, it was not considered a crime when committed against another tribe, nor was there any punishment or remedy for it. Consequently, the great powers of that time, the Persian and Roman Empires, could not establish permanent dominion there. On the other hand, no one could unite the scattered indigenous tribes and establish a state under a single power. In reality, the deep-rooted false notion of tribalism was the main obstacle to Arab unity. The Holy Qur’an has presented a picture of that terrible tribalism by addressing the Noble Prophet (peace be upon him).
*******Arabic
It says: “Even if you spent all the treasures of the world, you could not create unity and harmony in their hearts; but Allah alone has brought affection and love into their hearts. Surely, He is Almighty, All-Wise.” (Surah al-Anfal)
In fact, in the contemporary world, tribal ideas operated literally only in the Arabian Peninsula, which is why this region was never absorbed into the Persian or Roman Empires. Even when it was, that situation was temporary. Thus, no great power could establish complete authority in this region. Conversely, the people themselves could not establish an independent, strong, sovereign state. From his childhood, the Noble Prophet (peace be upon him) had been renowned among the people by the title al-Amin. This was the title unanimously bestowed upon him by the people. He treated everyone equally. After the migration to Madinah, Allah Most High entrusted him with the responsibility of the caliphate. Within only four or five years, he succeeded in binding the mutually divided tribes together with the bond of unity and affection. Under his great leadership, the entire society, freed from the curse of tribalism of the Age of Ignorance, merged into one body and one soul. It was through this unity and discipline that the Roman and Persian Empires were forced to bow before Islamic dominance.
It is especially noteworthy that, seeing the heart-rending spectacle of the mutilation inflicted by the disbelievers upon the martyred body of Hamzah on the field of Uhud, the Noble Prophet, in his grief, said: “If we get the opportunity, we too will treat them similarly.” In this context, Allah addressed him, saying—
*****Arabic
“O Muslims! If firmness is necessary with the enemies, adopt only the same degree of firmness that was used against you; but if you remain patient, that is better for those who are patient. And, O Prophet, be patient, but you cannot be patient without Allah’s help. (Surah al-Nahl: 126–127) Then he said—********Arabic—‘Indeed, we will remain patient.’”
It was solely on the basis of moral character that he was able to establish an Islamic state throughout the Arabian Peninsula within four or five years. Yet, regarding the hudud prescribed by Allah, he showed no leniency toward anyone. In his conduct, firm principles, courage, foresight, generosity, and nobility of spirit were all manifested in the fullest sense. Moreover, through an outpouring of grace and mercy, he answered hatred, enmity, rebellion, and every form of injustice and oppression. The greater the oppression became, the more his hand of grace expanded in return. He implemented the purpose and essence of the Qur’an fully and with utmost sincerity. The Qur’an says—
***********Arabic
“Good and evil cannot be equal. Repel evil with what is best, and then the one between whom and you there is deep enmity will become as though he were a devoted friend. But this is granted only to those who are patient, and it is granted only to those who possess a great fortune.” (Surah Ha-Mim al-Sajdah: 34–35)
It is also said—
*******Arabic
“These are the people who will be given double reward in return for their patience, because they believe in the Torah and the Qur’an, repel falsehood with truth, and spend from the wealth We have given them in Our path.” (Surah al-Qasas: 54)
The life example of the Noble Prophet (peace be upon him) is worthy of reflection: although his own tribesmen and relatives inflicted various kinds of persecution upon him, caused him pain, and bloodied his sacred body through unjust attacks, even then, good supplications rather than curses emerged from his blessed tongue. After unspeakable persecution, these words came from his lips—
**********Arabic
“O Allah, forgive my people, for they do not understand.”
Indeed, such words are worthy of emerging from a prophet’s lips. Therefore, they provide food for thought for people of understanding. Ihsan, that is, magnanimity and grace, has four levels through which the wrongdoing and oppression of a people may be confronted: (1) forgiveness and pardon; (2) seeking istighfar for them—that is, supplicating Allah to forgive their offenses; (3) pleading before Allah because of the people’s wrongdoing and oppression: they behaved this way only because they did not understand; otherwise, they would not have acted so; (4) he was so kind toward his people that he sought Allah’s grace by saying, “O Allah, these are my own tribesmen and relatives.” Just as someone speaks on behalf of his son, servant, or friend, saying, “He is my son, servant, or friend; please do this for him and accept his request.” Consider how deeply such a plea would affect them if a beloved person interceded for his own people in this manner. This is the Prophet’s exalted character, miracle, sincerity, and self-sacrifice—an example that has astonished and moved the world. Through his qualities, he captivated everyone.
Then Makkah was conquered with full pomp and grandeur, and he entered it as a victor. The defeated Quraysh leaders were brought before that very Prophet whose persecution had tormented him and even driven him from his homeland.
Among the captives was the man who had placed a camel’s entrails on the back of the Prophet while he was prostrating in prayer. Also present were the Quraysh officials who had gone to Abyssinia to oppose the Muslims who had migrated and sought refuge with the Abyssinian emperor, Negus. There was the man who had severely wounded Hazrat Siddiq-e-Akbar (may Allah be pleased with him) for preaching the Kalimah of Tawhid; the man who had proposed killing the Noble Prophet (peace be upon him) at a council meeting in Dar-un-Nadwah; those who had joined the pact to assassinate him; the instigators who had kept the Noble Prophet (peace be upon him) confined in “Shi‘b Abi Talib” for three years; the tyrants who had forced him to leave his beloved birthplace, Makkah; the unbelievers who had participated in the battles of Badr, Uhud, and Khandaq; the wretched criminal who had killed Hazrat Hamzah and mutilated his body; those who had incited the Arab tribes against the Prophet; and the masterminds of conspiracies against Islam and the Prophet—in short, the mortal enemies of the Prophet. They now stood before the Noble Prophet, bowed down as war criminals in captivity. Yet, despite entering Makkah in the guise of a victor, these crimes deserving death were addressed by the Noble Prophet (peace be upon him) in these words:
**********Arabic
“Whoever enters Abu Sufyan’s house shall be safe; whoever closes the door of his own house, and whoever enters the mosque, shall also be granted safety.”
Then, standing at the door of the Ka‘bah, he announced:
********Arabic
“There is no deity except Allah. He is One, without partner. He has fulfilled His promise, aided His servant, and alone defeated all the tribes. Beware! All claims of blood money, blood vengeance, or property due to be claimed are placed beneath my two feet. However, the responsibility for guarding the key of the House of Allah and providing water to the pilgrims shall remain with the former custodians.”
Then the Noble Prophet addressed the Quraysh of Makkah in a very solemn voice and announced:
*********Arabic
“O Quraysh! What treatment do you expect from me today?”
The Quraysh replied, “Good treatment, because you are our kind brother and noble nephew.” In response, the Noble Prophet (peace be upon him) made his historic declaration: *******Arabic “Go, you are all free today.” His mercy and favor are a matter of honor for humankind. How could he have taken revenge for their past misdeeds?
This is the mercy and favor of the Noble Prophet, and the God-fearing nature of the foremost leader of the Islamic Caliphate—an excellent example for humankind and a perpetual charter of salvation.
*******Arabic )
If unbelievers advance toward Muslim settlements armed with weapons, intending to plunder wealth, should they be called muharib—that is, aggressive combatants who have declared war? There is disagreement on this matter. Some hold that they should not be called muharib aggressors, but rather antisocial bandits and hooligans, against whom the inhabitants of towns and settlements would naturally rush to seek help. According to the majority, a large settlement and an uninhabited desert have the same ruling. Imam Malik, Imam al-Shafi‘i, most of Imam Ahmad’s disciples, and some disciples of Imam Abu Hanifah support this view. In reality, however, such criminality in towns and cities deserves a harsher punishment than robbery in uninhabited open country, because populated areas are more secure. It is easier for people to come quickly to one another’s aid. Thus, in such places, only a powerful group can undertake robbery and plunder. Possessing considerable courage, they dare to enter citizens’ homes and forcibly seize their wealth and belongings. By contrast, travelers usually carry little property, so attacking them requires only modest strength. This view concerning them is sound and reasonable.
If they engage in combat with sticks, clubs, or stones, they too shall be called muharib. The jurists have expressed the following view on this matter: *******Arabic “Combat can occur only with sharp weapons.” Some have cited the consensus of the scholars that combat carried out with sharp and heavy weapons is called muharabah. Regardless of whether there is disagreement on this issue, the sound view is that upon which the Muslims have established consensus. That is: whoever resorts to killing and plundering in order to seize wealth is worthy of being called a muharib, bandit, plunderer, and so forth, regardless of how he initiates the conflict. Just as an unbeliever fighting against Muslims is called harbi, so he is called harbi regardless of whether he fights with a sword, spear, stone, or anything else, while the opposing Muslims are called mujahids in the path of Allah. As for those who secretly kill in order to seize property—for example, those who establish shops, travelers’ lodges, or residential hotels at notable roadside locations and provide lodging to travelers, then kill and rob any foreign traveler who falls within their reach; or those who pay tailors, physicians, or traditional doctors to come to their homes, deceive and kill them, and seize everything they possess—after plundering property in this way, should they be called muharib, and should the hadd be imposed on them? The jurists hold two views. (1) They are included among the muharib. For killing openly and killing by deception are both of the same category; in either case, preserving one’s life becomes difficult. Indeed, conspiratorial killing is more dangerous than open killing, because self-defense may be possible against open killing, whereas protecting oneself from secret killing is much harder. (2) Only the open killer is truly a muharib. Moreover, the matter of a killer who uses deception falls under the rights of the victim’s heirs. The first view, however, is more consistent with the principles of the Shariah, because the danger of harm in this case is greater than that posed by the muharib.
What is the ruling if someone kills a head of state? The jurists differ on this matter. For example, Hazrat Uthman (may Allah be pleased with him) and Hazrat Ali (may Allah be pleased with him) were martyred. Are their killers muharib? Should the hadd be imposed on them, or should the case be entrusted to the heirs? There is disagreement on this issue. Two views have been transmitted from Imam Ahmad. According to one, the killer is a muharib, because killing such a high-ranking state official creates a grave risk of disorder and upheaval in society.
[Bar]
The Punishment of Those Who Kill the Government or Head of State
If the killer of a sultan or caliph is a muharib, should the hadd be imposed on him, or should the matter be entrusted to the heirs? If the succeeding president or his representative summons the killer, but members of his tribe or party come to his aid and prepare for combat, then the Islamic jurists unanimously agree that Muslims must fight them until the killer and his supporting partisans are defeated and arrested.
If a sultan, deputy sultan, president, head of government, or governor summons the killer of a head of state to court so that the hadd may be imposed upon him according to justice, and the killer’s supporters prepare to engage in combat, then it is obligatory upon all Muslims to launch jihad against them, with the support of the government forces. The fighting must continue until they are defeated. Islamic jurists of every rank hold the same view on this matter. If they will submit only under threat of the death penalty, they must be subdued by whatever means are possible. To preserve law and order, these rebels, including the killer’s supporters, must be executed on a large scale. For that was a matter of enforcing the hadd, whereas this is confrontation against Islam. Therefore, since it is genuine jihad, its importance is greater. By creating disorder in society and acting in groups, they plunder wealth, destroy crops, cause loss of life, and engage in socially destructive activities. Their purpose is neither to establish the religion nor to serve the country. They are comparable to those who wage war against Islam, who form groups in fortresses, on mountain peaks, or in valleys to rob travelers of all their possessions and commit unjust killings. If the king, governor, ruler, or army calls them to obedience and tells them to repent, seek forgiveness, join the Muslims, and submit to the hadd, they respond by starting a war and taking measures in self-defense. Their condition resembles that of those who rob pilgrims and travelers, or bandits who lie in ambush on mountain slopes, or highwaymen who suddenly attack travelers heading to another country. Nevertheless, confronting them is not the same as confronting unbelievers, because they are not unbelievers. Before they plunder others’ property, it is not lawful to seize their property. If they do plunder, equivalent compensation must be taken from them when the actual plunderer cannot be identified. But when the actual plunderer is identified, the plunderer and all his helpers are equally culpable, as discussed previously. Thus, once the plunderer is conclusively established, property equal in value to the stolen goods shall be recovered from him as a penalty. Otherwise, responsibility shall fall upon the wealthy members of his own tribe. If it is difficult to collect the compensation from them, then, in the interests of the nation, monthly salaries should be fixed for the soldiers fighting them. This is because the war is being waged to enforce the hadd and prevent social disorder. If any of the enemies of Islam and the people is seriously wounded, their treatment is their responsibility; if he dies, let him die without medicine. If they flee, there is no need to pursue them unless public safety is at risk. However, if the hadd has become obligatory upon anyone, or public safety is threatened, pursuing them is essential.
Those among them who are captured shall have the hadd imposed upon them like the others. Some jurists favor an even stricter policy: booty should be taken from them and one-fifth, or khums, should be set aside from it. Most jurists, however, oppose this view. But if they take refuge in another country outside the Islamic state and actively conspire there against the Muslims, they must be sentenced to death for taking up arms against the Muslims.
A group of people do not commit robbery or highway robbery, but in return for guarding caravans and ensuring their safety, they collect a fixed amount from each traveler and from each camel or other animal. This falls under the category of taxation. Therefore, they should be punished like those who unlawfully collect taxes. Islamic jurists disagree about executing such criminals, because they are not bandits or highway robbers, while roads remain safe without them. They are ******Arabic (They will receive severe punishment on the Day of Resurrection.)
The Noble Prophet (peace be upon him) said regarding a woman from the Ghamid tribe:
**********Arabic
“She has repented with such repentance that if militant tax collectors had repented in the same way, they too would have been forgiven.”
No money should be spent on those whose property the Muslim army is fighting the muharib to recover, as long as it is possible for them to fight. The Noble Prophet (peace be upon him) said:
*********Arabic
“Whoever is killed while defending his property is a martyr; whoever is killed while defending his life is a martyr; whoever is killed while defending his religion is a martyr; and whoever is killed while protecting the honor of his family is also a martyr.”
In this context, the jurists used the ****Arabic word, meaning an oppressor without ta’wil or state power.
If they cannot be subdued except through war, then war must necessarily be undertaken. But if they can be turned away from this evil path by spending some money for the purpose of reform, without engaging in conflict, that too is permissible.
But if their purpose is to assault someone’s honor, violate the honor of someone’s mother, sister, wife, daughter, or the like, or commit an evil act with a woman or child, then they must be confronted even at the cost of life and property. If necessary, war must even be waged against them. In other words, no opportunity for such depravity may be allowed under any circumstances. However, if the objective can be achieved by paying money, that is permissible. Even so, one must not tolerate the violation of one’s own honor or that of women.
If the intention is to kill someone, then protecting life is certainly necessary, and taking defensive measures is essential.
The scholars, Imam Ahmad, and the followers of other schools have expressed two views on this matter. This is merely a military measure while a sultan or ruler of the country exists. But, God forbid, if a major fitnah arises in the country because two rulers struggle for power, then the people should remain neutral and join neither side. Imam Ahmad and the other schools also hold two views on this matter.
If the king is able to arrest thieves, hooligans, bandits, and plunderers, he must recover the stolen goods from them, return them to their rightful owners, and impose the hadd upon them. The same ruling applies to thieves. When sound evidence is found, the stolen property should be recovered from them, using beating and punishment if necessary, returned to its owner, and they should be imprisoned. They must then produce the stolen goods through an attorney or disclose where they have been hidden. They should receive the same punishment imposed on those who fail to pay what is due to creditors. Likewise, if a husband and wife refuse to fulfill each other’s rights, or if a wife is disobedient, the Shariah prescribes punishment; the same applies here. Indeed, they deserve an even harsher punishment because they have failed to fulfill the rights of the rightful claimant. Nevertheless, the owner has the right to pardon the offender and may waive the punishment if he considers it appropriate. The matter of the hadd, however, is different. No one has the right to prevent its enforcement or to pardon it. It is a definitive injunction prescribed by Allah.
It is the duty of the imam or governor to recover compensation from a thief if he has destroyed the stolen property, just as compensation is recovered from a usurper. Imam al-Shafi‘i and Imam Ahmad support this view. However, time must be granted to one who is unable to pay. Some have said that compensation and amputation of the hand cannot both be imposed together; this is the view supported by the followers of Imam Abu Hanifah. According to others, the ruling concerning compensation applies only when the person is financially able; this is supported by Imam Malik. It is not permissible for the government to collect from the owner the costs, supplies, or compensation involved in confronting thieves and bandits or searching for property. Government authorities may under no circumstances pressure the owner to pay compensation for themselves or their soldiers. Rather, confronting them is akin to jihad. Therefore, the expense must be borne from the same source from which jihad is funded. If the mujahids have been granted land or assigned salaries by the government, that is sufficient; otherwise, their needs shall be met from the Bayt al-Mal, because this too falls under jihad fi sabilillah.
If a traveler who has failed to pay zakat happens by chance to be captured along with a thief, zakat must be collected from him and spent on this jihad, just as funds are spent on soldiers fighting against bandits.
If, because they are powerful, financial assistance is deemed necessary to win their hearts, it may be given from the fay’ and zakat funds only to their leaders, on the condition that they either bring the others before the authorities or abandon their terrorist activities. It is permissible for the imam to take such measures, because their strength will thereby be weakened. They will then fall under the category of mu’allafatu al-qulub. The Qur’an, Hadith, the principles of the Shariah, Imam Ahmad, and other eminent imams support this view.
The weak, travelers, merchants, and wealthy people should not be sent to confront thieves, bandits, and terrorists. Rather, the ruler should obtain financial assistance from the wealthy and send strong, brave, and trustworthy people for this task. If such people cannot be found, an alternative arrangement may certainly be considered.
Some government officials, leaders, deputy leaders, chiefs, rulers, and senior military officers openly or secretly support and patronize terrorists and antisocial thieves and bandits, directly or indirectly, and take a share of their plunder. They persuade the complainant to settle for a small amount of money, and the complainants agree because they are compelled to do so. This is a serious crime. They are even more dangerous criminals than the chiefs of thieves and bandits, because those criminals can be subdued, whereas these people are difficult to suppress.
Thus, the ruling concerning them is that they too are guilty of a punishable offense because they support antisocial elements. Therefore, if the bandits kill, they too must be executed, according to Hazrat Umar (may Allah be pleased with him) and most scholars. If the bandits plunder property, their right hands and left feet may likewise be amputated. If they are involved in both killing and plundering, they must be executed and crucified. Some scholars hold that their hands and feet should be amputated, they should then be killed, and afterward crucified. According to others, there is a choice between killing and crucifixion. Although they did not actually participate in the plunder or robbery, nor openly authorize it, they took a share of the stolen property. After their capture, they abused their authority for personal gain and greed, undermining the ruling of the Shariah, even though the hadd was obligatory upon them. Fulfilling the rights of Allah and His servants is obligatory. By sheltering them and providing refuge for them, they participated equally in the killing and plundering. Thus, they too are criminals upon whom the curse of Allah and His Messenger has descended. Accordingly, it is narrated in Sahih Muslim through the report of Hazrat Ali (may Allah be pleased with him) that the Noble Prophet (peace be upon him) said:
*********Arabic
“Allah has cursed the offender, the sinner, and the one who gives shelter to an offender.”
If it is proven that someone has sheltered an antisocial criminal, the person providing shelter must be ordered either to produce the criminal or to indicate his location. If he properly complies with the order, that is best; otherwise, until the criminal is arrested, it is not unlawful to detain the shelterer and, as necessary, beat or physically mistreat him to learn the criminal’s whereabouts. It has been stated above that there is no alternative to punishing a person who obstructs or delays the payment of property that is obligatory.
Whoever knows the location of the sought property or person is obliged to disclose this information. It is not permissible for him to conceal it. In reality, this constitutes cooperation in righteousness, and cooperation in piety and righteousness is obligatory. Conversely, if information about someone’s life or property is being sought unjustly for the purpose of oppression and persecution, it is not permissible at all to disclose it, because that essentially amounts to helping sin and wrongdoing. Rather, concealing and preventing the disclosure of such information is obligatory, because helping the oppressed is obligatory. It is narrated through Hazrat Anas ibn Malik (may Allah be pleased with him) that the Noble Prophet (peace be upon him) said:
*********Arabic
“Help your oppressing brother and your oppressed brother.” I asked, “O Messenger of Allah (peace be upon him), helping an oppressed brother is understandable, but how should I help an oppressor?” He replied, “Prevent him from committing oppression; that is your helping him.” (Bukhari, Muslim)
It is narrated from Hazrat al-Bara ibn Azib (may Allah be pleased with him) in Bukhari and Muslim that the Noble Prophet (peace be upon him) commanded me regarding seven things and forbade me from seven matters. He commanded me to visit the sick, attend funerals, respond to sneezing, fulfill oaths, accept invitations, and help the oppressed. He forbade the use of gold rings, drinking from silver vessels, wearing all kinds of silk garments—thick, fine, or thin—and playing games of chance.
In short, if a person who knows the criminal’s whereabouts refuses to provide the information, it is permissible to detain him until he discloses it or to impose another punishment. Before imposing punishment, however, it must be conclusively proven that he knows the location. The governor, judge, and everyone concerned must apply this ruling seriously: before punishing such an informed person, a thorough investigation must establish that he possesses the hidden information. The matter is not that only he was obliged to disclose it while you were not obliged to fulfill your duty, nor is it permissible to punish one person for another’s offense. For the Qur’an says:
********Arabic
“No bearer of sin shall bear the burden of another.” (Surah al-Najm: 38)
The Noble Prophet (peace be upon him) said: ******Arabic
“Know that every sinner sins only against himself.” That is, he himself must suffer the consequences.
An example would be demanding money from a person who was neither anyone’s guarantor nor attorney and possessed no property from which it could be recovered, or punishing someone for an offense committed by his relative or neighbor even though he had not failed to perform any obligation, committed no forbidden act, and genuinely did not know the oppressor’s whereabouts. It is therefore not permissible to punish him. Punishment is deserved only by the actual offender. If he knows the location, however, he is obliged to disclose it. Based on the Qur’an, Hadith, and consensus, this cooperation is obligatory upon him. But if, like sectarian or tribal partisans, he refuses or refrains from disclosing the location out of fear, to provide unjust support or favor to the oppressor, or conceals the information because of personal hostility toward the oppressed, then Allah says concerning this:
*******Arabic
“Do not let hatred for any people cause you to act unjustly. Be just; that is closer to piety and God-consciousness.” (Surah al-Ma’idah: 8)
Alternatively, it may be that the accused refuses, out of cowardice, to assist the religion in establishing justice, or refuses with the intention of belittling Allah’s religion, as the irreligious do. When they are told, “Come, let us strive in Allah’s path,” they become indifferent and sit down on the ground. In short, according to scholars of every rank, such people are liable to punishment.
Those who actively pursue this course destroy the hadd prescribed by Allah and the rights of His servants. These people, weak in strength, power, and bravery, are like one who possesses the property of an oppressor and deceiver but does not hand it over to the just judge and ruler carrying out his religious duty. Consequently, because of his non-cooperation, they are prevented from fulfilling their duty. Thus, they are punishable criminals. However, the reason he does not report it or produce the criminal or the stolen property is that the claimant himself would subject him to oppression and persecution. Otherwise, he is a benevolent and righteous person; yet it is extremely difficult to determine what constitutes unlawful assistance and what constitutes a situation arising from the desire to escape oppression and persecution. The possibility that suspicion and the prompting of desire may combine is present here. Therefore, it is the judge’s duty to distinguish truth from falsehood.
This situation generally arises among wealthy people in villages or cities. As soon as a relative, friend, or asylum-seeker asks for their help, the fire of this unjust partiality is kindled in their hearts. Moreover, the desire to establish their influence and prestige among the morally corrupt encourages them to commit this injustice. Thus, they nullify the rightful claims and lawful dues of both the oppressor and the oppressed. Especially if the oppressed person is a wealthy person of their own standing, they regard handing over the asylum-seeker as humiliating for themselves and contrary to their self-respect. Yet this is the unlawful product of an ignorant, jahili way of thinking. In reality, such people are the principal source of corruption in both religion and worldly life. It is reported that most of the wars and bloody conflicts of the Age of Ignorance occurred for this reason. The impulses of nepotism and tribalism encouraged Banu Bakr and Banu Taghlib to engage in the historically famous bloody conflict known as “Harb al-Basus” (the Basus War).* (Note: The cause of the war known as “Harb al-Basus,” fought between the famous Arab tribes of Bakr and Taghallub at that time, was as follows: One day the influential tribal chief Kulaib Wa’il ibn Rabi’ah saw an unfamiliar she-camel grazing alongside his own; it belonged to a guest of Basus bint Munqidh of the Tamim tribe. That another’s she-camel should graze and eat grass in the pasture alongside his own deeply wounded his sense of honor. He immediately wounded the she-camel’s udder with an arrow and drove it away. When the injured camel returned home, Basus saw it, put her hand on her head, and cried out, ****Arabic “Alas… what humiliation!” This immediately created widespread agitation among the Bakr tribe. A man of the Bakr tribe killed Kulaib with a spear. Consequently, a bloody conflict broke out between the two tribes, continuing uninterrupted for forty years from 891 CE. In the end, countless lives on both sides were lost, and numerous families were ruined and destroyed. Yet there had been no significant event at its root. Artificial ethnic pride, clan honor, unjust excess, and a ruinous desire for revenge were the principal causes of this war.)
It was through the flames of barbaric, tribalist thinking and self-conceit from the Age of Ignorance that the Turkic-Tatar barbarians were able to devastate the Muslim world. For the same reason, they found it easy to establish their domination over the sultans and kings of Transoxiana, Khurasan, and other regions. Behind the false splendor of that same jahili tribalism, ethnic pride, and aristocracy, they seized the Muslim empire and reduced to dust the Muslim civilization built over a thousand years.* (Note: Among the other symptoms behind the collapse of the Abbasid Empire, aristocracy and unjust self-conceit were also largely responsible. Its boundaries stretched across a vast territory—from Arab and non-Arab lands, Iran, and Rome to Sindh. Europe and Asia lay within its sphere of influence. Powerful emperors such as al-Mansur al-Abbasi, Harun al-Rashid, and al-Ma’mun al-Rashid opened the doors of knowledge and science for the advancement of human civilization. They taught the world methods of governance; it was through their liberal policies that Europeans gained access to knowledge. Throughout the empire’s vast expanse, renowned universities and centers of learning were established through their inspiration. In a word, it would not be an exaggeration to call them teachers of the entire world. As a power of their time, they stood at the pinnacle of honor. But after deviating from the path of religion (after 107 AH), the entire nation became weak and incapacitated, falling victim to jahili tribalism, madhhab-based conflict, Shia-Sunni disputes, and other forms of fragmentation—reminding one of the condition of the Jews and Christians during the time of the Noble Prophet (peace be upon him). Their condition can be understood in the words of the Qur’an, as follows:
***********Arabic
“The Jews said, ‘The Christians follow nothing,’ while the Christians said, ‘The Jews follow nothing,’ although both recite the Scripture.” (Surah al-Baqarah: 113) In any case, the seeds of division and tribalism spread everywhere—in villages and towns, cities and markets, mosques and madrasahs; in a word, among everyone from the populace to the soldiers. As a consequence of this internal strife, fighting and bloodshed began among them. The Shia community began thinking of establishing its own state. Eventually, it found the opportunity. Alqami, the Shia vizier of the Abbasid Caliphate, invited Genghis Khan to attack the caliphate, through sectarian division. The nation had already been trapped in the net of division behind tribalism and communalism. So who could now stop the Tatar marauders? Thus, a stream of blood was made to flow through Baghdad. The great city swam in the sacred blood of nearly one hundred and fifty thousand Muslims, most of whom were scholars, eminent men, amirs, wealthy people, and military commanders. In short, as a result of internal strife and religious sectarianism, the Islamic civilization built through the endeavors of many hundreds of years was reduced to dust in an instant. Even in such circumstances, the nation did not regain consciousness. The mutual disagreement between the Khwarizm Shah and the Abbasid caliphs was then at its height. The Ghurid dynasty ruled Ghor, Afghanistan, and India. Saladin was eliminating Egypt’s Fatimid dynasty. In precisely this situation, the savage Tatars, supported by the Khwarizm Shah, dealt a devastating blow to the Islamic empire. Consequently, the Islamic empire, Asia, and the countries of Eastern Europe came under Tatar control. Thus, the Islamic civilization and Muslim empire gradually built through more than a thousand years of effort disappeared into the terrible maw of self-destruction. Therefore, ******Arabic O thinker, O people of wisdom!
The caliphate whose foundation the Noble Prophet (peace be upon him) himself laid in Madinah Tayyibah, and which Hazrat Abu Bakr al-Siddiq and Hazrat Umar al-Faruq (may Allah be pleased with them) administered according to the principle *******Arabic “In our religion, the development of leadership is only service”; the caliphate whose fundamental principles were the Qur’an and Sunnah, whose constitution had been revealed from heaven, and which subdued half the world in less than half a century; whose irresistible advance of influence throughout the world assured humanity peace and security; which was regarded as the center of human security; which established brotherhood, equality, compassion, God-consciousness, justice, and righteous principles in human society; which was a divine favor for the welfare of humanity; which guaranteed comprehensive reform in religious and worldly affairs; which served as the meeting place of Arabia’s quarrelling tribes, and toward which even the angels of heaven looked, wishing to build nests—its actual form thus vanished into the womb of the past. In this way, injustice, oppression, luxury, and sin completely destroy an individual, family, tribe, or nation; likewise, laziness, greed, aristocracy, and ethnic pride break a nation’s political and economic backbone. *******Arabic “Therefore, people of understanding should reflect deeply.”) History contains countless proofs of this. Whoever humbles himself for Allah, Allah grants him honor. Whoever practices justice and considers himself insignificant, Allah honors him. For the God-fearing, the pious, and the abstinent are honored and more dignified in Allah’s sight. But whoever rejects the truth and seeks honor through force and oppression is a sinful wrongdoer; Allah disgraces him, and he is humiliated by his own deeds. Allah says—
*******Arabic
“Whoever desires honor should know that all honor belongs to Allah.” (Surah Fatir: 10)
Allah says concerning the hypocrites—
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“The hypocrites say, ‘When we return to Madinah, the honorable people there will drive out the humiliated,’ whereas true honor belongs to Allah, His Messenger, and the believers, but the hypocrites do not know.” (Surah al-Munafiqun: 8)
It is further declared concerning people of this character—
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“O Prophet! The speech of some people concerning worldly life impresses you, and they call Allah to witness what is in their hearts, yet they are the fiercest of your opponents in dispute. When they depart, they strive throughout the land to spread corruption and destroy crops, people, and animal offspring; Allah does not love corruption. When such a person is told, ‘Fear Allah,’ his empty arrogance and pride drive him into sin. Hell is sufficient for such a person—how evil and vile a resting place it is.” (Surah al-Baqarah: 204–206)
Therefore, it is the duty of the person granting asylum to verify whether the asylum-seeker is truly oppressed. If he is genuinely persecuted and wronged, he should grant him refuge. Merely making a claim does not establish that someone is oppressed; there must be a valid reason and an effective basis behind it. For it often happens that a person cries out that he is being persecuted while he himself is an oppressive tyrant. Therefore, one must question the people around him and some opponent in order to learn the true facts. If investigation proves him to be a genuine oppressor, one should try to make him desist from oppression through advice and persuasion, strive to bring him to the righteous path through gentle conduct, summon both parties and seek reconciliation if possible, and use force where necessary. If all efforts fail, he should be handed over to the state authorities.
If the situation is such that each of the two parties is both an oppressor and an oppressed person—as is commonly the case with slaves to passion and hedonists, and is often seen among the Qays and Yamani tribes and among city and rural inhabitants—or if neither party is an oppressor but they have entered into conflict because of some suspicion or mistaken interpretation, then one should attempt to resolve the underlying dispute, even resorting to arbitration if necessary. Allah has said—
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“If two groups of believers fight each other, reconcile between them. If one of them transgresses against the other, then fight the transgressing group until it returns to Allah’s command. If it returns, reconcile between them with justice and fairness. Surely Allah loves those who uphold justice. The believers are but brothers, so reconcile between your brothers and fear Allah so that you may receive mercy.” (Surah al-Hujurat: 9–10)
It is further declared—
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“There is no good in most of their private discussions, except in the case of one who advises charity, righteousness, or reconciliation among people. Whoever does this seeking Allah’s pleasure, We shall grant him a tremendous reward.” (Surah al-Nisa: 114)
It is narrated from the Noble Prophet (peace be upon him) in Abu Dawud that he was asked: “Is helping one’s own tribe concerning the truth considered the tribalism of the Age of Ignorance?” He replied, (***Arabic) “No.” He further said—
*******Arabic
Rather, helping one’s tribe in a wrongful act is tribalism. He said—
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“The best defender among you is the one who defends his tribe without becoming involved in any crime.”
The Noble Prophet (peace be upon him) said—
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“Whoever helps his tribe in wrongdoing is like a camel that has fallen into a well and wags its tail.”
He further commanded—
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“When you hear that someone has raised the banner of ignorance, tear it up by the roots so that it cannot grow.”
In short, every hereditary, territorial, ethnic, religious, or other appeal, call, invitation, and interpretation opposed to the message of Islam and the Qur’an is the darkness of jahili ignorance, that is, the ignorance of the pre-Islamic age. Whoever does this is as though he has raised the banner of ignorance. This resembles the two men among the Muhajirun and Ansar who, when they became involved in a dispute by chance, one Muhajir cried out—*******Arabic “O Muhajirun!”—and an Ansari shouted—******Arabic “O Ansar!” Therefore, in that situation, the Messenger of Allah (peace be upon him) had to say—*******Arabic
“Are you invoking the call of ignorance while I am present among you?”
In short, he expressed profound displeasure at their conduct.
[Thirteen]
On the Basis of Testimony or the Person’s Own Confession
The Matter of Cutting Off the Thief’s Hand
When theft is proven through testimony or the thief’s own confession, his hand must be cut off without delay. Imprisoning him or releasing him in exchange for money is unlawful.
Cutting off the thief’s hand is obligatory. This is firmly established by the Qur’an, Hadith, and ijma’. The Almighty Allah has said—
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“Cut off the hands of the male thief and the female thief as a punishment for what they have committed—a deterrent ordained by Allah. Allah is Almighty, All-Wise. But whoever repents after committing the offense and reforms, Allah will accept his repentance. Surely Allah is Most Forgiving, Most Merciful.” (Surah al-Ma’idah: 38–39)
Once the crime of theft has been established through testimony or the person’s own confession, the hadd must be imposed and the prescribed punishment carried out without delay; postponement is not permissible. He may not be detained in prison or released in exchange for fidyah, that is, money. His hand must be cut off in daylight at the appointed time. For just as striving in Allah’s path is an act of worship, carrying out the hadd is also counted among acts of worship, and one must believe in one’s heart that implementing the hadd is a special favor from Allah for humanity.
Therefore, rulers, judges, and state officials should be firm in this matter without showing pity or compassion, and the hadd must never be annulled. They should hold in their hearts the belief that we have undertaken to impose the hadd as a favor from Allah upon the people and to restrain those inclined to crime from evil deeds—not out of arrogance or anger, but as a father disciplines his son. If a father, shirking the task of making his child civilized, hands him over to his mother, then because of her maternal tenderness she will be unable to properly raise him. As a result, the boy’s character will be ruined. In reality, it is through the father’s strict discipline that the son becomes civilized, peaceful, educated, and virtuous. This is the father’s essential responsibility and his true favor toward his son.1 (1. Note: Some shallow thinkers in the modern world describe cutting off the hand for theft as a barbaric law and severe punishment. But reality bears witness to the complete opposite of this idea. If the hand of one or two people in a village, community, or locality where theft occurs is cut off, the entire locality becomes peaceful and secure, and no one dares to steal again. Thus, it can be seen that this cutting off of the hand brings immeasurable benefit to society. By contrast, the punishment for theft introduced today under human-made law is, in the poet’s words, “severe is the night of sin after punishment…” Such punishment only harms society and provides no benefit. A new thief goes to prison, mixes with experienced thieves, and returns as a skilled thief. Yet if the punishment prescribed by Islam is implemented, the possibility of theft is completely eliminated. Allah is also pleased, while peace, security, and comfort descend upon society. Furthermore, after learning the benefit and underlying wisdom of the hadd, the punished person is also satisfied, thinking that at least one means of gaining release from the severe punishment of the Hereafter has been attained. This may also lead the offender to adopt taqwa. Thus, happiness and peace are established in society and the state.
In short, the Shariah punishment of the hadd contains endless blessings and diverse benefits. Peace descends upon both worldly and eternal life. May Allah grant the people of the world the ability to understand the importance of this matter. Even if not the entire world, may at least the Muslim countries strive to implement this Islamic penal law and gain the opportunity to enjoy its benefits. Or, they should be like the compassionate physician who gives a patient bitter medicine to cure his illness; or like the decaying limb of the human body which, when severed from the body through surgery, preserves the remaining parts; or like the wound made on the body in order to draw out diseased blood by cupping, while temporary pain is endured for the sake of future good. In short, people endure all these hardships for the relief of illness and the attainment of well-being. The wisdom of the hadd is likewise that, through punishment, the offender may attain everlasting peace.
The purpose of rulers and judges in implementing the hadd should be to attain the comprehensive welfare of the people, suppress the wicked, and nurture the virtuous. In addition, they should intend that, first, Allah’s command is being implemented through it, and second, this punishment should suffice for the accused person and become a means of his salvation in the Hereafter, since it brings about his spiritual purification. Thus, imposing the hadd—that is, implementing Islam’s criminal penal law—is nothing other than Allah’s direct and boundless favor to everyone.
Conversely, if the purpose of the state authorities is to enslave Allah’s servants, preserve their own authority, prove their superiority, and secure personal, group, or financial interests, the result will be the opposite. Having deviated from the main objective, they will move away from the true purpose of the hadd.
It is reported that before Hazrat Umar ibn Abd al-Aziz (may Allah have mercy on him) was appointed caliph, he was the governor of Madinah on behalf of al-Walid ibn Abd al-Malik. He devoted himself to properly fulfilling his responsibilities in governance and public service. Once, Hajjaj ibn Yusuf arrived in Madinah from Iraq and asked the local people about Hazrat Umar ibn Abd al-Aziz—*******Arabic
“What kind of influence does he have over you?” The people replied, “What can we say about his influence? We are so afraid of him that we cannot even look at him.” Hajjaj asked, ****Arabic “How much do you love him?” They replied, *******Arabic “He is dearer to us than our own families.” Hajjaj asked—*******Arabic “How is his conduct of governance toward you?” They said, “He administers from three to ten lashes.” Then Hajjaj said—
“This love, fear, influence, and conduct of governance have descended from heaven; that is also Allah’s decree.”
Immediately after the hand is cut off, it is recommended that hot oil be applied to the severed place.1 (Note 1: Today, other medicines are used for this purpose. Essentially, the objective is to stop the bleeding and prevent death resulting from blood loss.) It is recommended that the severed hand be hung around his neck. If he steals a second time, his left foot must be cut off. There is disagreement among the Companions and later Islamic legal experts regarding the form of punishment if he steals a third time. According to some, if he steals a third and fourth time, his left or right hand must be cut off. Hazrat Abu Bakr al-Siddiq (may Allah be pleased with him), Imam al-Shafi’i, and, according to one report, Imam Ahmad support this view. Imam Ahmad’s second view is that he should be imprisoned. Hazrat Ali (may Allah be pleased with him) and the Sufis favor this view.1 (Note 1: Hazrat Abu Hanifah’s view on this matter is that socioeconomic conditions must be considered in cases involving amputation of the hand: whether an economically balanced system of distribution exists in society, and whether the theft resulted from poverty or from habit.)
The hand is to be cut off only when the nisab for theft is met. According to Imam Malik, Imam al-Shafi‘i, Imam Ahmad, and other scholars, the people of the Hijaz, and the scholars of hadith, the amount is one-quarter of a dinar or 3 dirhams. Some hold that the nisab for amputation is one dinar or ten dirhams. In Bukhari and Muslim, Hazrat Ibn Umar (RA) narrated from the Noble Prophet (SA) that the Noble Prophet (SA) ordered the hand to be cut off for the theft of a mijannah, that is, a shield, worth three dirhams. Thus, the worship of a Muslim is—
Arabic
“He cut off the thief’s hand for stealing a shield worth three dirhams.” Hazrat Aisha (RA) narrated that the Noble Prophet (SA) said—
Arabic
“One-quarter of a dinar or more must be stolen for the hand to be cut off.” It is also narrated in the same Muslim—
Arabic
“The thief’s hand is to be cut off only for stealing one-quarter of a dinar or an object of greater value.”
In one narration in Bukhari, the Noble Prophet (SA) said—
Arabic
“Cut off the hand for stealing one-quarter of a dinar, but do not cut it off for anything less.” At that time, a dinar was worth three dirhams, while the coin value of a full dinar was equivalent to 12 dirhams.
The crime of theft is established only when property kept in a secure place has been taken.
For example, taking spoiled or unprotected property, fruit or flowers from trees in open fields—whether enclosed by walls or unfenced—or unattended animals and the like is not considered theft warranting the hadd. Therefore, the hand is not to be cut off for taking such items. However, the taker must receive ta‘zir, that is, a disciplinary punishment, and double compensation must be recovered, as stated in the hadith.
The scholars differ concerning the amount of compensation. Hazrat Rafi‘ ibn Khadij (RA) narrated: I heard the Noble Prophet (SA) say— Arabic: “The hand is not to be cut off for fruit or ripening dates.” (Sunan)
The grandfather of Amr ibn Shu‘ayb said: I heard a man of the Banu Muzaynah ask the Noble Prophet (SA)—
Arabic
“I have come to ask you about a lost camel.”
He said—
Arabic
“It carries its own food; it will eat from trees and plants and drink water at watering places. Leave it alone until its seeker reaches it.”
The man said— Arabic: “What is your ruling concerning a lost goat?” The Prophet (RA) said—
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“It is for you, your brother, or the wolf; protect it until its seeker comes.” He said—
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“Harishah—that is, what is taken from the shepherd’s protection.” He said—
Arabic
“Its double value must be paid and ta‘zir must be imposed. If the value of an animal taken from a pen equals the value of a shield, the hand must be cut off.”
The man asked: O Messenger of Allah! What if he steals fruit? The Prophet (RA) replied—
Arabic
“There is no punishment for one who puts some of it into his mouth without removing its covering. But if he takes some of it away with him, he must pay double its value and receive ta‘zir. If he takes it together with its branches, and its value equals that of a shield, his hand must be cut off; but if its price is less than the price of a shield, he must pay double compensation and receive ta‘zir through lashes.” (Sunan)
Then he further said—
Arabic
“The plunderer, highway robber, and embezzler are not to have their hands cut off.”
According to the sound view of the scholars, the pickpocket and one who takes property kept in a handkerchief or sleeve are to have their hands cut off.
[Fourteen]
The Punishment of Adulterers and Homosexuals by Stoning
The punishment for adultery is to take the life of a married adulterer by stoning. The punishment for liwat, that is, homosexuality, is to kill both the homosexual and the one with whom this despicable act is committed.
Rajm, that is, killing by stoning, is the punishment for a married adulterer. The Messenger of Allah (SA) stoned Ma‘iz ibn Malik al-Aslami and the Ghamidiyyah woman* (Note: A female Companion mentioned in hadith as the Ghamidiyyah committed adultery. No one else knew or even imagined this. But she believed that Almighty Allah knew of her offense and that His punishment was more painful than all the suffering of this world. Therefore, she came to the Prophet (SA), described her offense in detail, and pleaded: “Purify me by imposing the appropriate punishment.” When the Prophet (SA) did not give it much importance, she pleaded again: “O Prophet! My statement is not the ravings of a madwoman. I am making it knowingly and voluntarily. Have me stoned so that I may escape the punishment of the Hereafter.” She further said: “I believe I have become pregnant as a result of the unlawful union.” After hearing this, the Prophet (SA) said: “If that is so, the hadd cannot be carried out on you now. Come after giving birth.”
After giving birth, that servant of Allah came to the Prophet (SA) carrying her child and pleaded: “O Prophet! I am the woman guilty of such-and-such an offense. I have given birth, so purify me by administering the punishment.” The Prophet (SA) said: “The child is still dependent on its mother’s milk. Come when it has been weaned and begins eating bread.” Then, after the child became able to eat bread, she came to the Prophet (SA) with a piece of bread in the child’s hand. The child was chewing the bread. She pleaded: “O Prophet! I am that guilty woman. My child no longer needs milk. Look, it is eating bread. Now entrust it to someone and arrange my release from the punishment of the Hereafter.”
Thus, the woman was killed by stoning. One of those throwing stones made an offensive remark. When the Prophet (RA) learned of this, he asked that Companion: Why did you do this? Do you know that she has repented so sincerely that, if her repentance were distributed among all the people of Madinah, it would suffice for the salvation of them all? Allahu Akbar! What an extraordinary example of concern for the Hereafter.)
He also had some Jews stoned. After him, the Rightly Guided Caliphs and the Muslims carried out rajm as the punishment for zina.
Now, should one hundred lashes be administered before rajm and then rajm be carried out? There is disagreement among experts in Islamic law on this matter. Two views are found in the school of Imam Ahmad ibn Hanbal (RA).
(1) If the fornicator is not a muhsan (married), one hundred lashes must be administered according to the ruling of the Book of Allah.
(2) According to the instruction of the hadith of the Noble Prophet (SA), in addition to one hundred lashes, the person must be ordered to leave the country or be exiled for one year. However, some scholars hold that one year of exile is not obligatory.
According to most Islamic jurists, the hadd cannot be imposed on a fornicator until the testimony of four witnesses is accepted or the person confesses four times. Some jurists, however, say that four confessions are not essential; one confession is sufficient. What if someone confesses the first time and then later denies it? According to some scholars, the hadd punishment for zina will be waived. Others hold that the hadd will not be waived; rather, it must be carried out.
A muhsan is one who is free, legally competent, and has had intercourse at least once with his wife after a valid marriage.
The question also arises whether the person with whom intercourse was committed is considered a muhsan if the conditions mentioned above are fulfilled. On this matter, two views are found among the scholars.
(1) A girl who is murahiqah (nearing puberty) commits zina with a man who has reached puberty, or a boy who is murahiq (nearing puberty) commits zina with a woman who has reached puberty.
The same ruling applies to dhimmis. If one is a muhsan, most scholars hold that rajm is to be carried out. This is the view of Imam al-Shafi‘i, Imam Ahmad, and others.
For the Noble Prophet (SA) had Jews stoned in front of the door of his mosque, and this was the first rajm in Islam.
If a woman without a husband is found pregnant, with no master or guardian present and no possibility of doubt concerning the pregnancy, two views are found in the school of Imam Ahmad (RA) and others.
(1) The hadd cannot be imposed on her, because she may have become pregnant as a result of being raped, may have been abducted by force, or may have had intercourse with someone under the mistaken belief that he was her husband.
(2) The hadd must be imposed on her. Exemption is not established from the Rightly Guided Caliphs, and this accords with the principles of the Shariah; moreover, it is also the position of the people of Madinah. This is because such a possibility is rare, and it is not appropriate to give importance to such rare possibilities.
For example, the possibility that she made a false confession or that the witnesses’ testimony may prove false.
Concerning the punishment of a luti (a male engaging in intercourse with a male) and liwat (male homosexual intercourse), some jurists say that the same hadd, that is, punishment, as for zina must be applied to him. Some hold that the offense of liwat, or homosexuality, warrants a lighter punishment than zina. On the other hand, all the noble Companions (RA) held unanimously that both the muhsan and the non-muhsan who commits male homosexual intercourse and the one with whom it is committed must be put to death. For it is narrated in a hadith from Hazrat Ibn Abbas (RA) that the Noble Prophet (SA) said— Arabic
Arabic
“Whomever you find committing the act of the people of Lut—both the active and passive participants—put them to death.”
Abu Dawud narrates through Hazrat Ibn Abbas (RA): If an unmarried luti boy is found with a woman, he is to be stoned. Hazrat Ali (RA) also held this view. But the other Companions (RA) held differing views concerning his execution and expressed various opinions. Hazrat Abu Bakr al-Siddiq (RA) ordered that he be burned with fire.
The other Companions (RA) said that he should be executed. Some said that he should be crushed to death beneath a wall. Some said that he should be imprisoned in a rotten, foul-smelling place until he died there. Others said that he should be thrown from the highest wall in the area onto the ground, with stones thrown down upon him from above. Almighty Allah punished the people of Lut in this manner. This is one narration from Ibn Abbas (RA).
According to another narration from him, he is to be stoned to death. This is also the view of most of the pious predecessors. As proof of this view, they say that Almighty Allah stoned the people of Lut, and by analogy with this, the punishment of the fornicator was prescribed as rajm. Whether both perpetrators of male homosexual intercourse are free or slaves, or one is the slave of another, if they have reached puberty, both must be stoned.
However, if one of the two—the active or passive participant—is a minor, that person must receive a punishment less than death. The adult, on the other hand, must be put to death.
[Fifteen]
The Punishment of Intoxicant Drinkers
The punishment for drinking intoxicants is established on the basis of the hadith of the Noble Prophet (SA) and the ijma‘ (consensus) of Islamic jurists. Whoever drinks wine must be flogged. If he drinks again, he must be lashed a second time. It is narrated from the Noble Prophet (SA) that he flogged a drinker repeatedly. Moreover, this is also the view of the Rightly Guided Caliphs, the consensus, and most scholars.
The punishment for drinking intoxicants: the punishment for drinking intoxicants is established by the Sunnah of the Noble Prophet (SA) and the ijma‘ (consensus) of the Muslims.
At this point, the scholars of hadith and transmitters have given detailed accounts through various chains. The Noble Prophet (SA) said—
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“Whip whoever drinks wine; if he drinks a second time, flog him again; if he drinks again, lash him again; then, if he drinks a fourth time, put him to death.”
Moreover, the Noble Prophet (SA) administered flogging several times for the offense of drinking intoxicants. Later, the Rightly Guided Caliphs and the Muslims likewise imposed flogging for the same offense. On this basis, scholars have expressed the view that the punishment of death for drinking intoxicants has been abrogated. Some, however, hold that this punishment is muhkam, that is, a permanent ruling. Others hold that punishment by death was exclusively a ta‘zir, that is, a disciplinary measure. Therefore, when necessary, the imam, head of state, or judge is also entitled to impose this punishment.
It is established from the Noble Prophet (SA) that he administered forty lashes and struck with shoes for the offense of drinking wine. Similarly, al-Siddiq al-Akbar (RA) administered forty lashes for this offense. Hazrat Umar (RA), on the other hand, used the whip during his caliphate. Hazrat Ali (RA), however, sometimes ordered forty lashes, depending on the circumstances, and sometimes eighty. Some scholars have said that forty lashes are obligatory. But if people become accustomed to drinking and forty lashes do not deter them, more lashes depend on the judgment of the imam or judge. Or, when some similar reason exists, more than forty—up to eighty—lashes may be administered. If the number of drinkers is small or someone has drunk only rarely and incidentally, forty lashes are sufficient. In fact, this view is more practical and reasonable. Imam al-Shafi‘i (RA) also supports it. According to one narration, Imam Ahmad (RA) held the same view.
During the caliphate of Hazrat Umar (RA), complaints of drinking increased, so he also increased the severity of its punishment. He exiled some people and humiliated others by shaving their heads. Thus, these were additional disciplinary punishments imposed by him. If ta‘zir (additional punishment) is still considered necessary after flogging a drinker twice with forty lashes each time, it is best to cut off his provisions and exile him.* (Note: Hazrat Abu Shahjan al-Saqafi (RA) was once addicted to drinking. Hazrat Umar (RA) flogged him according to the ruling of the Shariah, but he did not desist. He drank again, and Hazrat Faruq al-A‘zam (RA) punished him a second time in the same manner. But even that had no effect; he continued drinking wine out of habit and continued enduring the lashes. Finally, Hazrat Umar (RA) ordered that he be imprisoned and exiled. At this point, he entrusted him to Hazrat Sa‘ad (RA), instructing him to keep him with him wherever he stayed or went. He further ordered that he be kept separately in shackles. Hazrat Sa‘ad (RA) took Abu Shahjan with him and chained his feet. Wherever he went, he took him along. Thus, after passing through various stages of the journey, he reached the battlefield of Qadisiyyah in distant Iran.
At this critical time in Qadisiyyah, Hazrat Sa‘ad (RA) was the commander-in-chief of the Muslim army. In this fierce battle, the enemy gained the upper hand and placed enormous pressure on the Muslim army, forcing the Muslim troops to retreat three hundred and sixty miles. Behind this retreat, strengthened by renewed inspiration, the Islamic army made complete preparations for final victory. The commander, Hazrat Sa‘ad (RA), could not be present on the main battlefield because he had previously suffered a minor injury. He watched the course of the battle from the roof of a building. Meanwhile, at one point the fighting became intense. Seeing the Muslims retreat because they could not withstand the enemy’s fierce attack, he repeatedly said in a tone of lament—Arabic
“He continued reciting this prayer that gives strength.” By chance, Hazrat Abu Mahjan (RA) learned of this critical situation. He had been confined in shackles on the ground floor of the house where Hazrat Sa‘ad (RA) lived. Seeing the Muslims’ miserable condition, he repeatedly recited that poem in an agitated, tearful voice. It was—Arabic
“Today, for my endless sorrow and boundless anguish, it is enough that others are galloping their horses on the battlefield against the enemy, while I am dying in anguish with my feet shackled.” Behind the recitation of these rhymes, he continued shedding tears. But what could he do? There was no way out. Unable to bear the agony any longer, he finally appealed to Hazrat Sa‘ad’s (RA) wife: O virtuous woman! O daughter of Hafsa! For Allah’s sake, set me free and remove the chains from my feet. The Muslims are fighting, yet I am deprived of the virtue of jihad and its blessed reward. A severe crisis has befallen the Muslims, while I am spending my time in chains. I swear by Allah that if I return safely from the battlefield, I will again put the chains on my own feet and have you shackle me as before. Thereupon Hazrat Sa‘ad’s (RA) wife, without caring about her husband’s displeasure, unlocked the fetters from Abu Mahjan’s feet.
The newly freed Abu Mahjan pleaded: O virtuous woman! Arrange a horse for me to ride. Thus, Hazrat Sa‘ad’s wife, without her husband’s permission, brought Hazrat Sa‘ad’s (RA) piebald horse, iron armor, spear, and sword and placed them in Hazrat Abu Mahjan’s (RA) hands. Hazrat Abu Mahjan (RA) immediately mounted the horse, urged it forward, reached the battlefield in the blink of an eye, and plunged into the battle. With heroic valor, Hazrat Abu Mahjan broke through the enemy’s defensive formation and began cutting them down in a fierce assault. Because of his valiant, unstoppable blows, the enemy army scattered and faced a disastrous defeat. By then, everyone present began saying to one another that Allah Ta‘ala had sent angels down from the heavens to help the Muslims and that they were performing miraculous deeds. Meanwhile, the commander, Hazrat Sa‘ad (RA), also witnessed this extraordinary display of martial valor and began saying—
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“Judging from the horse’s speed and its plunging into danger, it seems to be my own piebald horse; and judging from the success and victory, it seems to be Abu Mahjan’s victory. Yet Abu Mahjan is spending his days shackled and imprisoned.”
In the end, the Muslims achieved an astonishing victory in this battle, while the enemy suffered a grievous defeat—an event that ushered in a new chapter in Islamic history. Meanwhile, Abu Mihjan (RA) returned from the battlefield and, as promised, chained his feet and sat down in his proper place. But Hazrat Abu Mihjan’s valor and this historic event could not remain concealed. By then, Hazrat Sa‘d (RA) had come down from the roof of the house and began addressing his wife, Bint Hafsa: “The Muslims were facing certain defeat, but when Almighty Allah sent angels down from the heavens, their defeat was turned into victory. Yet his horse was just like my own horse, and his spear and armor were also like those of my horses. As soon as he entered the battlefield, he slew the enemy so fiercely that mourning broke out in the enemy ranks and they scattered. Then, somehow, that angel disappeared.”
Hazrat Sa‘d’s (RA) wife humbly said, “Can you recognize who he was? He is the brave man called Abu Mihjan, and he is counting his days in chains in your house. When he heard the news of the Muslims’ defeat, he swore an oath and kept saying to me, ‘Set me free and let me fight in the field of jihad. If I remain alive, I will return and put the chains back on my own feet with my own hands.’ Trusting his word, I released him. Then, when he asked for your horse, I gave him your horse. And when he requested your sword, spear, lance, and other weapons, I placed them all in his hands. Equipped with all the weapons, he mounted the horse and plunged into the field of jihad. After the Muslims won, he returned, chained his own feet, and sat down in his proper place.” When the commander, Hazrat Sa‘d (RA), heard the true account of Abu Mihjan’s courage, sincerity, devotion, and self-sacrifice, he cried out. Weeping, he said, “How can a brave man like Abu Mihjan remain chained and imprisoned at all times by the Caliph’s order?” He immediately recorded the entire account of Hazrat Abu Mihjan (RA) and sent a letter to Amir al-Mu’minin, Hazrat Umar (RA). After Hazrat Umar (RA) learned the details from the letter, he immediately wrote to Hazrat Abu Mihjan (RA):
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“In the name of Allah, the Most Compassionate, the Most Merciful. From Allah’s servant Umar to Abu Mihjan. May Allah grant you further success, O Abu Mihjan!”
Commander Hazrat Sa‘d (RA) continued in amazement: “By Allah, I will never strike such a man. Secondly, it is no longer appropriate to keep him in chains. You have observed what a terrible crisis surrounded the Muslims; there was an uncompromising struggle between Islam and disbelief. At such a critical moment of this severe trial, Abu Mihjan’s self-sacrificing and devoted valor will be recorded in golden letters in the history of Islam.” Immediately after these words of praise, Hazrat Abu Mihjan (RA) exclaimed, “By Allah, I will never again even mention drinking wine in my life. From this moment, I repent of my life of drinking. For the rest of my life, I vow and repent never to touch wine or intoxicants.” Thereafter, Almighty Allah granted Hazrat Abu Mihjan (RA) the ability to remain firm and steadfast in his repentance until death.)
When Hazrat Umar (RA) received news that some deputies or representatives had composed poetry and verse in praise of wine, he dismissed them from office. The wine that the Noble Prophet (SA) declared haram, and for drinking which he prescribed flogging, is anything that causes intoxication and causes the intellect, conscience, and reason to disappear, whatever its ingredients and whatever it may be prepared from—such as grapes, dates, figs, and the like; or vegetables and produce, such as wheat and barley; or liquids such as honey; or even animal milk.
All types of intoxicating drinks are included in the prohibition. Moreover, when the Qur’anic verse prohibiting wine was revealed to the Messenger of Allah (SA), there was not even the slightest trace of grapes in Madinah Sharif.
Grapes were imported from Syria and other countries. In Arabia at that time, wine was generally prepared from dates or water in which dates had been soaked. However, what is established concerning this matter from the authentic hadith of the Noble Prophet (SA), the Rightly Guided Caliphs, and the noble Companions is that every intoxicating substance is haram. The Noble Prophet (SA) declared haram every intoxicating substance that eliminates sound judgment and reason and destroys the power of knowledge and thought. In fact, the noble Companions would naturally drink the sweet nabidh al-tamr (water in which dates had been soaked), prepared by soaking dates in water and drinking it as needed after a specified period. This was because the water of the Hijaz was generally salty, while drinkable water was scarce in the daily life of its people. Nabidh may be drunk only so long as it has not acquired an intoxicating quality. This is the unanimously accepted view of all Muslim scholars and the entire Muslim ummah, because it does not intoxicate. Grape juice may be drunk until it begins to ferment and intoxicate. The Noble Prophet (SA) prohibited preparing nabidh in wooden vessels or tinned metal containers. Rather, he ordered that it be prepared in an uncoated vessel whose mouth could be sealed. The reason is that when the contents become intoxicating, such uncoated vessels crack, making it easy to know whether the stored nabidh has become intoxicating. By contrast, a tinned metal vessel does not crack when the nabidh becomes intoxicating, nor does any visible sign appear on it.
Thus, there is no possibility that the drinker will be deceived or make a mistake. However, another narration establishes that the Noble Prophet (SA) later permitted the preparation of nabidh in tinned metal vessels.
The Messenger of Allah (SA) said:
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“I had forbidden you to prepare nabidh in tinned metal vessels. But now prepare it in them; however, once it becomes intoxicating, do not drink it.”
A difference of opinion is found among the Companions and the scholars of later generations concerning this matter. Those who were unaware that the earlier ruling had been abrogated, or to whom the preparation of nabidh in such vessels had been reported as established, held that preparing nabidh in such vessels was prohibited.
On the other hand, those who believed that the earlier ruling had been abrogated permitted the preparation of nabidh in these vessels.
Some jurists, upon learning that certain Companions drank nabidh, assumed that they drank intoxicating nabidh. Accordingly, they permitted the drinking of various kinds of sherbet or beverages, provided that they were not prepared from grapes, dates, and the like. Conversely, they permitted drinking nabidh al-tamr and the juice of raisins until they became intoxicating.
But the sound and correct position—the unanimously accepted view of the entire Muslim ummah, namely the majority—is that every intoxicating, mind-destroying substance is deemed khamr, that is, wine. The hadd must be imposed on the one who drinks it, whether he drinks only one cup or drinks it as medicine. When asked what should be done if no medicine other than khamr can be found, the Noble Prophet (SA) said:
******Arabic
“This is not a disease-remedy, and surely Almighty Allah has not placed the cure of my ummah’s diseases in something haram.”
If witnesses to drinking are found, or the drinker himself confesses, imposing the hadd on the wine-drinker becomes obligatory. But if the smell of wine or intoxicants comes from his mouth, or people have seen him vomit, or some other sign of drinking is observed, it has been said that the hadd may not be imposed on him. In such cases, it remains possible that the drink was non-intoxicating, that he drank it unknowingly, or that he was forced to drink it, and so forth. Rather, if the wine was intoxicating, he must be flogged. The Rightly Guided Caliphs, the noble Companions—including Hazrat Uthman, Hazrat Ali, and Hazrat Ibn Mas‘ud (RA)—and others support this view. The Prophetic Sunnah also indicates it, and people’s actual practice accords with it. Moreover, this is the madhhab of Imam Malik and Imam Ahmad (RA), and they have provided a detailed explanation of it.
Wine prepared by fermenting grapes and dates is also haram, and the one who drinks it must be flogged. It is even more vile than khamr or wine, because it destroys both knowledge and disposition. Under its influence, even a healthy person becomes afflicted with impotence, and a character marked by dayyuth is created. Secondly, wine or intoxicants are more harmful and vile because they produce serious social bitterness—quarrels, disputes, fights, and violence—and give rise to vile moral diseases. Moreover, just as it prevents a servant from remembering Allah, it also drives that person away from prayer.
Some jurists of later generations refrained from ruling that the hadd should be imposed for the offense of drinking. In their view, a lesser punishment than the hadd, namely ta‘zir, should be administered, because it can potentially corrupt knowledge and character, as does bhang. On the other hand, no ruling or decision on this matter is found from the early Islamic legal scholars and learned ulama, the mutaqaddimin. Yet these grasses and leaves are not like that; people eat them with pleasure and crave them, so that the more they consume, the more they want to eat them, just as they do with wine and khamr. Most of the time, this leads to negligence in remembering Allah and other defects. If consumed in large quantities, it also causes shortcomings in prayer. Moreover, it produces dayyuth and impotence, and destroys the intellect, reason, mind, and brain.
But if it is thick and solid, used as an accompanying food, and is not one of the types of wine, then jurists hold three views regarding whether it is impure or unclean.
(1) According to the madhhab of Imam Ahmad (RA) and others, it is impure like wine. This is the sound and reliable view.
(2) Some maintain that it is not impure because it is jamid, that is, solid.
(3) Some distinguish between solid and liquid. In short, it too belongs among the things declared haram by Allah and the Noble Prophet (SA).
For, both linguistically and in substance, it is wine, khamr, and an intoxicating substance.
It is narrated from Hazrat Abu Musa al-Ash‘ari (RA) that he asked the Noble Prophet (SA), “O Messenger of Allah, give a ruling concerning two types of wine called Tuba and Miyzar, prepared in our Yemen. Tuba is made from honey. When these become potent and reach the stage of intoxication, what is their ruling?” The Noble Prophet (SA) possessed the gift of expressing profound meanings in few words. Thus, in reply he said:
********Arabic
“Every intoxicating substance is haram.” (Bukhari and Muslim)
It is narrated from Hazrat Nu‘man ibn Bashir (RA) that the Noble Prophet (SA) said:
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A type of wine is prepared from wheat, and it is also prepared from barley, raisins, dates, and honey. I declare haram every substance that causes intoxication and drunkenness. (Abu Dawud)
However, in Bukhari and Muslim, the aforementioned narration is identified as a statement of Hazrat Umar (RA). Standing on the pulpit of the Noble Prophet (SA), he remarked:
******Arabic
“Khamr is whatever causes the loss of reason.”
It is narrated in another report:
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“Every intoxicating substance is khamr, and every type of khamr is haram.” Imam Muslim narrated both versions in his world-famous hadith collection, Sahih Muslim.
It is narrated from Hazrat Aisha (RA) that the Noble Prophet (SA) said:
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“Every intoxicating substance is haram. And whatever causes intoxication when one potful is drunk, even a handful of it is haram.”
Hadith scholars have narrated through various chains that the Noble Prophet (SA) said:
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“Whatever causes intoxication when consumed in large quantities, even a small amount of it is haram.”
Hadith scholars have accepted the narration as authentic.
It is narrated from Hazrat Jabir (RA) that a man asked the Noble Prophet (SA), “In our region, a type of drink is prepared from a seed called miyzar. What is your ruling concerning it?” In reply, he asked:
*********Arabic
“Does it cause intoxication?”
The man replied, “Yes.”
The Prophet (SA) said:
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“Every intoxicating substance is haram. Whoever drinks an intoxicating beverage is threatened by Allah with being made to drink Tinatu’l-Khabal.” The Companions asked:
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“O Messenger of Allah, what is Tinatu’l-Khabal?” The Prophet (SA) replied:
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“The sweat of the people of Hell—that is, a foul-smelling liquid substance issuing from their bodies.” (Sahih Muslim)
It is narrated from Hazrat Ibn Abbas (RA) that the Noble Prophet (SA) said:
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“Every intoxicating substance is khamr, and every intoxicant is haram.” (Abu Dawud)
In short, countless hadiths have been narrated concerning this matter. Since the words of the Noble Prophet (SA) are jawami‘ al-kalim (statements of comprehensive meaning), it was his characteristic to express everything in a concise form. His statement is: every substance that destroys knowledge and reason and causes intoxication is haram, whether it is food or drink.1 (Note 1: The devastatingly harmful narcotics that have destroyed the lives of intelligent, healthy children in countless families in this country and many others can be understood from the horrifying and painful examples found in the social life of Bangladesh and in various families.) Therefore, wine or khamr is haram because it causes intoxication. The mutaqaddimin did not discuss its qualities, because its production began around the sixth Hijri century or a time near it. In the same way, many types of wine were produced in the period after the Noble Prophet (SA). But all of them fall under the same common cause and the great, comprehensive principle stated in the Qur’an and hadith.
[Sixteen]
Punishment for Slander
The punishment for making a false accusation (qadhf): falsely accusing a chaste person of zina and imposing the punishment of flogging on the accuser—
Among the punishments for which evidence exists in the Qur’an and hadith, and concerning which the consensus, or ijma‘, of the Muslim ummah has been established, is hadd al-qadhf. If anyone falsely accuses a chaste person (muhsan) of zina or liwat (homosexuality), it becomes obligatory for the judge to administer eighty lashes to that accuser. Here, muhsan means a free, independent person of pure and blameless character. In contrast, in the punishment for zina, the term muhsan refers to a person who has had intercourse with his wife through a lawful marriage conducted according to the Shariah. (This was discussed earlier.)
[Seventeen]
Offenses Whose Punishments Are Undetermined
And Are Left to the Discretion of the Ruler and Judge
The punishment for sins or offenses whose penalties are unspecified and for which no kaffarah is mentioned depends on the ruling of the judge or governing authority; these are educational punishments. Their role in prescribing an appropriate penalty according to time, place, circumstances, and the particular case is the subject of this section.
Offenses for which no specific punishment or kaffarah is mentioned include kissing a minor boy or another man’s woman; engaging in preliminary sexual acts short of intercourse; consuming haram substances such as flowing blood and the flesh of dead animals; making a false accusation other than zina; stealing property that is not protected; and stealing property worth less than the nisab1 (Note 1: Nisab refers to the amount of wealth whose ownership makes zakat obligatory upon a person); violating a trust, as done by the treasurers of the Bayt al-Mal, mutawallis of waqf property, guardians of orphaned children, or partners in a joint business; for example, betraying trust, cheating in conduct and transactions, deceiving people regarding food, consumer goods, or clothing, shortchanging in measurement, encouraging false testimony, taking bribes, issuing rulings contrary to Allah’s command, wronging, oppressing, and persecuting subjects or the general public, uttering statements of the Age of Ignorance or raising claims of the Age of Ignorance, engaging in acts prohibited by the Shariah, and so forth. The punishment of such offenders—exemplary punishment, character building, and corrective educational penalties—is entirely within the discretion of the judge or governing authority. In these cases, they will prescribe punishment after examining whether the offense is serious or minor and considering the circumstances. If criminal tendencies increase or exceed normal levels, the punishment should appropriately be greater and more severe. But if the number and degree of criminal incidents remain within normal bounds, the punishment should likewise be proportionately lighter. In short, if the people become broadly involved in criminal activities and grow accustomed to them, severe and heavy punishment is appropriate. Conversely, minor and low-level offenses warrant light punishment.
Punishments should be determined proportionately to the seriousness of the offense. For example, the punishment of someone who happens on one occasion to harass a woman or child with an evil intention should be less than that of a person who constantly incites and harasses women and children for immoral purposes. What, then, should be the extent of ta‘zir, that is, educational, disciplinary, and exemplary punishment? No specific amount has been prescribed. The basic purpose of ta‘zir is to cause hardship and pain. It may be carried out through words or actions, by stopping conversation with him or discontinuing the kind of conduct previously shown toward him, through commands and advice, or through threats, warnings, and admonitions. In short, he should be subjected to such hardship that the purpose of ta‘zir or discipline is achieved. At times, this purpose may also be achieved by severing relations and discontinuing greetings and conversation.
In fact, the purpose is that he should be subjected to ta‘zir until he repents of such conduct. For example, because three Companions failed to participate in jihad, the Noble Prophet (SA) discontinued greetings and conversation with them.1 (Note 1: The three Companions were Hazrat Ka‘b ibn Malik, Hilal ibn Umayyah, and Murarah ibn al-Rabi‘ (RA). Concerning the acceptance of the repentance of these three, the Noble Qur’an says:
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“And [He also accepted the repentance of] the three whose case was deferred until Allah’s command: when the earth, despite its vastness, became constricted for them, and their own lives became burdensome to them, and they realized that there was no refuge from Allah except with Him. Then He turned to them in mercy so that they might remain constant in repentance. Surely Allah is Most Accepting of Repentance, Most Merciful.” (Surah al-Tawbah: 118)
The Noble Prophet (peace be upon him) instructed everyone to sever social relations with these three Companions and effectively boycott them. He prohibited greeting them or speaking with them. Even their family members stopped associating and conversing with them. Thus their condition became as described in the aforementioned verse.
This occurred during the Battle of Tabuk, which took place in the tenth year of the Hijra. The Battle of Tabuk was a severe trial for the Muslims. On the one hand, it was the height of the hot season, and the journey was extremely long. They had virtually no resources or provisions. Moreover, the entire year’s food supply for the people of Madinah depended on the full date-harvesting season. Consequently, everyone was worried: how could it be possible to set out for battle under such circumstances?
Thus, during this campaign the people of Madinah fell into five groups. (1) The Noble Prophet (peace be upon him), the Muhajirun, and the Ansar. Whatever the circumstances, they fully prepared themselves with a firm resolve to set out for battle. (2) Those among the Muhajirun and Ansar who initially hesitated about setting out for battle, but eventually prepared themselves to join the campaign and departed. (3) This group consisted of only three men. Through negligence and laziness, they refrained from setting out for battle. After the Noble Prophet (peace be upon him) returned to Madinah from the campaign, they too appeared before him. When asked why they had not participated in jihad, they did not resort to lying; rather, they truthfully stated that the fault was theirs: without any valid reason, they had refrained from going to jihad. The order to socially boycott these three came from the Prophetic court. The Noble Prophet (peace be upon him) told them to await revelation; whatever command came from Allah would be acted upon. (4) The fourth group was the hypocrites. They are discussed in detail in Surah al-Tawbah, where they are severely reproached and condemned. (5) Those who could not participate in that campaign because of some valid excuse or incapacity. This verse mentions Allah’s bounty and mercy. Thus, each person was granted a share of Allah’s bounty, grace, and mercy according to his condition. Allah’s gift—the bounty—to the Noble Prophet’s (peace be upon him) Muhajirun and Ansar was that they had no hesitation whatsoever about setting out for battle. Rather, they possessed firm resolve and unwavering determination. Allah’s favor upon those who had hesitated was that, in the end, they went to battle as companions of the Messenger (peace be upon him). Furthermore, Allah’s favor upon these three—Ka’b (may Allah be pleased with him), Hilal (may Allah be pleased with him), and Murrah (may Allah be pleased with him)—was that they acknowledged their own offense, and Allah accepted their repentance.
In short, if a criminal learns a lesson as a result of a social boycott and refrains from committing the offense, then this too may be considered effective if implemented by the court.
Therefore, the gist is that for offenses whose hadd or prescribed punishment has not been specified, but for which ta’zir is intended, it is the duty of the imam, ruler, or judge to impose ta’zir or another punishment according to the offender’s condition and to restrain him from committing the offense.)
If a supervisor, governor, or ruler commits an offense for which no hadd has been prescribed, the caliph, that is, the head of government, must remove him from office, as the Messenger of Allah (peace be upon him) and the Companions (may Allah be pleased with them) did. In certain circumstances, he should also be subjected to ta’zir by being compulsorily retired from service temporarily. Suppose someone was serving in the Muslims’ military and national-defense forces, fighting against disbelievers with swords drawn face-to-face, and a member of the Muslim army fled, even though fleeing the battlefield is a major sin. In such a situation, withholding his salary, allowances, and food would also constitute a form of ta’zir or disciplinary punishment.
Similarly, if an amir, judge, or ruler engages in an act that society regards as reprehensible and objectionable, he must be removed from office or stripped of authority. This itself will be regarded as ta’zir for him.
At times, the offender must be subjected to ta’zir by being imprisoned. Depending on the circumstances and the person involved, ta’zir may be imposed by smearing lime and black coloring on the offender’s face, seating him backward on a donkey, parading him through markets and populated areas, and disgracing and humiliating him publicly. It is narrated from Umar ibn al-Khattab (may Allah be pleased with him) that he imposed this type of ta’zir on a false witness. Through his lies, the liar had himself blackened his own face; therefore, as a consequence of his actions, his face was blackened. Secondly, since he had turned straightforward speech upside down, he too was punished by being seated backward on a donkey.
In the case of ta’zir, no more than ten lashes may be administered. However, according to a considerable number of Islamic legal experts, ta’zir should be of such a degree that it does not reach the limit of hadd. There are also two views among them concerning ta’zir. Some hold that it should reach that limit. The hadd for a free person is at least forty or eighty lashes. Therefore, it is not proper to administer that number of lashes as ta’zir. In fact, it is appropriate that a slave’s ta’zir not equal the minimum amount prescribed for a slave. For example, the hadd for a slave is twenty or forty lashes; therefore, ta’zir should not be equal to that number.
On the other hand, some say that whether the offender is free or a slave, it is not appropriate for ta’zir to equal the hadd prescribed for a slave. A third view holds that for free persons, ta’zir should equal their hadd. The type and degree of ta’zir imposed must not exceed the hadd. For example, if a thief steals property from an unguarded place, his hand will not be cut off as punishment; rather, ta’zir must be imposed in another manner, even if that ta’zir reaches the level of hadd al-qadhf. If necessary, he may receive more lashes than are prescribed for hadd al-qadhf. For example, someone may not have committed zina but may have engaged in its preliminaries: kissing someone, lying in bed with her, or committing some other such act associated with zina. His ta’zir therefore cannot be one hundred lashes, although it may properly exceed the punishment for qadhf. It is narrated that during the time of Umar (may Allah be pleased with him), a man made an engraved ring and fitted it with some property stolen from the Bayt al-Mal. After this was proven, Umar (may Allah be pleased with him) had him given one hundred lashes on the first day. It is narrated from the Rightly Guided Caliphs that once, at night, a man was found lying beneath the same blanket with a strange woman. As punishment, both were given one hundred lashes each.
It is narrated from the Noble Prophet (peace be upon him) that if a man has intercourse with his wife’s slave woman, he is to be stoned to death. This is the view of Imam Ahmad (may Allah have mercy on him). The first two positions are according to the school of Imam al-Shafi’i (may Allah have mercy on him). It is narrated from Imam Malik (may Allah have mercy on him) and others that some offenses exist for which no specific hadd is mentioned, but whose ta’zir or punishment may extend to execution. Some disciples of Imam Ahmad (may Allah have mercy on him) also follow this view. For example, if a Muslim engages in espionage on behalf of disbelievers and enemies, creating a risk to the lives and property of Muslims, Imam Ahmad (may Allah have mercy on him) refrained from expressing an opinion in this situation and remained silent. However, according to some Hanbali imams, such as Imam Malik (may Allah have mercy on him) and Ibn Uqayl, he should be executed. In contrast, according to the view of Imam Abu Hanifa (may Allah have mercy on him), Imam al-Shafi’i (may Allah have mercy on him), and another Hanbali imam such as Abu Ya’la, it is not appropriate to execute him.
If anyone introduces an innovation or a practice contrary to the Qur’an, Hadith, and Shariah, or calls people to it and promotes it, the court may execute him. Many disciples of Imam Malik (may Allah have mercy on him) also support this view. On the other hand, Imam Malik (may Allah have mercy on him) and other imams ordered the execution of the Qadariyyah. Their ruling was not based on the Qadariyyah being apostates, but rather on their causing fasad fi al-ard, that is, disorder in the state and society.
Similarly, some have expressed the view that sorcerers should also be executed. Most scholars hold the same view. At this point, a narration is reported from Jundub (may Allah be pleased with him) through both mawquf and marfu’ chains.1 (Note 1: The account of Jundub (may Allah be pleased with him) is narrated with its chain of transmission in Al-Aghani, written by Abu al-Faraj al-Isfahani. The account states—
Once, a sorcerer appeared at the court of Walid ibn Uqbah. Through magical incantations, he would effortlessly enter a cow’s belly and emerge from it. By coincidence, Jundub (may Allah be pleased with him) was present and observed the matter. Unnoticed by everyone, he got up, went out of the room, and returned with a sword in his hand. When the sorcerer entered the cow’s belly during one of the performances, Jundub struck him with a powerful blow of the sword, cutting the cow and the sorcerer in two. He continued reciting—
Arabic
“Have you come to practice magic knowingly?” (Surah al-Anbiya: 3)
Recognizing the gravity of the situation, everyone present became terrified. On the order of Walid, the ruler of Iraq, Jundub was arrested and sent to prison. A letter recording the detailed incident was also sent to Caliph Uthman (may Allah be pleased with him). As it happened, the prison supervisor was a Christian. Jundub (may Allah be pleased with him) would rise deep in the night to perform tahajjud and fast during the day. Seeing this, the Christian guard said to himself, “By Allah, if this is the condition of the sinful, deceitful, wicked people of this nation, then surely that nation and its religion are true and pure.” He entrusted the prison to someone else and went to Kufa. There he observed the condition of the people and asked the local inhabitants who was the most honest and pious person there. They replied that it was Ash’ath ibn Qays. He became a guest at his house and noticed that he slept at night and ate in the morning. Then he again asked the people of Kufa, “Who is the best person here?” They replied, “Jarir ibn Abd Allah.” The Christian found him to resemble Hazrat Ash’ath ibn Qays. He then turned toward the qiblah and began declaring—
Arabic
“The One who is Jundub’s Lord is also my Lord and Sustainer, and Jundub’s religion is my religion.” Immediately after making this remark, he recited the kalimah tayyibah and accepted Islam. In Sunan al-Kubra, Imam al-Bayhaqi relates the incident with slight variations as follows: Walid ibn Uqbah was then the governor of Iraq. A sorcerer came to him and began displaying tricks through his incantations. He severed a man’s head. Then he shouted loudly, calling the slain man’s name. The severed head came back by itself, joined the body, and the man came to life. Seeing this, the assembled crowd exclaimed in astonishment, “Arabic ‘Subhan Allah! It seems he is giving life to the dead.’” The following day, seeing this state of affairs, one of the Muhajirun arrived at the scene with a sword in his hand. When the sorcerer began his tricks as usual, just as on the previous day, the man stepped forward from the crowd and, with a single blow of his sword, severed the sorcerer’s head from his body. He remarked, “If he truly has the power to give life to the dead, let him come back to life by himself.” Walid then ordered a prison guard named Dinar to arrest him and throw him into prison. In short, magic is an act opposed to Islam, because it deceives people. Therefore, the sole standard of truth and religion is the Book of Allah and the Sunnah of the Messenger (peace be upon him); whatever agrees with these two is true, while everything contrary to them will be deemed misguidance. For this reason, Islamic legal scholars have supported the execution of sorcerers. In this instance, the act of sending him to prison constituted taking the law into one’s own hands.)
Arabic
“The hadd or punishment for a sorcerer is to execute him by a blow of the sword.” (Tirmidhi)
According to Umar (may Allah be pleased with him), Uthman (may Allah be pleased with him), Hafsah (may Allah be pleased with her), Abdullah ibn Umar (may Allah be pleased with him), and other Companions, the punishment for a sorcerer is execution. However, they differed regarding the reason. Some scholars hold that the sorcerer must be executed because he has become a disbeliever. Others say that the sorcerer is indeed deserving of execution, but because of fasad fi al-ard, Arabic, that is, because he causes disorder in society. However, according to the jumhur of scholars, that is, most scholars, he is an offender deserving execution on the basis of the Shariah hadd.
Likewise, Imam Abu Hanifa (may Allah have mercy on him) held that when an offense whose punishment warrants execution is repeated, execution may be imposed as ta’zir. For example, if someone repeatedly commits liwat, or male homosexual intercourse, or if someone deceives people and fraudulently takes their money, execution becomes obligatory. Similarly, if it is proven that there is no way to protect people from someone’s harmful and destructive activities except by killing him, then he must be executed.
Imam Muslim narrated in his world-famous Hadith collection, Sahih Muslim, a report from Arfajah al-Ashja’i (may Allah have mercy on him). He said, “I heard the Messenger of Allah (peace be upon him) say—
Arabic
“Whoever acts in your society with the intention of creating division, disorder, and disunity is deserving of execution.”
Another Hadith states—
Arabic
“When tribulations continue to arise one after another, if anyone among this nation maliciously seeks to create division and strives to destroy your unity and solidarity, whoever he may be, he must be judged and executed by the sword.”
A similar ruling has been stated regarding drinking alcohol: if a person does not desist despite being subjected to ta’zir several times, then he must be executed the fourth time. In support of this view, the book cites a narration by Imam Ahmad from Daylam al-Himyari (may Allah be pleased with him). Daylam (may Allah be pleased with him) asked, “O Messenger of Allah! I have come from a region where great tasks are accomplished with the help of wine. It is used for treatment. We make wine from wheat, and gain considerable strength from it. We also achieve considerable success in this trade. Moreover, our region experiences severe cold, and it is used to keep the body warm.” The Noble Prophet (peace be upon him) said—
“Does it cause intoxication?” I replied, “Yes.” He said, “Stay away from it.” I pleaded again, “O Messenger! People will never give it up.”
Then the Prophet declared—Arabic
“If they do not give it up, they must be executed”—those rebellious people who oppose society and Allah.
In fact, the primary reason for this ruling is that it causes tribulation, corruption, and disorder in society. (It also causes harm to the human body, in addition to other harms.) Secondly, it is analogous to a harmful aggressor. Just as killing a violent attacker in self-defense is lawful and necessary, so too, given the widespread harm caused by intoxicants, the ruling concerning them is of the same order. There are two types of punishment; everyone agrees on this. (1) Punishment for past offenses, which a person undergoes in this world and through which he is freed from Allah’s displeasure, such as lashing a drunkard and one who makes false accusations, or cutting off the hand of a rebel and a thief, and so on. (2) Failure to fulfill an obligatory right upon oneself and persisting in sin. The purpose of punishing such an offender is to make him fulfill what is due to others and to compel him to firmly resolve to avoid sin in the future. An example is the apostate who abandons Islam. First, he must be invited to repent and accept Islam. If he responds to the invitation and becomes a Muslim through repentance, that is best; otherwise, he must be executed. Likewise, in the case of one who abandons prayer or fasting, or one who fails to fulfill or violates another person’s rights, he must be given an opportunity to fulfill the rights and obligations. In exceptional circumstances, action must be taken against him.
Therefore, ta’zir must be imposed more harshly for the second type of offense than for the first. Thus, a person who abandons prayer or fasting must be disciplined through repeated beatings until he fulfills the obligations incumbent upon him.
The Hadith of Bukhari and Muslim on this subject is quoted below. The Noble Prophet (peace be upon him) said—
Arabic
“No more than ten lashes may be administered except for a hadd prescribed by Allah.” In explanation, some scholars hold that the meaning of this Hadith is that the huddud prescribed by Allah have been made inviolable as Allah’s rights. This is because the meaning of hadd mentioned in the Qur’an and Hadith is the boundary between the lawful and the unlawful—that is, the boundary situated between the final limit of the lawful and the first limit of the unlawful. Regarding the final limit of the lawful, Allah says—
Arabic
“These are the limits set by Allah, so do not transgress them.” Regarding the initial limit of the unlawful, Allah’s word is—
Arabic
“These are the boundaries declared by Allah, so do not even approach them.”
The question now is: why is this punishment called hadd? The answer is that it is a new technical term. Its significance was discussed earlier.
The purpose of the aforementioned Hadith is that if, in claiming one’s due, a dispute escalates into hitting and physical assault, then striking more than ten times becomes permissible for him. For example, if discord arises between a husband and wife and one party is found to have acted unjustly and excessively, then in such a situation the wrongdoer must be punished so that the oppressed person’s right may be secured. However, in the case of lashing, the number must not exceed ten.
[Eighteen]
The Type of Whip Used to Punish the Offender
And the Parts of the Body That Must Not Be Whipped
According to the Shariah, the whip prescribed for an offender must be of moderate severity, because the Noble Prophet (peace be upon him) said,
Arabic
“That is, adopting moderation is best.”
Ali (may Allah be pleased with him) said: The blows must be neither very forceful nor altogether light. The whip should be neither too large nor too small. One must not strike with a piece of wood, nor with anything having thorns. In this case, a lash is not sufficient; rather, the lash to be used is for ta’zir, that is, educational punishment. In the case of the Shariah hadd, the punishment must be administered with a whip.
Umar ibn al-Khattab (may Allah be pleased with him) used a lash to teach someone proper conduct. However, when enforcing a Shariah hadd, he had a whip brought. When whipping, all of the offender’s clothing must not be removed; only enough clothing may be removed to prevent it from reducing the force of the blows. Care must be taken that the blows do not reach the nerves or the intestines. The person being punished must not be tied unless there is a special need. The offender’s face must not be struck. The true purpose is to educate him, not to take his life. The blows must be administered so that every part of the body feels them and is afflicted with pain. For example, blows should be delivered to the back, shoulders, and thighs.
[Nineteen]
Classification of Punishments and Those Who Receive Them
Punishments imposed for disobedience to Allah and His Messenger (peace be upon him) are also of two types. (1) One type is imposed on one, two, or more individuals, as described earlier. (2) The other type is imposed against a powerful group or faction that cannot be controlled except through execution. State-authorized jihad, that is, war conducted against the aggression of the enemies of Allah and His Messenger (peace be upon him), falls within this category.
Despite the widespread propagation and preaching of the religion, those who not only refuse to accept Islam but also engage in aggressive conspiracies against it must be fought in jihad. This jihad must continue despite all adversity until the tribulation and corruption directed against the religion are eliminated and Allah’s religion is established and victorious.1 (Note 1: Jihad means making every possible effort to achieve the objective of establishing Allah’s religion. Employing force when necessary for defense is merely its marginal case.)
In the early period of Islam, the Noble Prophet (peace be upon him) was commanded only to convey the Islamic message. Jihad had not yet been permitted. When, at a certain point, he was compelled to migrate to Madinah, and the enemies of Islam there also went to war against them, Allah Most High then granted the Noble Prophet (peace be upon him) and the Companions permission to undertake jihad in a defensive situation.
In this regard, the word of Allah Most High is—
Arabic
“Those Muslims with whom the disbelievers are fighting have now been granted permission to fight the disbelievers in self-defense, because they are being persecuted. Surely Allah is fully capable and powerful enough to help them. They are those who have been persecuted and wronged, expelled from their homeland unjustly for no other reason than that they declared, ‘Allah alone is our Lord and Sustainer.’ Had Allah not enabled some people to restrain others, then monasteries, churches, synagogues, and mosques—in which Allah’s name is mentioned abundantly—would surely have been destroyed. Allah will surely help those who help His religion. Indeed, Allah is Most Powerful, Almighty.”
“(The characteristics Muslims should possess are that) when I establish them in authority over a land, they establish prayer in society, pay zakat, enjoin what is right and forbid what is wrong. And the outcome of all affairs rests solely with Allah.” (Surah al-Hajj: 39–41)
Thereafter, the verse declaring jihad obligatory upon the Muslims was revealed:
Arabic
“(O Muslims!) Jihad has been prescribed for you, though it is disliked by you. Perhaps you dislike something that is good for you in the end, while perhaps you love something that is harmful to you. Allah knows the outcome, but you do not know.” (Surah al-Baqarah: 216)
Thereafter, the importance and necessity of jihad were explained in the Madani surahs; jihad was made obligatory, and those who abandoned it were condemned.
Moreover, one who abandoned jihad was described as suffering from a disease of the heart. Allah declares:
Arabic
“O Prophet! Tell the Muslims: If your fathers, your sons, your brothers, your wives, your relatives, the wealth you have earned, the trade whose decline you fear, and the homes in which you take pleasure in living are dearer to you than Allah, His Messenger, and striving in Allah’s path, then wait until Allah brings about His command. Allah does not guide people who disobey Him.” (Surah al-Tawbah: 24)
Allah also says:
Arabic
“The true believers are only those who believe in Allah and His Messenger, then strive without hesitation in Allah’s path with their lives and wealth1 (1. Translator’s note: The literal meaning of jihad is to make every possible effort to achieve an objective. In Islamic terminology, it means making every possible effort to establish Allah’s religion and its principles in individual and collective life; in its limited sense, it means waging defensive war when someone places an extreme obstacle in this path.—Translator.)
; indeed, they are the truthful, the sincere Muslims.” (Surah al-Hujurat: 15)
He also says:
Arabic
“When a clear surah is revealed containing a command to fight, you will see those whose hearts are afflicted with hypocrisy looking at you, O Prophet, with the gaze of one overcome by the fear of death. Woe to them! Their mouths utter professions of obedience and fine words. But when the decisive command is given, it would be better for them if they were truthful with Allah concerning their pledge. So, if you turn away, might you then cause corruption on earth and sever your ties of kinship?” (Surah Muhammad: 20–22)
The Holy Qur’an contains many verses of this kind. Similarly, the superiority and importance of jihad and the mujahidin are described in Surah al-Saff.
The Almighty Allah also says:
Arabic
“O believers! Shall I guide you to a commerce that will save you from a painful punishment in the Hereafter? It is to believe in Allah and His Messenger and to strive in Allah’s path with your wealth and lives. That is best for you, if you are people of knowledge and understanding. If you do this, Allah will forgive your sins and admit you into Gardens of Eden beneath which rivers flow, as well as beautiful dwellings in everlasting gardens. That is the supreme success. Moreover, there is another blessing you love: help from Allah and a near victory. Give the believers this good news, O Prophet.” (Surah al-Saff: 10–13)
It is also stated in the Holy Qur’an:
Arabic
“Do you consider providing water to the pilgrims and maintaining the Sacred Mosque—that is, the Ka‘bah—to be equal to the one who believes in Allah and the Last Day and strives in Allah’s path? They are not equal in the sight of Allah. Allah never guides the wrongdoing people. Those who believe, emigrate, and strive in Allah’s path with their wealth and lives have the highest rank in Allah’s sight. They are the truly successful. Their Lord gives them the good news of mercy and pleasure from Him, and gardens in which everlasting blessings await them; they will abide there forever. Surely, with Allah is a tremendous reward.” (Surah al-Tawbah: 19–22)
The Almighty Allah also says:
Arabic
“O believers! Whoever among you turns back from his religion, Allah will soon bring forth a people whom He loves and who love Him. They will be gentle with the Muslims and stern toward the disbelievers. They will strive in Allah’s path and will not fear the blame of any critic. This is Allah’s special favor; He grants it to whomever He wills. Allah is All-Encompassing, All-Knowing.” (Surah al-Ma’idah: 54)
Allah also says concerning this:
Arabic
“This is because they suffer thirst, hardship, and hunger in Allah’s path; because they take steps that anger the disbelievers; and because they obtain something from the enemy—all of this is recorded as righteous deeds for them. Surely Allah does not allow the reward of the sincere doers of good to be lost. Whatever they spend in Allah’s path, whether little or much, and every field and valley they cross during war, are recorded for them. Through this, Allah will reward them with the best recompense for what they have done.” (Surah al-Tawbah: 120–121)
Thereafter, the ruling concerning jihad was given in connection with the circumstances resulting from all these social activities. Jihad is mentioned in many places in the Qur’an and Hadith. Furthermore, it is stated at this point that jihad is the best deed. On this basis, the unanimous fatwa of the scholars is that jihad is superior even to Hajj, Umrah, and voluntary fasting. There is evidence for this in the Qur’an and Hadith as well. The Messenger of Allah (peace and blessings be upon him) said:
Arabic
“Islam is the supreme deed, prayer is its pillar, and jihad is Islam’s finest act.”
He also said:
Arabic
“There are one hundred levels in Paradise, and the distance between two levels is like the distance between heaven and earth. Allah Most High has reserved these levels for those who strive in Allah’s path.” (Bukhari, Muslim)
He also said:
Arabic
“Spending one day and one night stationed in Allah’s path is better than fasting voluntarily for a month and keeping vigil at night for a month. If he dies in that state, there are narrations concerning this in the Sunan. For example, the Messenger of Allah (peace and blessings be upon him) said:
Arabic
“Every community undertakes a journey, and the journey of my community is to set out on a jihad expedition in Allah’s path when necessary.”
The discussion of jihad has been made very lengthy and comprehensive. So many hadiths have been narrated concerning the significance of jihad, the practice of jihad, its reward and merit, and its results that no comparable number has been narrated concerning any other subject or act of worship. The matter becomes clear upon reflection. This is because the benefits and advantages of jihad are extensive for the mujahid himself and for everyone else, in both religious and worldly life. All acts of worship, outward and inward, apparent and hidden, fall within its scope. For the love of Allah, sincerity, and reliance upon Him—in the context of establishing justice and truth and passing the test of faith—are all included in striving in Allah’s path. Surrendering one’s life and wealth to Allah, patience, piety, remembrance of Allah, and every righteous deed are included in it. Apart from jihad, no other act is seen to encompass all these deeds together.
Any person or nation that devotes itself to jihad benefits from two kinds of goodness: (1) Allah’s help and victory; or (2) entering Paradise adorned with the honor of martyrdom. The question of life and death is extremely complex for human beings. The fortune of this world and the Hereafter lies within jihad. Thus, through it, there is an extremely easy solution to this difficult problem. Conversely, abandoning jihad results in complete deprivation of, or damage to, the fortune of this world and the Hereafter. Some people undertake arduous spiritual disciplines and difficult acts of worship for the sake of success in religion and this world. Yet, despite this, the benefit is very slight. Jihad, on the other hand, is an act or deed that yields greater results than all other difficult acts of worship. From time to time, it is observed that people, for their spiritual purification and advancement, engage in arduous discipline while placing their lives in their hands and facing death. But because of practical necessity, the death of a martyr is easier and better than every other kind of death.
The fundamental purpose of war and conflict is to make jihad sanctioned by the Shariah, while the essence of jihad is that religion—that is, all the activities and thoughts of a person’s entire life—should conform solely to Allah’s law, and that the Word of Allah should gain comprehensive supremacy in every sphere. Therefore, according to the consensus of the entire ummah (ijma‘ al-ummah), the ruling concerning those who oppose jihad, prohibit it, create resistance to it, or engage in conflict against it is that all must fight them under governmental authority and eliminate them. But regarding those who do not offer resistance and do not engage in direct conflict against Muslims—such as women, children, religious leaders, the elderly, the very old, the blind, the crippled, the lame, the disabled, and others—the unanimous view of the majority of Islamic scholars is that they may not be killed on the battlefield. Only those who engage in conflict and war against Muslims in word and deed may be killed. Some, however, have expressed the opposite view. Their evidence is that since the rebels are unbelievers, they must be subdued through fighting and, if necessary, sentenced to death by an Islamic court. They also say that women and children must not be killed. The first view is correct and sound. In essence, jihad was commanded in this context because when we present the call to religion, propagate Islam, and establish peace through the propagation and spread of the true religion, they declare war against us, prevent us, and obstruct the work of preaching and propagation.
Thus, the word of Almighty Allah is:
(Arabic*********)
“O Muslims! (Establishing justice and truth,) fight those who fight you in Allah’s path. But do not transgress or exceed the limits by violating Islamic rules of warfare. Allah does not like transgressors at all.
It is narrated in the Sunan that the Noble Prophet (peace be upon him) once saw a crowd of people gathered in one place. The dead body of a woman was lying there. At that, he said:
(Arabic*******) “This woman was not one who should have been killed.” On another occasion, the Noble Prophet (peace be upon him) said to a man—
(Arabic**********)
“Go, meet Khalid, and tell him not to kill young children, laborers, or slaves.”
(It is narrated in the same Sunan collection that the Noble Prophet (peace be upon him) said—
(Arabic**********)
“Do not kill the very old, young children, or women.”
Jihad was made lawful for the welfare of creation and to put an end to oppression. Behind Islam’s instruction to execute those who obstruct the establishment of justice, morality, and peace lies the universal welfare of humanity and all creation. For Allah says—
(Arabic*********)
“Fitnah, riot, and disorder are a graver crime than killing.” Killing is indeed also a punishable crime, but the unbelief and disorder caused by unbelievers are an even greater crime. Therefore, the unbelief of a person who does not obstruct or resist the propagation of religion and the establishment of Islam’s just law harms only that person, not the Muslims. From this perspective, the jurists have said that introducing any innovation contrary to the Qur’an and Hadith, calling people to it, and promoting and spreading that innovation are tantamount to direct insult and open opposition to religion. Therefore, both the originator and the propagator of an innovation must be punished. However, if someone does not act actively but remains neutral or silent in this matter, they may not be punished.
It is narrated in a Hadith—
(Arabic********)
“If a sin is committed secretly, it harms only the sinner concerned; but when a sin is committed openly and no one prevents it, it harms the people on a broad scale.”
That is why the Shariah has made jihad against unbelievers obligatory. But jihad against the incapable and helpless has not been made obligatory. Rather, if someone wages a covert war against Muslims or advises others in this regard, guides vessels or ships along their route, performs any other act of war, misdirects Muslims, or suggests some strategy, then in such cases it is essential for the leader of the Islamic state—that is, the imam, wali, or ruler—to adopt a lenient approach instead of the harshest measures. He should use wisdom and intelligence to adopt a way of avoiding this danger, and instruct the opposing leader concerned to refrain from such conduct. In short, depending on the nature and circumstances of the offense, if reform proves impossible, the court may sentence him to death, release him out of mercy, grant him bail, or do whatever it deems appropriate. This is the view of most jurists and Islamic legal experts, and it is also established by the Qur’an and Hadith.
Some jurists, however, regard releasing someone through benevolence, mercy, or ransom as abrogated and invalid. Regarding the People of the Book and the Magians (fire worshippers), the ruling of the Shariah is that fighting them must continue until they fully accept Islam or pay the jizya. The jurists differ concerning accepting jizya from other peoples besides these two groups. But the general body of jurists does not favor collecting jizya from others.
It is obligatory to wage jihad against any group or community associated with Islam and called Muslim that prevents others from obeying the Shariah’s manifest and continuously transmitted commands, or disobeys them itself. This is the unanimous view of the Muslims. But jihad against those who resist must continue until the religion is fully implemented; it is obligatory. For example, Hazrat Abu Bakr al-Siddiq (may Allah be pleased with him) and all the Companions waged jihad against those who denied zakat. Although some initially expressed disagreement, they later reached agreement. Hazrat Umar (may Allah be pleased with him) said to Hazrat Abu Bakr al-Siddiq (may Allah be pleased with him)—
(Arabic***********)
“How will you wage jihad against the people, when the Prophet (peace be upon him) said: I have been commanded to fight the opposing people until they testify that there is no deity except Allah and that Muhammad (peace be upon him) is the Messenger of Allah. When they give this testimony, their lives and property will be secure. Of course, if anyone has a right or debt owed to him, that will be judged separately, while their account rests with Allah.” In response to this argument, Hazrat Abu Bakr al-Siddiq (may Allah be pleased with him) said—
(Arabic***********)
“Zakat is a right due by the declaration of the Word. By Allah, if they refuse to give the government even the small portion that they used to give to the Messenger of Allah (peace be upon him), I will continue fighting them.”
Later, Hazrat Umar (may Allah be pleased with him) would say, “Surely Allah opened Hazrat Abu Bakr’s (may Allah be pleased with him) heart regarding the matter of fighting. Now I understand perfectly that he was in the right.”
It is narrated through various chains from the Noble Prophet (peace be upon him) that he commanded jihad against extremist groups. Thus, in Bukhari and Muslim, it is narrated from Ali ibn Abi Talib (may Allah be pleased with him) that the Noble Prophet (peace be upon him) said—
(Arabic************)
“At the end of time, a group of people will emerge who are young in age and foolish dreamers. They will speak of the best person in creation, but faith will not pass beyond their throats or enter within them. Just as an arrow shoots out from a bow, religion will pass swiftly out of them. Therefore, wherever these people of fleeting faith confront you by advancing in armed attacks to destroy Islam and the existence of Muslims, fight them collectively wherever you encounter them, and wherever you find them on the battlefield, send them to their death. Whoever kills them will be rewarded on the Day of Resurrection.”
In another Hadith narrated by Hazrat Ali (may Allah be pleased with him) in Sahih Muslim, he said, “I heard the Messenger of Allah (peace be upon him) say—
(Arabic*************)
“A group of people will arise from among my ummah. They will recite the Qur’an, and compared with their recitation yours is nothing; likewise, your fasting cannot be compared with theirs. They will recite the Qur’an and assume that it is evidence in their favor, whereas in reality the Qur’an will testify against them. Their recitation of the Qur’an will not pass beyond their throats. They will leave the bounds of Islam just as an arrow leaves a bow.”
Therefore, any army to whom this decision of the Noble Prophet (peace be upon him) reaches must understand its significance and act accordingly.
Abu Sa‘id (may Allah be pleased with him) narrated an additional report alongside the Hadith mentioned above—
(Arabic************)
“They will kill Muslims and call idolaters to participate in this act. If I encountered them, I would kill them as the accursed people of ‘Ad were killed.” (Bukhari, Muslim)
Another narration in Muslim states,
(Arabic************)
“My ummah will divide into two groups. From among the two groups, an apostate group will emerge, and then the people of truth will eliminate them.”
These were the people against whom Hazrat Ali (may Allah be pleased with him) fought because they created discord and division among the Iraqis and Syrians. The Companions identified them as the “Haruriyyah.”
The Noble Prophet (peace be upon him) described both groups as expelled from his ummah, and the companions of Hazrat Ali (may Allah be pleased with him) as people of truth firmly established upon the truth. Apart from the aforementioned (*******) apostates, the Prophet (peace be upon him) did not at that time encourage fighting anyone else who outwardly recited the declaration of faith. Rather, he commanded fighting and jihad specifically against those who had left Islam, abandoned the Islamic community, and deemed the lives and property of Muslims lawful and permissible for themselves.
Therefore, it is established by the Qur’an, Hadith, and the “consensus of the ummah” that it is lawful to fight those Muslims who have gone beyond the bounds of the Islamic Shariah, even if they verbally proclaim the declaration of the testimony of faith (Arabic************).
The jurists say: If a large, organized group opposes, denies, and prepares to abandon a confirmed Sunnah, such as denying the Sunnah prayers of Fajr, then, according to both views, the state must take action against them. If they deny an obligatory matter or an unequivocally established prohibition, then, by consensus, state force must also be used against them until that organized group properly observes the Islamic injunctions of prayer, fasting, Hajj, zakat, and so forth, and refrains from prohibited acts such as marrying one’s own sister, consuming impure things, and instructing Muslims to do such things. It is obligatory for the government to take strict measures against such people. However, this obligation applies only when the call and message of the Noble Prophet (peace be upon him) have been properly conveyed to them.
But if they themselves first begin fighting against the Muslims, then launching into jihad against them and confronting them with valor is generally obligatory upon every Muslim. They must be confronted in the same manner as they attack the Muslims and as oppressors are confronted—for example, a tyrannical band of robbers. Indeed, it is even more obligatory to fight those who refuse to pay zakat, oppose the rulings of the Shariah, and create turmoil like the Kharijites.
It should be noted that, in the matter of warfare, defensive fighting is preferable, and it is a fard kifayah, a collective obligation. If some Muslims participate in jihad, the obligation of jihad is discharged on behalf of all. However, those who actively participate possess greater virtue and merit. Concerning this, Allah says:
(Arabic **********)
“Those Muslims who refrain from participating in jihad without an excuse or reason can never be equal in rank to those who participate willingly.” (Surah al-Nisa: 95)
If the enemy launches a sudden attack against the Muslims, then, in such circumstances, defensive fighting becomes generally obligatory upon every Muslim. The reason it is obligatory upon the attacked Muslims to repel this attack is that coming to the aid of afflicted Muslims is obligatory. As Allah says:
(Arabic **********)
“If they seek your help in matters of religion, then it is your duty to help them, except against a people or tribe with whom you have a mutual treaty.”
In the same connection, the Noble Prophet (peace be upon him) said: (Arabic **********) “A Muslim will help another Muslim.”
Indeed, Muslims must be helped, whether or not anything is received in return as wages or an allowance. Of course, providing an official salary is preferable. In this situation, all Muslims are duty-bound to assist the Islamic government with their lives and wealth according to their capacity. This assistance is obligatory upon them. Whatever one’s capacity—little or great—whether one must go on foot or mounted, providing help and support is obligatory in every circumstance. For example, when the unbelievers attacked during the Battle of the Trench, jihad had become obligatory upon every Muslim according to his respective circumstances.
No Muslim had any permission whatsoever to be excused from marching to this war, just as there had been no such permission in the early period of Islam. In this situation, Allah Most High described the Muslims as divided into two groups: (1) the qa’id, those who did not participate in the war; and (2) the kharij, those who joined the jihad, both noncombatants and combatants. Regarding those who, even in this situation, appealed to the Noble Prophet (peace be upon him) for permission not to go to war, Allah revealed verses of reproach and said:
(Arabic **********)
“One of them asked the Messenger of Allah (peace be upon him) for permission to return home, saying, ‘Our houses are unprotected,’ although in reality they were not unprotected. Their actual intention was to flee.
This war was purely defensive, fought to protect their religion, honor, lives, wealth, and the like. They had to wage it under compulsion. By contrast, the war mentioned earlier was intended to expand Islam and establish the supremacy of the religion; to exert influence over the enemies, keep them terrified, and prevent the enemy from ever raising its head. The Battle of Tabuk is its practical proof.
Thus, this offensive measure is a means of suppressing that powerful rebellious group. But if the rebellious force is not considerably strong, is weak, and merely commits one or two isolated incidents, then this measure does not apply to them. If they are strong and their presence has become manifest even in Muslim towns and settlements, it is the duty of the amir or ruler to accustom such people to acts of worship—obligatory, necessary, Sunnah, recommended, and so on—to teach them the fundamentals of Islam and the necessary legal matters of religion, and to compel them to act upon these teachings. Moreover, it is the duty of the imam of the state to compel them to acquire such qualities as fulfilling trusts in their conduct and behavior and honoring pledges and promises.
Therefore, those who do not pray—and women generally tend to be negligent regarding prayer—must be firmly instructed to pray. Even so, those who do not pray must be punished until they begin to pray. This is the unanimous ruling of Muslim experts in fiqh. Another view is that the one who does not pray should first repent, after which he should be ordered to pray. If this succeeds, and he begins praying, that is good; otherwise, he must be executed. The question is: On the basis of which offense is he to be executed? Is it because ‘by not praying he has become a disbeliever’? Or because he has become an apostate and a sinner?
In answer to this, two views are found in the school of Imam Ahmad and others. According to one view, he becomes a disbeliever, while according to the second view, he becomes a sinner. For this reason he must be executed. According to most of the Salaf, that is, the early authoritative scholars, he becomes a disbeliever; therefore, it is necessary to execute him. This punishment applies to a Muslim citizen when he accepts and verbally acknowledges that prayer is obligatory yet does not actually pray. But if he denies that prayer is obligatory, then by consensus he is a disbeliever.
Therefore, it is obligatory upon guardians to command their minor boys and girls to pray from the age of seven. When they reach ten, they must be accustomed to prayer, even by striking and beating them with a rod. The Prophet (peace be upon him) said:
(Arabic **********)
“When a child reaches seven years of age, command him to pray; and when he reaches ten and still does not pray, strike him and separate their beds.”
Likewise, it is necessary to teach children the essential legal matters of prayer, ritual purity, and other indispensable rulings. Matters connected with prayer also include maintaining the mosques and appointing an imam for the mosque. They must be instructed to pray and lead prayer as the Messenger of Allah (peace be upon him) did. For the Messenger of Allah (peace be upon him) said: (Arabic **********)
“Pray as you have seen me pray.” (Bukhari)
On one occasion, he took the Companions near the pulpit and led them in prayer, then said:
(Arabic **********)
“I did this so that you would follow me and learn the manner and method of my prayer.”
It is also the imam’s responsibility to give full attention to the people’s prayer, so that their prayer contains no kind of defect or deficiency. While leading the prayer, the imam must lead it completely; this is his responsibility. He must not lead it as he would pray alone, because a solitary prayer may be shortened due to an excuse. Paying attention to defects and deficiencies and arranging their remedy is a special responsibility of the imam.
The same ruling applies to the imam of Hajj: he must attend to all the pilgrims’ problems and needs and arrange for them to be taught the necessary legal matters of Hajj. The same principle applies to the commander of an army as it does to prayer. He must attend to the facilities and problems of the soldiers under his command. A practical example makes this clearer. Just as a lawyer looks after his client’s property and affairs, and the manager entrusted with buying and selling looks after, maintains, and supervises his owner’s property, so do they adopt the most effective and productive methods for this purpose. Even if their own property happens to suffer damage, they disregard their personal interests and protect the property and interests of their client and owner. Compared with that responsibility of an authority toward his subordinates, this is an even more important religious matter. The jurists have clarified further that when responsible leaders, namely the ruling authorities of a country, work to reform the people’s religion, the religious and worldly welfare of both sides will be preserved. Rulers and ruled, kings and subjects—all will reach the threshold of success. Otherwise, the problem will become grave, and governing will become difficult and impossible for the leaders. Wishing well for the ruled, subjects, and people, maintaining sincerity and good intentions—these together constitute the essence of worldly welfare and the advancement of religion. One must place reliance solely upon Allah. For ikhlas and tawakkul are two qualities upon which the success and welfare of the ruled, rulers and people, rich and poor alike depend. Thus, we have been commanded to recite in prayer: (Arabic **********) “We worship You alone, and we seek help from You alone.” Regarding these two phrases it has been said that the essence of all the heavenly scriptures is contained in them. Thus, the Prophet (peace be upon him) said: When the servant says: (Arabic **********)
(“Master of the Day of Judgment, we worship You alone and seek help from You alone”) and recites it, the head resting upon the servant’s shoulders trembles. Verses with the same meaning occur throughout the Qur’an. For example: (Arabic **********) “Worship Him alone and place your trust in Him.” (Surah Hud: 123)
It is also said: Say, (Arabic **********) “I place my trust in Him alone, and to Him alone I shall return.” (Surah Hud: 88)
When slaughtering the sacrificial animal, the Noble Prophet (peace be upon him) would say: (Arabic **********) “O Allah! It is granted to me by You alone, and it is dedicated solely to You.”
How the government and the people Allah’s help receive
Allah’s help comes in greater measure to rulers and people through three things: (1) ikhlas (sincerity), (2) tawakkul (reliance upon Allah), and (3) supplication. These qualities can be acquired by guarding the heart during prayer and keeping the body safe from sin.
Secondly, benefiting people through charity, sadaqah, zakat, and financial assistance—what is called ihsan—is also a means of receiving Allah’s help.
Thirdly, one should remain patient when someone causes one distress or injury. Continue working with sabr. That is why it has been said: (Arabic **********) “Seek Allah’s help through patience and prayer.” (Surah al-Baqarah: 45)
It is also said:
(Arabic **********)
“Perform prayer, especially during the two parts of the day—that is, morning and evening—and in the early part of the night. Do not neglect it, for good deeds wipe away sins. This is a reminder for those who remember Allah. Bear patiently the hardship of worship. Surely Allah does not let the reward of the righteous go to waste.”
He also said:
(Arabic **********)
“Bear patiently what they say, and glorify your Lord with praise before sunrise and before sunset; praise and glorify Him.” (Surah Ta-Ha: 130)
The Qur’an further says concerning this: (Arabic **********)
“We know best what they say, which grieves you. So glorify your Lord with praise and be among those who prostrate before Him.” (Surah al-Hijr: 97–98)
Prayer and zakat are mentioned together in many places in the Qur’an. In reality, through prayer, zakat, and patience, rulers and subjects, rich and poor alike, all attain purification of the soul. When a person fully understands this meaning, recognizes the majesty of Allah’s beautiful names, prays with understanding, raises his hands in supplication before Allah while engaged in His remembrance, recites the Holy Qur’an, performs prayer with ikhlas and tawakkul, serves people through zakat and sadaqah, comes to the aid of the financially distressed, helps those afflicted by hardship and poverty, and fulfills the needs of the needy, then Allah opens his path. It is narrated from the Noble Prophet (peace be upon him) in Bukhari and Muslim: (Arabic **********) “Every good deed is included within sadaqah.”
Every kind of ihsan or good deed is included within the word (****). Speaking with a smiling face, reciting the kalimah tayyibah, and speaking kind words—all these fall under ihsan. (Bukhari, Muslim)
It is narrated from Ali ibn Hatim (may Allah be pleased with him) that the Messenger of Allah (peace be upon him) said:
(Arabic **********)
“Your Lord will speak with every one of you, with no guard or interpreter between Allah and him. He will look to his right and see what he sent ahead; he will look to his left and see those deeds that he sent ahead. Then he will look before him and see nothing but the Fire. Therefore, if any of you wishes to save himself from the Fire by giving even a piece of a date, let him do so. If someone does not even possess that much, then he should strive to free himself from the Fire, even through a good word. According to a narration in the Sunan, the Noble Prophet (peace be upon him) said:”
(Arabic **********)
“Do not regard any good deed as insignificant, even if it consists of meeting your brother with a smiling face, or pouring water from your own vessel into that of a thirsty person.”
It is also narrated in the Sunan that the Prophet (peace be upon him) said:
(Arabic **********)
“The heaviest thing placed on the scale of good deeds in the Mizan will be excellent character.” In another hadith with the same meaning, the Noble Prophet (peace be upon him), addressing Umm Salamah, said:
(Arabic **********)
“O Umm Salamah! All the goodness of this world and the Hereafter has been taken away by excellent character.”
Enduring the pain and injury inflicted by others, controlling anger, forgiving people, opposing the evil inclinations and sensual urges of the soul, and abandoning wrongdoing and arrogance are all virtuous qualities included within sabr. In this regard, Allah says:
(Arabic **********)
“If We give a person a taste of Our mercy and then take it away from him, he becomes despairing and ungrateful. But if We let him taste some happiness after adversity has touched him, he will surely say, ‘All my troubles are gone.’ Then he becomes exultant and arrogant. Except for those who are patient and do good deeds; for them there is forgiveness and a great reward.” (Surah Hud: 9–11)
In another verse, addressing the Noble Prophet (peace be upon him), it is said:
(Arabic **********)
“O Prophet! Good and evil are not equal. Repel the evil inclination with the best conduct or method. Then you will see that the one who was your enemy has become a devoted friend. This quality is granted only to those who are patient, and only the fortunate attain this rank. Moreover, if you perceive any provocation from Satan, seek refuge in Allah. Surely He hears and knows everything.” (Surah Fussilat: 34–36)
Allah Most High also says:
(Arabic **********)
“The recompense of an evil is an evil like it. But whoever forgives and reconciles, his reward is with Allah. Surely Allah does not love the wrongdoers.” (Surah al-Shura: 40)
Hasan al-Basri (may Allah have mercy on him) said: (Arabic **********)
On the Day of Resurrection, the angels will call from beneath the Throne: ‘Let those whose reward is owed by Allah stand up.’ Then only those who forgive and reconcile will be able to respond to this call and stand.”
Treating subjects and the general public well and dealing with them gently does not mean that everything they ask for, whether reasonable or unreasonable, must be given to them, or that every demand must be fulfilled. Nor does it mean that they must be indiscriminately forgiven and released regardless of whatever unjust offense they commit. For Allah says concerning this:
(Arabic **********)
“If the truth were to follow their desires, the heavens, the earth, and all those in them would surely be ruined.” (Surah al-Mu’minun: 71)
Addressing the Companions, Allah says:
(Arabic **********)
“Know well that the Messenger of Allah is among you. If he were to obey you in many matters, you yourselves would fall into serious difficulty.” (Surah al-Hujurat: 7–8)
Ihsan means doing what is beneficial for this world and the Hereafter, even if people do not like it. The people may consider something harmful when it is actually beneficial for them. They do not wish to understand its benefit. In such circumstances, it is the duty of the amir or ruler to explain it to them through gentle conduct and kind words and win their agreement and consent. It is narrated in Bukhari and Muslim that the Noble Prophet (peace be upon him) said:
(Arabic **********)
“Whenever gentleness is applied to something, it brings goodness and gentleness as its result. Conversely, whenever harshness is applied to something, it ultimately brings evil.” In another hadith, the Messenger (peace be upon him) said:
(Arabic **********)
“Surely Allah is gentle and merciful, and He loves gentleness. He grants to the gentle and compassionate person what He does not grant to the harsh, hard-hearted person.”
Umar ibn Abd al-Aziz (may Allah have mercy on him) said: At times I intend to separate their shares from the Bayt al-Mal and distribute them, but I fear that they may dislike it, so I remain patient. Then, whenever pleasant worldly goods accumulate in my possession, I immediately pay them what is due to them. If they do not like that, I strive to appease them with something else.
The Noble Prophet (peace be upon him) was likewise such that whenever a needy person came to him, he would relieve his need or send him away contented with kind words. Once, his relatives expressed their desire to be appointed administrators of a waqf property and asked that an allowance be fixed for them from it. In reply, he said:
(Arabic **********)
“Sadaqah is not lawful for Muhammad and his family.” He categorically refused to give them sadaqah. However, he gave them something from the fay’, that is, the spoils of war, and then sent them away. Once, regarding the upbringing of Hamzah’s daughter, Ali, Zayd, and Ja‘far, may Allah be pleased with them, each made an equal claim. Each made the claim out of kinship. The Noble Prophet, peace and blessings be upon him, did not rule in favor of any of them; instead, he directly entrusted Hamzah’s daughter to her maternal aunt for her upbringing. For the maternal aunt takes the place of the mother. He then satisfied them all with kind words and sent them away happily. He said to Ali, may Allah be pleased with him—
(Arabic**********) “You and I are one.” He said to Ja‘far, may Allah be pleased with him—(Arabic**********) “You possess a resemblance to my character.” And addressing Zayd, may Allah be pleased with him, he said, (Arabic**********) “You are our brother and friend.”
Therefore, rulers, those in authority, and judges should act in this manner when distributing public wealth and issuing other rulings. For people constantly ask and hope for things from rulers and judges that may not be possible or appropriate to give them, such as matters of state, administrative authority, wealth, the proceeds of wealth, and intercession for reducing hudud or Shariah punishments. Yet fulfilling these demands is beyond their power. In such circumstances, they should try to please them by giving them something else of a different nature, or satisfy them through gentleness, courtesy, kind words, and good conduct. Unnecessary contempt, neglect, or harshness is not right. For when an applicant’s request is rejected, he inevitably feels hurt. In particular, it is not appropriate to hurt those whose goodwill is especially considered necessary for the interests of Islam. Almighty Allah says—
(Arabic**********)
“So do not rebuke the petitioner.” (Surah al-Duha: 10)
In another verse of the Qur’an, Allah says—(Arabic**********)
“Continue to fulfill the rights of relatives, the poor, and travelers, but do not squander your wealth through needless spending. Surely, the spendthrifts are the brothers of Satan, and Satan is ungrateful to his Lord. And if you must turn away from them while hoping for the mercy of your Lord, then speak to these poor and needy people in gentle words.” (Surah Bani Isra’il: 26–28).
Issuing a ruling contrary to someone’s request certainly causes him pain. Therefore, in such cases, keeping the claimant satisfied through words, actions, and conduct is the mark of sound political governance and foresight. It is like a physician giving a patient something beneficial in place of the bitter medicine, thereby compensating for it. Allah Most High instructed Musa, peace be upon him, and his brother to go to Pharaoh and said—
(Arabic**********)
“Speak to him gently, so that he may understand or fear My punishment.” (Surah Ta-Ha: 44)
(Arabic**********)
“Treat the people gently, do not treat them harshly; keep them satisfied, do not give them cause for dissatisfaction; and treat one another with goodwill, do not create division.”
Once, an ignorant desert Arab urinated in the mosque. The Companions began to rebuke him, but the Messenger of Allah, peace and blessings be upon him, said—
(Arabic**********)
“Do not interrupt his urination.” Then he had a bucket of water brought and poured it over the urine, and he said to the Companions—
(Arabic**********)
“You have been sent to be gentle; you have not been sent to be harsh and severe.” (Both hadiths are narrated by al-Bukhari and Muslim.)
Such governance is necessary for people themselves, for their families, and for safeguarding the subjects and people under the ruling class. For human nature is not naturally inclined to accept the truth until it is assured of what it loves and its basic needs have been met. Therefore, treating people well and kindly is also included among the worship of Allah. Such conduct will count as worship of Allah when the intention is sincere. Do you not know that food, clothing, housing, and the like are among the basic needs and essential necessities of human life? Indeed, for one in dire necessity, eating carrion in an amount sufficient to preserve life is permissible—rather, in certain circumstances, obligatory. The scholars have also issued fatwas on this matter. Therefore, if someone dies of starvation despite having no means, he will be sinful and will enter Hell. Worship cannot be performed without preserving life. And whatever is necessary for fulfilling an obligation is itself obligatory. For this reason, obtaining food for one’s own family and for preserving one’s own life takes priority over doing so for others. Thus, it is narrated from Abu Hurayrah, may Allah be pleased with him, in the Sunan that he said: (*****) “Give sadaqah.” A man said, “O Messenger of Allah, peace and blessings be upon him, I have only one dinar.” The Noble Prophet, peace and blessings be upon him, replied—(Arabic**********)
“Give sadaqah for yourself.” He said, “I have another dinar.” The Prophet, peace and blessings be upon him, said—(Arabic**********)
“Spend it on your wife’s needs.” The man said, “I have a third dinar as well.” The Prophet, peace and blessings be upon him, said—(Arabic**********)
“Spend it on your child’s needs.” He said, “I also have a fourth dinar.” He said—(Arabic**********)
“Spend it on your servant.” The man said, “I have another dinar in reserve.” The Noble Prophet, peace and blessings be upon him, replied—(Arabic**********) “You know best where it should be spent.” It is narrated from Abu Hurayrah, may Allah be pleased with him, in Sahih Muslim that the Messenger of Allah, peace and blessings be upon him, said—
(Arabic**********)
“If you spend one dinar in the path of Allah, one dinar on freeing a slave, one dinar in charity to a poor person, and one dinar on your family’s needs, the one you spend on your family’s needs will have the greatest reward.” (Muslim)
It is narrated from Abu Umamah, may Allah be pleased with him, in Sahih Muslim that the Messenger of Allah, peace and blessings be upon him, said—
(Arabic**********)
“O children of Adam! It is better for you to spend your surplus wealth than to retain it. Spending according to need is not blameworthy. Spend first on those whose maintenance has been placed under your responsibility. Indeed, the upper hand, the giver, is better than the lower hand, the receiver.” (Muslim)
Furthermore, there is a Qur’anic verse that says, (Arabic**********)
“They ask you how much they should spend. Tell them: whatever is beyond their needs.” Its meaning is the same.
(******) means surplus wealth. For providing sustenance for oneself and one’s own family is fard ‘ayn. On the other hand, spending in jihad fi sabilillah, jihad in the path of Allah, in Islamic warfare, and giving to the poor are fard kifayah or mustahabb. However, at certain times and in certain circumstances, they also become fard ‘ayn. That is when no other donor is available. For giving food to the hungry is fard ‘ayn. A hadith has been narrated in this regard—
(Arabic**********)
“If a petitioner is truthful, there is no good in sending him away empty-handed.”
Abu Hatim al-Busti narrated an extensive and lengthy report in his Sahih work, containing many profound teachings. “One wise saying of the family of Dawud, peace be upon him, is that one duty of the learned and wise is to divide their time into four parts. They should spend one part in supplication, prayer, and remembrance before Allah; the second in self-examination; the third in the company of friends, so that they may point out their faults; and the fourth in enjoying the pleasures of their beloved things. This last part helps sustain the other three.”
It becomes clear from this report that it is necessary to devote some time to entertainment that is approved and permissible under the Shariah. This strengthens the other moments. In this regard, the jurists and Islamic thinkers have said: correcting and cultivating the mind is justice. For this reason, Abu Darda, may Allah be pleased with him, used to say: at times I entertain myself even with idle matters, so that this may help me follow the path of truth and justice. Indeed, Allah Most High created beloved and enjoyable things so that creation might benefit from them. For example, anger was created so that through it one could protect oneself from harmful things. As for base impulses and desires, only what is harmful to human life has been made unlawful. But pleasure that helps one follow the truth is counted among righteous deeds. For this reason, it is narrated in an authentic hadith that the Messenger of Allah, peace and blessings be upon him, said—(Arabic**********)
“Your intercourse with your wives is also charity.” The Companions asked, “O Messenger of Allah, peace and blessings be upon him, is there a reward even for fulfilling our desires?” The Prophet, peace and blessings be upon him, replied—
(Arabic**********)
“What do you think? If it were spent in a prohibited way, would there not be a sin?” The Companions said, “Why would there not be? Of course there would.” He said—
(Arabic**********)
“Then you take account of what is unlawful, but will you not take account of what is lawful?”
It is narrated in the two Sahih collections through the chain of Sa‘d ibn Abi Waqqas (may Allah be pleased with him) that the Noble Prophet (peace be upon him) told him:
(Arabic**********)
“Whatever you spend in the hope of attaining Allah’s pleasure surely increases your dignity, and you even earn reward for the morsel or bite that you place in your wife’s mouth.” (Bukhari, Muslim)
There are many hadiths on this subject. Indeed, if a believing servant performs an act with devotion and sincerity, he can become entitled to abundant reward at every moment.
Moreover, through lawful, Shariah-sanctioned good deeds, people can reform their souls and spirits and develop them free of impurity. Conversely, under the evil influence of a hypocrite’s corrupted mind, his intentions too become tainted. It is as a result of sinful actions that the hypocrite is punished. His worship becomes filled with ostentation, and consequently, instead of benefiting him, it becomes harmful to him. Thus, it is narrated in Sahih Bukhari that the Noble Prophet (peace be upon him) said:
(Arabic**********)
“Know with certainty that there is a morsel of flesh within the body; if it is sound, the entire body is sound, but if it is diseased and corrupt, the whole body becomes diseased and polluted. Know that it is the human heart.”
[Twenty]
Obligatory–and wajib acts upon performing and the unlawful from protection for the sake of punishment
Punishment has been prescribed precisely to ensure observance of obligatory and wajib acts and protection from unlawful matters. Therefore, attractive incentives should be presented that encourage people toward welfare and obedience. Conversely, it is necessary to restrain people from things that encourage evil.
Punishment has been prescribed in order to avoid what is unlawful and observe what is wajib. Everything that assists this purpose has been made lawful by the Shariah. Therefore, one should adopt means that increase encouragement toward the path of welfare and obedience and prove supportive and helpful to it. All possible means should be adopted to attract people toward welfare and obedience. For example, one should spend on one’s children and family, while state officials and rulers should spend on the people. But this spending should be conducted in such a manner that it awakens their awareness and encourages and invigorates them—whether through money, wealth, praise, or some alternative means. For this reason, expending energy and exercising the body through camel and horse races, shooting arrows, wielding spears, and similar activities has been declared permissible under the Shariah. The Noble Prophet (peace be upon him) himself, as well as the Rightly Guided Caliphs, would bring horses to races. The same applies to the mu’allafatul qulub: they should be treated gently and courteously. It has been narrated that a man became a devoted and sincere Muslim, so that Islam alone became dearer to him than all worldly things and all people.
The same applies to wrongdoing and sin. Therefore, it is the duty of the state leadership to eradicate the roots of sin, crime, and injustice from society. It is essential to close every avenue and every opening through which injustice and crime may arise. The struggle to prevent with full force every activity that encourages people toward sin must continue until a valid and reasonable basis becomes apparent for doing the opposite—sitting silently and assuming the role of a passive observer. An example of this can be seen in the words of the Noble Prophet (peace be upon him). He said:
(Arabic**********)
“No unrelated man should be alone in seclusion with an unrelated woman, for Satan becomes their third companion.”
He also said:
(Arabic**********)
“A woman who believes in Allah and the Hereafter may not travel a distance of two days without her husband or a mahram (one whom she may not lawfully marry).”
The Noble Prophet (peace be upon him) forbade meeting unrelated women and traveling alone with them so that injustice, crime, and sinfulness would be uprooted from society.
It is narrated from Imam al-Sha‘bi that a delegation from the tribe of “Abd al-Qays” came to the presence of the Prophet (peace be upon him). A handsome and attractive young man was also part of the delegation. After seeing him, he ordered the young man to sit behind him and said: This gaze was the cause of Prophet Dawud’s (peace be upon him) error.
Once, Umar ibn al-Khattab (may Allah be pleased with him) heard a woman reciting poetry, one verse of which was:
(Arabic**********)
“Is there any way to obtain wine fit for drinking…? Will I ever have the chance to meet Nasr ibn Hajjaj…?”
Umar ibn al-Khattab (may Allah be pleased with him) immediately summoned Nasr ibn Hajjaj. He was a handsome, well-built young man with a radiant complexion. Umar (may Allah be pleased with him) had his head shaved, but this made his face even brighter and more attractive. Eventually, he ordered him to leave the country, lest the women of Madinah fall into temptation.
It is also narrated from Umar ibn al-Khattab (may Allah be pleased with him) that he learned of a certain man in whose company boys would sit and spend time. He forbade the boys from sitting with him or going to him.
Umar (may Allah be pleased with him) forbade people from associating and keeping company with anyone whose presence might cause men and women to fall into temptation or lead to it. The guardians of such boys must not allow them to go outside without need; they should forbid them from dressing up and applying perfume, and from going to public bathhouses. If they must go, they should ensure that the boys do not uncover their bodies, and should keep them from attending gatherings of music and singing. It is especially necessary to keep them under strict discipline and supervision in these matters.
Likewise, anyone against whom an open accusation is made of being a leader in immorality, misconduct, and sin should be prevented from owning or possessing handsome, attractive slaves, and should be separated from such slaves. For the jurists are unanimous that the testimony of a person engaged in notorious and open immorality is not acceptable. The opposing party has the lawful right to challenge his testimony. Once, as a funeral procession passed before the Messenger of Allah (peace be upon him), those present spoke in praise of the deceased. He said: (****) “It has become obligatory.” Then, when another funeral passed, the people remarked, “He was an extremely evil man.” He said: (*****) “It has become obligatory.” The Companions asked: O Messenger of Allah, regarding both of them you said (*****); what was the reason, and what became obligatory? He replied:
(Arabic**********)
“You praised the first deceased, so I said that Paradise had become obligatory for him. Conversely, you denounced the second deceased, so I said that Hell had become obligatory for him. For you are Allah’s witnesses upon the earth.”
During the time of the Noble Prophet (peace be upon him), a certain immoral woman would openly engage in sinful behavior. Regarding her, he would say:
(Arabic**********)
“If I were to stone anyone to death without witnesses, I would certainly stone this woman.” The reason is that the Shariah does not permit the hudud punishment to be carried out without witnesses or a confession. However, for people of such character, no eyewitness testimony is necessary regarding their testimony and trustworthiness; common reputation is sufficient. If the reputation is somewhat limited, evidence should be established by considering their companions and friends. Abdullah ibn Mas‘ud (may Allah be pleased with him) said (Arabic**********)
“Judge a person by his friends.”
That is, one must examine his association and companionship with people of that character and assess him accordingly. What sort of people are his close friends? If they are of evil character, it is necessary to avoid him, just as one must protect oneself from an enemy. In this connection, Umar ibn al-Khattab (may Allah be pleased with him) said:
(Arabic**********)
“Beware of people’s ill suspicions.”
This was Umar’s (may Allah be pleased with him) instruction. However, no punishment may lawfully be imposed on the basis of suspicion.
[Twenty-one]
Obscenity, Murder, Close relatives, The weak, Others’ property forcible appropriation from staying away
The subjects discussed in this chapter are hudud and rights; killing someone without cause; the fact that the first matter judged on the Day of Resurrection will be wrongful killing; the availability of a chance for new life through qisas, or retaliation for killing; and, furthermore, prescribing the death penalty for someone in return for the killing of a specific person or the violation of a right, and related matters.
In this regard, Almighty Allah says—
(Arabic**********)
“Say, ‘Come, I will recite to you what your Lord has forbidden you: that you associate nothing with Him; that you show kindness to parents; that you do not kill your children for fear of poverty—we provide sustenance for you and for them; and that you do not approach shameful acts, whether apparent or hidden. Do not kill the life which Allah has forbidden, except with due right—that is a separate matter. These are the things He has commanded you, so that you may understand. Moreover, do not approach the property of the orphan, except in the best manner, until he reaches maturity. And give full measure and weight with justice. We do not burden any soul beyond its capacity. When you speak, be just, even if the person concerned is a close relative. Fulfill the covenant made with Allah. These are the matters He has commanded you, so that you may take heed. Indeed, this is My straight path, so follow it and do not follow other ways, lest they divert you from His way. These are the commands He has given you, so that you may become mindful of Allah.’” (Surah al-An’am: 151–153)
Almighty Allah also says—
(Arabic**********)
“It is not permissible for a Muslim to kill another Muslim, except by mistake, which is a separate matter. … Whoever deliberately kills a Muslim, his recompense is Hell, where he will abide forever. Allah’s wrath and curse will fall upon him, and Allah has prepared for him a tremendous punishment.” (Surah al-Nisa: 92–93)
Allah also says: (Arabic**********)
“For this reason We decreed for the Children of Israel that whoever kills a person—not in retaliation for murder or for spreading corruption in the land—it is as though he had killed all mankind; and whoever saves a life, it is as though he had saved the lives of all mankind.” (Surah al-Ma’idah: 32)
It is narrated in Sahih Bukhari and Muslim that the Noble Prophet (peace be upon him) said—
(Arabic**********)
“On the Day of Resurrection, the first matter to be judged will be wrongful killing.” It should be noted in this connection that killing is of three types—
(1) Qatl al-‘amd (intentional killing): where there is no possibility of mistake, error, or mistaken identity. This means killing someone unjustly by the customary means of killing, such as striking with a sword, dagger, knife, hammer, shovel, spade, axe, shield, and so forth; shooting someone; burning or drowning someone; throwing someone down from a high place; strangling someone; applying severe pressure to the testicles; suffocating someone by covering the mouth; or taking someone’s life by poisoning. Therefore, hadd must be applied for this type of murder—that is, the killer must be put to death. However, the heirs of the slain person have the full right to adopt any one of three courses in this matter: (1) have him killed; (2) forgive him; or (3) release him in return for accepting diyah, that is, blood money. But the heirs of the slain person may not kill anyone other than the killer. Regarding this, Almighty Allah says—
(Arabic**********)
“Do not kill the life which Allah has made sacred, except with legal justification. Whoever is killed wrongfully while oppressed, We have given his heir authority. But he must not exceed the limits in taking a life, for he is supported.” (Surah Bani Isra’il: 33)
The commentary on this verse states that only the killer may be executed; it is not lawful to impose the death penalty on anyone else. It is narrated from Abu Shurayh al-Khuza’i (may Allah be pleased with him) that the Noble Prophet (peace be upon him) said—
(Arabic**********)
“If someone is killed, or is found in a critical condition and subsequently dies, there are only three options: (1) executing the killer; (2) forgiving him; or (3) releasing him after accepting blood money. If anyone adopts a fourth course apart from these three, his action is an act of oppression; therefore, Hell is his due, where he will dwell forever.” (Ahl al-Sunan, al-Tirmidhi)
Executing the killer after forgiving him or accepting blood money is an extremely grave sin—indeed, an even more heinous crime than the original killing. At this point, some scholars have also said that he must be killed under the ruling of hadd, because the heirs of the slain person have no right to kill him after accepting blood money.”
In this regard, Almighty Allah says—
(Arabic**********)
“O you who believe, qisas has been prescribed for you concerning those killed: the free for the free, the slave for the slave, and the female for the female. But if anything is waived for a person by his brother, then the prescribed payment should be pursued in an appropriate manner, and payment should be made to him with good conduct. This is a facilitation and a mercy from your Lord. Whoever transgresses thereafter will have a painful punishment. And there is life for you in qisas, O people of understanding, so that you may refrain from killing.” (Surah al-Baqarah: 178–179)
In explaining this, the scholars say that the hearts of the heirs of the slain are filled with anger and a desire for revenge. If possible, they become intent on annihilating even the killer and his heirs. Thus, at times matters reach the point where they are not satisfied with killing only the murderer; rather, along with the killer, they kill his relatives and even the chiefs and leaders of his tribe. This is an extremely terrible situation. Although the killer committed the initial injustice, the heirs of the slain, in seeking revenge for the killing, commit such excessive oppression and tyranny as even the actual killer did not commit. Moreover, they engage in actions that are contrary to the Shariah. In the Age of Ignorance, rural and urban people alike would collectively participate in such acts, which would then continue from one generation to the next. The heirs of the slain would exert all their strength in trying to kill the killer’s heirs. The opposing party would in turn continue killing them. Eventually, both sides would gather their respective allies, form groups, engage in fighting, striking, and mutual violence, and become involved in a lasting war in a deadly environment, keeping up bloody conflict for a long time.
In this way, under the guise of mutual help and cooperation, the unquenchable flames of hatred and revenge between tribes and the fiery current of enmity continued to flow unabated. The fundamental reason was that, abandoning the path of justice and fairness, they did not believe in the principle of qisas—“a life for a life”—nor did they consider it sufficient. Consequently, instead of pursuing the lawful retaliation for murder through the Shariah-compliant process, they transformed the incident into widespread mass killing. Yet Almighty Allah has made qisas obligatory upon us, with the purpose of establishing a justice-based system for judging wrongful killing and eliminating injustice and oppression from society.
It has also been stated in this connection that “there is life for you in qisas.” This is because qisas prevents the shedding of blood by the killer’s heirs and guardians, preserves lives, and removes discord and corruption. [Through qisas, the killer is prevented from having the opportunity to commit further murders.] Moreover, even if someone secretly intends to kill another person, when he learns that his own cherished life will not subsequently be safe and that he too will die as qisas, he will certainly refrain from taking such a grave risk with his life.
It is narrated from Ali ibn Abi Talib (may Allah be pleased with him) and Amr ibn Shu’ayb (may Allah be pleased with him) that the Noble Prophet (peace be upon him) said—
(Arabic**********)
“The blood of all Muslims is equal, and they are united in this matter; all of them strive to treat the dhimmis well. Beware! No person bound by a covenant may be killed so long as he remains faithful to his covenant, nor may a Muslim be killed in opposition to a disbeliever.” (Ahmad, Abu Dawud)
The Noble Prophet (peace be upon him) declared in this regard: the blood of all Muslims is equal, regardless of whether they are young or old, noble or humble. He gave no precedence to an Arab over a non-Arab or Persian, to a Qurayshi Hashimi over a non-Qurayshi Hashimi, to a free person over an emancipated slave, to a scholar over an ignorant person, or to a king over a preacher. This is the unanimous view of all Muslims and a universally accepted decision. However, because the proponents of the ideas of the Age of Ignorance and the Jewish ruling class issued self-serving commands under the shelter of contrary methods and erroneous policies, the entire Arab world became engrossed in mutual fighting and bloodshed.
In the settlements adjacent to Madinah lived two Jewish tribes, Banu Nadir and Banu Qurayzah. More members of the Banu Nadir tribe had been killed in conflict with Banu Qurayzah, for which reason they appointed the Noble Prophet (peace be upon him) as judge. The Jews had altered the ruling concerning the hadd for zina to such an extent that, instead of stoning, they branded the offender with an iron. Then the Jews came to the Muslims and began saying, “If your Prophet issues this ruling, it will serve as evidence for us. Otherwise, it will be proven that you have abandoned the ruling of the Torah.” In this context, Allah the Exalted revealed the following verse:
(Arabic**********)
“O Messenger! Do not let the disbelief-driven activities of the people distress and grieve you—those who say only with their mouths, ‘We have believed,’ while their hearts have not believed….
Therefore, O Prophet! If they come to you for judgment, you may either judge between them or decline to do so as you wish. But if you turn away from them or refrain, they can cause you no harm whatsoever. And if you must judge, then judge between them on the basis of justice, for surely Allah loves those who act justly and fairly….
Do not fear people; fear Me, and do not exchange My verses for a small price. Those who do not judge according to the Book revealed by Allah are the disbelievers. And in the Torah I prescribed for the Jews that a life is for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and wounds are to be repaid with wounds of equal measure.” (Surah al-Ma’idah: 41–45)
In the verse under discussion, Allah the Exalted has stated that all lives belong to the same category and that none may claim superiority over another. Yet the Jews continually manifested this kind of discriminatory principle in their transactions and conduct.
(Arabic**********)
“O Prophet! We have revealed to you the true Book, confirming the Books revealed before it and serving as their guardian. So judge between them according to what Allah the Exalted has revealed to you, and do not follow their base desires and passions, turning away from the truth that has been revealed to you. For each of you We have appointed a distinct path and Shariah….
Do they still seek the judgment of the Age of Ignorance? And who can be a better judge than Allah for those who believe?” (Surah al-Ma’idah: 48–50)
In the verse under discussion, Allah the Exalted has decreed that the lives, persons, and blood of all Muslims, without distinction between high and low, are equal and of the same value. Yet most killings, murders, and injuries in the Age of Ignorance took place according to the demands of desire and personal whim. Consequently, every settlement, including cities, ports, and secluded villages, became afflicted by its poisonous effects. Whatever the apparent causes may have been, the real and sole cause was the rebellious tendency of the heart toward Allah, together with the absence of an effective role for justice, fairness, and equity in judgment. Tribe after tribe continually competed to establish superiority, preeminence, and dominance over one another—whether concerning killing and bloodshed or wealth and property. They regarded exerting dominance over one another as a matter of honor and glory. Disregarding the effectiveness of justice, neither of the two parties paid any heed to patience, generosity, or magnanimity. Both sides wronged, oppressed, and persecuted one another. Whatever one side did, the opposing side was in no way less severe. This was the actual picture of social justice at that time. Thus, in such an unpleasant and anarchic environment, the Holy Qur’an commanded the implementation of fairness, justice, and equity, and declared invalid all forms of جاهلي laws, regulations, and rulings prevalent in contemporary society. Whenever a mujaddid or reformer enters the field with a role and practical measures for social reform, he must advance at the outset by adopting fairness, justice, and equity. This has been the established course throughout the ages.
In this regard, the judgment of the Holy Qur’an is:
(Arabic**********)
“If two groups of Muslims engage in fighting and conflict with each other, reconcile between them. Then, if one group commits oppression and aggression against the other, fight against the aggressing group until it returns to Allah’s command. Then, when it returns, reconcile between both sides on the basis of equality and justice. Surely Allah loves those who are just and fair. The Muslims are only brothers to one another, so establish reconciliation, harmony, and mutual goodwill between your brothers.” (Surah al-Hujurat: 9–10)
The best course regarding retaliation for a killing is, first of all, to seek pardon from the heirs of the slain person. For the Qur’an states:
(Arabic**********)
“The retribution for an injury is an injury equivalent to it. Then whoever among the wronged forgives the retaliation for the wrong done to him, it shall be an expiation for his own sin.” (Surah al-Ma’idah: 45)
It is narrated from Anas (may Allah be pleased with him) that he said: (Arabic**********)
“Whenever a case or lawsuit warranting qisas was presented before the Noble Prophet (peace be upon him), he would instruct that forgiveness be granted.” (Abu Dawud)
It is narrated in Sahih Muslim through the chain of Abu Hurayrah (may Allah be pleased with him) that the Noble Prophet (peace be upon him) said:
(Arabic**********)
“Charity does not diminish wealth, and whoever forgives another, Allah surely increases his honor and dignity; and whoever shows humility for the sake of Allah, Allah grants him a high rank.” (Muslim)
The discussion has concerned Islam’s egalitarian principle, and it has become clear that all Muslims belong to the same class and possess equality. However, in terms of equal status, a dhimmi disbeliever and a Muslim cannot be on the same level; rather, there is a difference in belief between them. All scholars agree on this matter. Likewise, if a dhimmi disbeliever comes to a Muslim-populated city for travel or business, then, by unanimous agreement, he will not be on the same level as a Muslim, nor will he be regarded as entitled to equal rights with a Muslim.
Some scholars, however, have remarked that kufu, that is, Islamic equality, also applies in the case of a dhimmi, and that he is entitled to enjoy all the facilities and benefits available to a Muslim citizen.
The second type of killing is “qatl shibh al-‘amd” (semi-intentional killing), which is almost similar to “intentional killing.” Regarding this, the Noble Prophet (peace be upon him) said:
(Arabic**********)
“Beware! For intentional killing with a whip or a stick, the penalty for qatl shibh al-‘amd is one hundred camels, forty of which must be she-camels that are pregnant.”
In fact, this is called “shibh al-‘amd,” because the person striking with a whip or stick has certainly committed an act of oppression. For in striking, he was unable to remain within the proper measure and limits. But it is also true that such a blow does not always result in death; rather, exceptions to this are frequently observed.
The third type of killing is “qatl al-khata,” or accidental killing. For example, someone fires a gun or shoots an arrow at game, but it strikes a person instead. Yet he had no intention or plan whatsoever behind it, and consequently this unimaginable incident occurred. Therefore, the ruling of hadd, that is, capital punishment, will not be imposed in return for it; rather, in such a case, Shariah prescribes kaffarah, diyah, and the payment of blood money. Numerous related legal questions have been recorded in the books compiled or written by scholars.
[Twenty-two]
Of wounds qisas and limbs qisas
Of wounds qisas, hand–foot in exchange for hand–foot must be cut must, tooth if broken tooth must be broken must, someone’s head having cut if one does in return head must be cut must।
Qisas, or retaliation, for wounds is wajib. This is established by the Qur’an, Hadith, and ijma. However, the condition is that one must remain within the bounds of maintaining equivalence. If someone breaks another person’s hand from the wrist, it is permissible, in retaliation, for the injured person to have his hand broken from the wrist. If someone’s tooth is broken, it is permissible to break the opposing party’s tooth in retaliation. If the head and face are wounded in such a manner that the bone inside becomes visible, it is permissible to wound the assailant’s face and head to an equivalent degree. (Of course, all of this must take place through the judicial authorities.)
Indeed, if a wound is of such a degree that equivalence cannot be achieved through a retaliatory counterblow—for example, if the inner bone has been broken, or if the wound is of such a degree that the inner bone is not visible—in such a situation, qisas cannot be taken; rather, a proportionate compensation for the wound must be collected.
The manner of qisas, or retaliation, is that one strikes with the hand or beats with a stick. For example, a slap, a punch, a blow with the fist, or a strike with a stick is to be administered. According to some scholars, the ruling of qisas does not apply in the situation under discussion; rather, ta’zir, that is, disciplinary and corrective punishment, must be prescribed, since proportional equivalence cannot be established in this case. However, the statements of the Rightly Guided Caliphs and other Companions indicate that qisas is sanctioned by the Shariah in this case.
Imam Ahmad (رحمه الله) and other Imams expressed this very view, and the hadiths of the Noble Prophet (صلى الله عليه وسلم) also convey this meaning. Abu Firas (رحمه الله) says: On this matter, Umar ibn al-Khattab (رضي الله عنه) once delivered a sermon containing a quotation from a hadith, whose wording was:
(Arabic**********)
“Beware! Remember, by Allah, I do not send rulers to you so that they may continue to beat you, nor do I send them with the aim of seizing your wealth and property. Rather, I send them only to teach you your religion and the teachings and ideals of the Noble Prophet. Therefore, if any of them commits an act contrary to this, let him be brought before me. By Him in whose power my soul lies, I will certainly exact qisas, or retaliation, from those people (the tyrannical government officials).”
Thereupon Amr ibn al-As (رضي الله عنه) stood up and said: O Commander of the Believers! If an amir or governor protects the Muslims and is engaged in developing the people’s character and providing moral instruction, will you exact qisas from him as well? Umar (رضي الله عنه) replied: Yes, by Allah! (If he commits a similar injustice,) I will exact qisas from him as well. And I am not the only one who exacts qisas—the Noble Prophet himself (صلى الله عليه وسلم) also took qisas, or retaliation, for his own life and person. Beware! Do not beat the Muslims, do not humiliate them, and do not suppress their rights. For it is not unlikely that, as a consequence of these things, a tendency toward disbelief may arise among them.” (Musnad Ahmad)
The summary of the account under discussion is that rulers, judges, regional governors, and governors must not unjustly beat or punish anyone. If a member of the public is beaten for a valid reason and the beating or striking is carried out in accordance with the rulings of the Shariah, then, by ijma, that is, unanimous consensus, the ruling of qisas does not apply to the aforementioned officials. This is because lawful and Shariah-compliant beating, striking, and wounding will either be wajib or will be mustahabb, that is, lawfully commendable. Qisas does not apply to any of these three.
[Twenty-three]
Qisas of various types of defamation qisas
honor–and reputation qisas is also permissible, Insulting someone is a crime। This too has a legally prescribed qisas in place। If someone another person’s father–and grandfather, lineage and tribe’s name indecent remarks and sta tements expresses about them, in retaliation thereafter the opponent’s father–and grandfather, lineage and tribe’s name similar remarks to make is permissible not। because they indeed against him any wrong have not committed।
Taking retribution for harm to a person’s dignity, honour, and reputation is also sanctioned by the Shariah. This is done as follows: if one person hurls curses at another or invokes a malediction against him, it is permissible for the second person, in retaliation, to direct similar words at the first. If someone genuinely insults another, without any admixture of falsehood, the other may likewise insult him in reply. However, forgiveness is better. Almighty Allah says:
(Arabic***********)
“The recompense of an evil is an evil like it; but whoever pardons and reconciles, his reward is with Allah. Indeed, He does not like the wrongdoers. And those who, after having been wronged, take revenge—there is no blame against them. (Surah al-Shura: 40–41)
The Noble Prophet (peace be upon him) said:
(Arabic***********)
“Whoever responds face to face will receive the same in return, but the initiator will receive something additional, as long as he does not wrong the oppressed.”
Indeed, this is what is called (****), namely taking retaliation. Secondly, if an insult contains no trace of falsehood, it too may be answered in retaliation—for example, exposing the moral defects of that person or calling him a dog, donkey, and so forth. But if someone makes a false accusation or fabricated allegation against another, it is not permissible to retaliate with a similar fabrication and false accusation. If someone calls another a kafir or a fasiq without cause, it is not permissible for the latter to call him a kafir or fasiq in return. If someone curses another’s father, grandfather, lineage, tribe, or fellow townspeople, it is not permissible to respond with similar words against those people. This is injustice and wrongdoing, because they did nothing to him. Rather, the person present and directly involved was the one who committed whatever unjust oppression was inflicted upon him. Almighty Allah says concerning this:
(Arabic***********)
O believers! Stand firm in giving just testimony for Allah, and do not let hatred of any people—or your desire for retaliation—reach such a degree that you commit injustice. Rather, be just. That is nearer to taqwa, that is, God-consciousness. (Surah al-Ma’idah: 8)
Therefore, defaming someone or wronging him by harming his honour and dignity is haram. Nevertheless, retaliation is possible: for example, if one person invokes a malediction against another, the oppressed person may invoke an equal malediction against the first person, without exaggeration or excess. But if this involves a right of Allah—for example, if he told a lie—it is not permissible for the other person to lie in response.
Similarly, most Islamic jurists say that if someone burns a person to death, drowns him, strangles him, or kills him by any other method, then, in taking retaliation, the same method that he used may be employed by the court. It must, of course, be ensured that the retaliatory punishment is not haram. For example, if someone makes another drink alcohol, the latter may likewise make him drink alcohol in return. Or if he committed male homosexual intercourse, then the same ‘lawatat,’ that is, male homosexual intercourse, may be committed with him in return.”
Some Islamic legal scholars hold that the punishment for burning someone to death, drowning him, or strangling him should be execution by striking off his head with a sword. However, the view mentioned earlier concerning this matter is more consistent with the Qur’an and Hadith.
[Twenty-four]
Zina–and adultery the false accusation maker’s punishment concerning
There is no qisas for a false accusation; rather, a punishment is prescribed for it. The hadd of qadhf will not be imposed on one who falsely accuses married, free, innocent Muslims of adultery. Nor will the hadd of qadhf be imposed on one who accuses a person openly involved in sin of zina, that is, adultery, (****). There is no qisas for fabricated statements and false accusations; rather, there is a prescribed punishment. The hadd of qadhf is included among false accusations, and it is established by the Qur’an, Hadith, and ijma. Almighty Allah says:
(Arabic***********)
“Those who accuse chaste women and do not produce four witnesses to support it—flog them eighty lashes and never accept their testimony thereafter. They are the defiantly disobedient. Except those who repent thereafter and reform; then Allah is certainly All-Forgiving, Most Merciful.” (Surah al-Nur: 5–4)
If a virtuous person is accused of zina or lawatat (male homosexual intercourse), the hadd of qadhf—the punishment for falsely accusing someone of adultery—becomes obligatory against the accuser. He is then to be given eighty lashes. If he is accused of something else, ta‘zir, that is, a disciplinary punishment, must be imposed upon him.
Only the person who was specifically (*****) accused is entitled to this hadd. Therefore, this hadd will be imposed only when he requests that it be imposed. This is the unanimous ruling of the experts. If the person who was accused forgives, the hadd may be waived. There is also absolute consensus among the scholars on this matter, because the right of the injured person is predominant in this case, as with qisas concerning property and other personal rights. Some, however, say that the hadd cannot be waived, since the right of Allah is also involved; therefore, like the other hudud, it cannot be forgiven.
The hadd of qadhf becomes applicable only when the maqdhuf (the person against whom the accusation was made) is married, Muslim, free, and chaste. Thus, no hadd is imposed for accusing a person stained by various accusations and acts of sin. Likewise, no hadd is imposed for falsely accusing a kafir or a slave. However, ta‘zir must be imposed upon them. A husband may disclose an accusation of adultery against his wife if she has committed adultery, even if she has not become pregnant through zina. But if she becomes pregnant through zina and the child is born, it is obligatory to accuse the wife of adultery and deny the child by saying, “He is not mine,” so that something belonging to another may not be attributed to oneself.
If a husband accuses his wife of zina, the wife may either acknowledge the zina or perform li‘an, as described in the Qur’an and Hadith. If the person making the qadhf, that is, the accuser, is a slave, half the hadd will be imposed upon him. The same ruling applies to the punishments for zina, adultery, and drinking alcohol: he is to receive half the punishment. Thus, concerning male and female slaves, the Qur’an says:
(Arabic***********)
“If they commit adultery after marriage, their punishment shall be half that of free women.” (Surah al-Nisa: 25)
But when the hadd punishment requires execution or amputation of the hand, the punishment is not halved; rather, the full punishment must be carried out. That is, the death penalty must be fully implemented, and the hand must be amputated to the extent required. In this case, the punishment cannot be divided in half.
[Twenty-five]
Husband–and wife’s mutual relationship and rights
The subject matter of this chapter is the mutual right of sexual intercourse between husband and wife, the marital relationship, mahr, maintenance, and household matters.
In married life, it is obligatory upon both husband and wife to maintain a good relationship with each other and to act according to Allah’s command in properly fulfilling each other’s rights. Almighty Allah says:
(Arabic***********)
“Then retain the wife according to the law or release her with kindness.” (Surah al-Baqarah: 229)
It is obligatory upon both husband and wife to take care, willingly and cheerfully, to fulfil each other’s rights properly in married life. The wife has a right to the husband’s property; during the husband’s lifetime, this consists of the mahr and maintenance. Her physical right is that the husband satisfy her sexual needs in a lawful and proper manner and treat her appropriately. If, in this regard, the husband swears an oath that he will not have intercourse with his wife—an ila’—the wife acquires the right to divorce by the unanimous consensus of scholars of all levels. If the husband has a normal male organ or is impotent and incapable of intercourse, he is nevertheless obliged to have intercourse with his wife and remain with her in the same bed. Some have said that if this condition is congenital, intercourse is not obligatory upon him. The sound view, however, is that intercourse is obligatory. The Qur’an, Hadith, and the fundamental principle of the Shariah (****) support this view. The Noble Prophet (peace be upon him) saw Abdullah ibn Umar (may Allah be pleased with him) fasting excessively and spending a great deal of time in prayer, and said to him: (Arabic***********) “Your wife also has a right over you.”
Therefore, intercourse is obligatory. But how often must intercourse take place? There is disagreement on this matter. Some have said that intercourse is obligatory at least once every four months. Others have said, no; rather, it is obligatory according to the husband’s strength and the wife’s need, just as maintenance is obligatory. Indeed, this is the reasonable resolution. On the other hand, the wife also has rights over her husband: that is, he may have intercourse with her whenever he wishes. The condition, however, is that she must not be harmed or rendered unable to fulfil another obligatory right. It is the wife’s duty to give her husband the opportunity for satisfying intercourse. Moreover, it is forbidden for the wife to leave her husband’s home without her husband’s permission or the permission of the Shariah.
The jurists disagree concerning household work, such as making the bed, sweeping the rooms, keeping the house clean, and preparing rice, curry, and other food. Some hold that these tasks are obligatory for the wife, while others hold that they are not. Another group says that providing a moderate level of service is obligatory for the wife.
[Twenty-six]
Wealth–and property in adjudication the standard of justice maintaining and upholding
Disputes concerning wealth and property must be settled on the basis of justice. Adopting justice and fairness in conduct is the key to happiness and peace, and through it both this world and the Hereafter are purified.
Disputes concerning wealth and property must be settled on the basis of justice and fairness, in accordance with the commands of Allah and His Messenger (peace be upon him). For example, inheritance must be distributed among heirs in accordance with the Sunnah, although there is disagreement regarding some of its legal consequences. Likewise, in transactions and exchanges—such as buying and selling, leasing, appointing an agent, partnership, gifts, waqf, and bequests—decisions and settlements must be made on the basis of justice and fairness. Justice must be established in all transactions in which buying, selling, and taking possession are conditions, because the stability of the world depends upon justice. In its absence, neither this world nor the Hereafter can attain clarity and purity. Every sensible person can understand the need for justice in these matters. For example, the buyer must pay the price of the purchased item immediately, while the seller must hand over the sold goods to the buyer. Giving short measure or weight is wholly haram. In buying and selling, it is obligatory to speak truthfully and provide an accurate description. Conversely, lying, betraying, breaking trust, adulterating goods, and deceiving are haram. Repaying a debt and expressing gratitude and praise to the creditor are obligatory.
In general, justice and fairness cannot apply to all conduct and dealings prohibited by the Qur’an and Hadith; prohibited actions necessarily involve varying degrees of wrongdoing and injustice. For example, unlawful earning, such as interest and gambling, is prohibited by the Noble Prophet (peace be upon him). Therefore, all forms of gambling and interest are haram. Moreover, buying and selling through deception and fraud is haram. It is also haram to sell a flying bird without catching it, sell fish beneath the water without catching them, sell something without fixing a term, sell anything on the basis of guesswork and speculation, sell adulterated or defective goods while claiming them to be pure, sell fruit before it becomes fit to eat, conduct partnerships in an impermissible manner, engage in transactions that cause disputes among Muslims, transactions containing any harmful element, doubtful sales, and sales that some people consider lawful and just while others consider unjust and oppressive. Such sales are fasid. It is obligatory and necessary for the state to invalidate them. Therefore, it is essential to avoid them. Allah says:
(Arabic************)
“If you believe in Allah and the Last Day, then obey Allah, obey the Messenger, and those in authority among you. If you differ over anything, refer it to Allah and His Messenger’s principles and guidance. That is best and fairest in interpretation.” (Surah al-Nisa: 59)
The fundamental principle in this matter is that any transaction or business activity made haram by the Qur’an and Sunnah is haram. Any act of worship sanctioned by the Shariah and established by the Qur’an and Hadith is an act of worship. Almighty Allah has condemned those who declared unlawful for themselves things that Allah had not actually made unlawful. Conversely, they declared permissible and lawful for themselves things whose permissibility had no evidence or proof recognized by the Shariah.
(Arabic************)
“O Allah! Grant us the ability to regard as halal what You have made halal. Likewise, grant us the tawfiq to regard as haram what You have made haram.”
And, O God, grant us the tawfiq to follow the laws and regulations that You have prescribed.
[Twenty-seven]
Country in governing consultation-based system
It is necessary for the amir, the person in power, and the ruler to seek consultation. Allah the Exalted commanded His Messenger (peace be upon him): (Arabic************) “Consult them in important matters.” Allah praises those who seek consultation: (Arabic************)
“Those in authority must consult one another.”
Allah instructed His Messenger (peace be upon him): (Arabic************)
“Pardon them, pray for their forgiveness, and consult them in matters. Then, when you have reached a firm decision concerning a matter, place your trust in Allah. Indeed, Allah loves those who place their trust in Him.” (Surah Al Imran: 159)
It is narrated from Abu Hurayrah (may Allah be pleased with him) that he said: (Arabic************)
“No one consulted his Companions more than the Messenger of Allah (peace be upon him).”
It has been said that the command for the Messenger of Allah (peace be upon him) to seek consultation was given specifically to please the noble Companions. It was also intended that, following the Messenger of Allah (peace be upon him), consultation would later become an established principle. When revelation has not decided a matter—for example, warfare and minor details—it is necessary to seek people’s opinions in reaching a decision. If the Noble Prophet (peace be upon him) himself sought consultation in such matters, others are even more in need of consultation. Allah Himself demonstrated a model for His servants by seeking the angels’ opinions before creating humanity, although He has no need of consultation. Allah has praised those who seek consultation. Thus, He says:
(Arabic************)
“What is with Allah is better and more lasting. It is for those who believe and rely upon their Lord, and for those who avoid the major sins and immoralities and, even when angered, forgive others; those who respond to their Lord’s call, establish prayer, conduct their affairs through mutual consultation, and spend from what We have provided them—these too shall have that better and more lasting provision.” (Surah al-Shura: 36–38)
‘Ulil amr’ means those in authority or leaders. Once a decision has been reached through consultation and on the basis of the Qur’an, Hadith, and ijma, it is forbidden to follow anyone contrary to it. Accepting the decision reached and acting accordingly also becomes obligatory upon the ulil amr. The same principle applies to every major and minor problem in religion and worldly affairs. In this matter, it is not permissible to follow anyone else. Allah’s command concerning this is:
(Arabic************)
“O believers, obey Allah and obey the Messenger, and obey those among you who are vested with authority and responsibility.” (Surah al-Nisa: 59)
But if disagreement arises among Muslims concerning any problem that has emerged, then in such circumstances it is especially necessary to seek the people’s counsel. Therefore, one should act upon the opinion and advice that are most compatible and closest to the Qur’an and Hadith. The command of Allah Most High is:
(Arabic************)
But if disagreement arises among Muslims concerning any problem that has emerged, then in such circumstances it is especially necessary to seek the people’s counsel. Therefore, one should act upon the opinion and advice that are most compatible and closest to the Qur’an and Hadith. The command of Allah Most High is:
(Arabic************)
“If you disagree about anything, refer it to Allah and the Messenger, if you believe in Allah and the Last Day. That is better and best in outcome.” (Surah al-Nisa: 59)
“Ulil amr,” that is, the leadership vested with authority, is of two kinds: (1) rulers, and (2) scholars. If they are righteous, the people too will become righteous. Therefore, the responsibility of both classes is to verify and investigate every matter in word and deed. When a clear solution to a problem is found in the light of the Qur’an and Hadith, acting upon it is obligatory. When a difficult problem arises, it must be examined and analyzed with deep insight and careful attention, down to the finest detail, to determine how Allah and the Messenger (peace be upon him) can be followed in reaching a decision.
One must observe in which direction the Qur’an and Sunnah point. Decisions should be made only after extremely careful consideration and deliberation. If an immediate solution is not possible because of lack of time, the inability of the investigator, conflicting proofs and evidence, or some other reason, then it is the duty of those in authority to follow a person whose wisdom, foresight, and piety are universally recognized. This is the sound solution.
It has also been said that following or practicing taqlid of anyone is not permissible.” These three approaches are recorded in the madhhab of Imam Ahmad and others. It must also be considered whether judges and those in authority possess all the qualities and character traits that are essential. The same ruling applies to all acts of worship, such as prayer and jihad: one must act and work according to one’s strength and ability. If those concerned lack the strength and are incapable, it is not Allah’s practice to command anyone beyond his capacity.
The matters of taharah, purification, and cleanliness are likewise founded upon this same principle. First, purification is prescribed through water. But if water is unavailable or its use is feared to cause harm—for example, if the cold is extremely severe or using water is likely to worsen a wound—then purification through tayammum is prescribed. In this context, the Noble Prophet (peace be upon him) said to Imran ibn Husayn (may Allah be pleased with him):
(Arabic************)
“Pray standing; if that is not possible, then pray sitting. If you are unable even to sit, then pray lying down.”
Likewise, Allah Most High has commanded that prayer be performed at its proper time in whatever manner is possible under the circumstances. It is stated in this regard:
(Arabic************)
“Guard strictly the prayers, especially the middle prayer, and stand before Allah devoutly. If you fear the enemy, then pray while walking or riding, in whatever condition you may be. When you are secure, remember Allah as He has taught you what you did not know.” (Surah al-Baqarah: 238–239)
Allah Most High has made prayer obligatory upon everyone—those who are secure or afraid, healthy or ill, rich or poor, resident or traveling—as established by the Qur’an and Hadith. Similarly, He has prescribed purification, cleanliness, covering the awrah, facing the qiblah, and so forth as prerequisites for prayer. But He has excused the person who is unable to fulfill these conditions. Even if someone’s boat sinks, thieves and bandits plunder his belongings and remove his clothing, he should in such circumstances perform the prayer naked, according to his condition. In this situation, the imam should stand among everyone in such a way that no one’s awrah is exposed to view. If someone does not know the direction of the qiblah, he should try as far as possible to determine it and pray only after making his utmost effort. If he finds no evidence by which to determine a particular direction, he should pray facing whichever direction is possible, just as prayer was performed during the time of the Noble Prophet (peace be upon him).
The same applies to jihad, the administration of the state, and all religious matters. In this context, Allah Most High has declared the principle in the Qur’an:
(Arabic************)
“O Muslims, fear Allah as much as you are able.” (Surah al-Taghabun: 16)
And the Noble Prophet (peace be upon him) said: (Arabic************)
“When I command you to do something, act upon it as far as you are able.”
Similarly, although Allah Most High declared khabith—that is, impure, unwholesome, and defective food and drink—unlawful, He also said:
(Arabic************)
“Whoever is compelled by necessity, without desiring it or transgressing, shall incur no sin (if he eats enough of the flesh of a dead animal to preserve his life). Allah is Most Forgiving, Most Merciful.” (Surah al-Baqarah: 173)
He also said: (Arabic************)
“He has not placed any hardship upon you in your religion.” (Surah al-Hajj: 78)
Elsewhere He said: (Arabic************)
“Allah does not intend to place you in difficulty.” (Surah al-Ma’idah: 6)
Thus Allah Most High has made obligatory only what lies within human ability. Conversely, what is beyond one’s power and capacity is not obligatory. Therefore, in a state of necessity, He has not prohibited what there is no alternative to using. Thus, if a servant, being helpless, uses or does something unlawful only to the limited extent required, it is not counted as a sin.
[Twenty-eight]
Assuming authority and administering governance is a great religious deed
Assuming authority, establishing government, and administering rule are among the greatest pillars of the religion and an important responsibility; indeed, the existence and stability of the religion are connected with them.
In this regard, the Noble Prophet (peace be upon him) said: (Arabic************)
“When three people set out on a journey, they should appoint one of them as leader (imam).” (Abu Dawud)
Assuming authority and administering the state are among the greatest and most important responsibilities of the religion; indeed, the existence and stability of the religion are connected with them. For the national and collective welfare of people cannot be achieved without united effort. Some people’s needs and demands are such that they cannot be resolved without a group or jama’ah. Since the jama’ah is obligatory and essential, having an amir or leader for the jama’ah is also obligatory.
Imam Ahmad narrated in his Musnad, through Abdullah ibn Umar (may Allah be pleased with him), that the Messenger of Allah (peace be upon him) said:
(Arabic************)
“If three people travel through a desert, it is essential that they appoint one of them as their amil.” (Musnad Ahmad)
The Messenger of Allah (peace be upon him) said that no matter how small a group is, and whether it is merely temporary or traveling, it is obligatory for them to appoint an amir from among themselves. This is meant to serve as a warning to all other groups: if it is obligatory for only three people gathered for travel to choose an amir or leader, then applying this ruling to other jama’ahs is even more necessary. For Allah Most High has made obligatory the command to enjoin good and forbid evil. Others cannot properly fulfill this responsibility without an amil.
Likewise, jihad, establishing justice, performing Hajj, establishing the Friday and two Eid prayers, helping the distressed and oppressed, implementing the hadd punishments, and other obligatory and necessary duties cannot be implemented without power, authority, and the leadership of a leader. It has been narrated concerning this: (Arabic************)
“Indeed, the just sultan or ruler is Allah’s shade on earth.”
Moreover, it has been said that sixty years under an oppressive and tyrannical sultan or ruler are better than spending one night without a ruler. Practical experience also indicates that having an oppressive and tyrannical king is preferable to living without a ruler. In this context, Fudayl ibn Iyad, Imam Ahmad ibn Hanbal, and other righteous early Muslims made statements such as this:
(Arabic************)
“If our supplication were sure to be accepted, we would supplicate for the sultan.”
The Noble Prophet (peace be upon him) said:
(Arabic************)
“Allah Most High is pleased with you for three things. First: that you worship Him alone and associate no partner with Him. [People cannot live under any circumstances without an amir and ruler, for otherwise they will commit oppression and injustice against one another. Consequently, they will be destroyed, because no one will remain to resist and protect them from wrongful persecution. Corrupt people will continue to oppress freely and fearlessly and plunder one another’s property. Then anarchy and disorder will arise among them. In this way they will destroy themselves and bring others to ruin. For this reason, it is extremely necessary for a sultan or ruler to exist, even if he is unjust. In this context it has been said, ‘Being ruled for sixty years under an unjust ruler is better than spending one night without a ruler.’] Second: that you hold fast together to the rope of Allah and do not become divided. Third: that you advise and wish well for the person whom Allah has appointed as your ruler.” (Muslim)
He also said: (Arabic************)
“A Muslim’s heart cannot be stingy in three matters: (1) performing his deeds with complete sincerity for Allah, (2) offering sincere counsel to the rulers of the country, and (3) holding fast to the jama’ah of Muslims. For their supplication surrounds them from behind.” (Ahl al-Sunan)
A hadith of the Noble Prophet (peace be upon him) is narrated in Sahih al-Bukhari:
(Arabic************)
“Religion is sincere counsel; religion is sincere counsel; religion is sincere counsel.” (Bukhari)
The Companions asked, “O Messenger of Allah (peace be upon him), sincere counsel is for whom?” He replied, “For Allah, for His Book, for His Messenger, and for the Muslim people and their imams, that is, their leaders.”
Therefore, Muslims should establish Islamic leadership and Islamic governance with the aim of religion and attaining nearness to Allah, through which nearness to Allah may be achieved. For obedience to Allah and His Messenger (peace be upon him) is the best act of worship. For obedience to Allah and His Messenger (peace be upon him) is the best act of worship. But in time, sedition, corruption, and disorder arise. A person desires to acquire wealth under the shelter of state power and makes it a means of obtaining the riches he covets. As a result, he destroys his religion and Hereafter and becomes a vessel for (Arabic****). Thus Ka’b ibn Malik (may Allah be pleased with him) narrated a hadith of the Noble Prophet (peace be upon him). The Prophet (peace be upon him) said:
(Arabic**********)
“They are like two hungry wolves released among a flock of sheep, busy destroying the sheep. One is the love and greed for people’s wealth, and the other is the desire for status and honor in religious matters.” (Al-Tirmidhi called it a hasan hadith)
The Noble Prophet (peace be upon him) warned in this regard that the love of wealth and power are two things that destroy religion. In reality, it is also observed that most sedition and corruption occur because of these two hungry wolves. These two hungry wolves in fact tear apart and plunder the human flock.
Allah Most High has informed us about a person whose record of deeds will be given into his left hand. Seeing this, he will exclaim:
(Arabic**********)
“My wealth has not benefited me at all. My authority has vanished.” (Surah al-Haqqah: 28–29)
The fate of those who crave kingship and power is like that of Pharaoh, while the condition of those who hoard wealth is like that of Qarun.
Allah Most High has referred in the Noble Qur’an to the condition of Pharaoh and Qarun, saying:
(Arabic**********)
“Do they not travel through the land and see what was the fate of those before them? They were superior to them in strength and achievements in the land. Then Allah seized them for their sins, and there was none to protect them from Allah’s punishment.” (Surah Ghafir: 21)
Allah also says: (Arabic**********)
“That home of the Hereafter We assign to those who do not seek superiority in the land or spread corruption. The good end is only for the God-fearing.” (Surah al-Qasas: 83)
People are generally of four types.
(1) Those who desire high status, leadership, authority, and supremacy create disorder and corruption in Allah’s earth. To attain high status and leadership, they consider hypocrisy, deceit, fraud, and the like permissible. Yet this is an extremely grave and heinous crime. Such kings, presidents, and criminal leaders belong to the party of Pharaoh and the Pharaoh-like group. Among Allah’s creation, they are the vilest of living beings. Allah Most High says:
(Arabic**********)
“Indeed, Pharaoh had become arrogant in the land and divided its inhabitants into factions, weakening one group among them: he slaughtered their sons and spared their women. He was truly a corrupter.” (Surah al-Qasas: 4)
It is narrated in Sahih Muslim through Ibn Abbas (may Allah be pleased with him) that the Noble Prophet (peace be upon him) said:
(Arabic***********)
“Whoever has even a speck of arrogance in his heart will not enter Paradise, and whoever has even a speck of faith in his heart will not enter Hell.” (Muslim)
Someone asked, “O Messenger of Allah (peace be upon him)! I very much like my clothes and shoes to look beautiful. Is this also included in arrogance and pride?” He replied:
(Arabic***********)
“No, this is not pride or arrogance. Rather, Allah is Beautiful and He loves beauty. Arrogance is rejecting and trampling the truth and considering people lowly and contemptible. This is the condition of those who are ambitious, seek leadership, authority, and status, and create corruption in society.”
(2) Those who cause corruption and disorder in the earth but in reality have no connection with high status, leadership, or authority, such as thieves, bandits, hooligans, and criminals. Such criminals generally belong to the lower classes of society and create disorder within it.
(3) Those who seek status, honor, and respect but are not interested in creating disorder and corruption in society. They belong to the pious class and possess religion; through that religion they seek honor and respect among people.
(4) At this level are those who truly deserve Paradise. They are devoted to Allah and people of truth. They do not desire status and honor. Moreover, they do not create corruption on earth; nevertheless, they possess high rank. As stated in the Noble Qur’an:
(Arabic***********)
“Do not lose heart or grieve; you will prevail if you are believers.” (Surah Al Imran: 139)
It is also stated therein: (Arabic***********)
“So do not weaken and do not offer peace; you will prevail, and Allah is with you. He will never diminish your deeds.” (Surah Muhammad: 35)
Allah also says: (Arabic***********)
“Honor, might, and power belong to Allah, His Messenger, and the believers.” (Surah al-Munafiqun: 8)
In short, there are power-hungry and highly ambitious people who are the most hated, disgraced, trampled upon, and sunk in the depths of humiliation. Conversely, there are many people of high rank who, despite keeping away from sedition, corruption, and destruction, remain at the summit of honor. This is because the notion of dominating Allah’s creation amounts to oppression against them. For the entire human race belongs to one class and one tribe. If a person, driven by the desire to dominate those of his own kind, applies his strength and skill so that others come under his sphere of authority, that is extreme oppression. It is therefore natural for society to develop hatred, resentment, and anger toward such people. Conversely, for a just person, it is inconceivable to seek dominance over his own brother or to imagine forcing him to live an inhuman life. The oppressive tyrant, however, wants his supremacy and leadership to be established over everyone. The others also possess reason and understanding. They observe that one person has been given superiority over another, as stated in the relevant Qur’anic verse. It was also said earlier that the proper functioning of the human body, with its form and structure, is impossible without its finest organ, the head. In this regard Allah Most High says:
(Arabic***********)
“It is He who has made you successors on earth and raised some of you above others in rank, in order to test you through what He has given you.” (Surah al-An’am: 165)
Allah also says: (Arabic***********)
“In their worldly life, We have apportioned their livelihood among them and raised some of them above others in rank, so that some may employ others in service.” (Surah al-Zukhruf: 32)
Islamic Shariah has given firm instructions that the state and wealth be wholly devoted to the path of Allah and spent properly in the cause of the Deen. The purpose of the state is also to attain nearness to Allah through it, and secondly, to establish and strengthen the Deen of Allah. Therefore, when wealth is spent in the path of Allah, the welfare of both worlds inevitably follows. Conversely, if the Amir, Sultan, or ruler turns away from Islam, all the moral, ethical, and spiritual aspects of the people are liable to be ruined.
The distinction between the obedient servants of Allah and the sinful and disobedient can be discerned through their intentions and righteous deeds. In this connection, it is narrated from the Prophet (peace be upon him) in a hadith recorded by Bukhari and Muslim that he said:
(Arabic***********)
“Allah Most High does not look at your physical forms and faces or at your wealth; rather, He looks at your hearts and your deeds.” (Bukhari and Muslim)
Most presidents, rulers, Amirs, and chiefs are immersed in the allure of the world. Wealth, family pride, distinction, and the like are used for worldly interests and worldly purposes. They are directly deprived of the essential spirit of faith and the complete Deen. It is true that some of them possess a strong religious consciousness, but they are unaware of what would bring it to perfection; consequently, they have abandoned these matters. On the other hand, some of them may recognize their necessity, yet despite this they remain averse to them. This is because they have come to regard governing the state, leadership, chieftainship, and the like as activities opposed to Islam. In reality, they believe that these are actions contrary to the Deen of Islam. In their view, the Deen is tantamount to humiliation and disgrace. They are essentially deprived and bereft of the lofty seats of honour, respect, and dignity.
The condition of the Jews and Christians is also the same and almost identical. They consider their own religion incomplete and regard themselves as incapable and sinful. Moreover, upon seeing various dangers and calamities in the work of establishing the Deen, they become weakened. Considering the Deen humiliating, they abandon it. As a result, the scope of the Deen continues to contract, and since their religion cannot thereby bring any benefit to themselves or to others, they reject the religion itself. There were once two such religions and two such paths. One group found its own religion incomplete; moreover, seeing a hundred obstacles and impediments to establishing the Deen, they became afraid. Consequently, the religious path became extremely difficult. Considering the Deen an object of humiliation, they abandoned it. Furthermore, power, wealth, and knowledge of military strategy are essential for establishing the Deen. Their religion is practically incapable of fulfilling their needs; therefore, they abandoned the original religion with disgust and withdrew from it.
The other side found the state, wealth, the gathering of military means and resources, and guidance regarding warfare when necessary present within their religious system; but since undertaking the responsibility of establishing the Deen lay outside their objectives, they discarded the true religion and breathed a sigh of relief. The two groups are the (*****) accursed Jews and the (*****) misguided Christians. The Jews abandoned religious kingship, governance, and chieftainship altogether, while the Christian Nazarenes abandoned the original religion itself.
Thus, the Sirat al-Mustaqim (the straight and easy path) is the way traversed by those upon whom Allah’s special mercy and grace have descended.
In this connection, it has been declared: (Arabic***********)
“This is the path of those upon whom Allah has bestowed special favour, such as the Prophets, the Siddiqin, the martyrs, and the righteous.”
This same path and same way belonged to Hazrat Muhammad (peace be upon him), then to the Rightly Guided Caliphs, the noble Companions, and subsequently to their followers.
In this connection, the eternal word of the Qur’an is: (Arabic***********)
“And the first forerunners among the Muhajirin and the Ansar, and those who followed them with sincerity—Allah is well pleased with them, and they are well pleased with Him. He has prepared for them gardens beneath which rivers flow, where they will abide forever. That is the supreme success.” (Surah al-Tawbah: 100)
Therefore, it is individually obligatory, or an essential duty, for every Muslim to strive as much as possible to establish the Deen. The responsibility and duty of the one entrusted with state power and governance are greatest in this regard. Through this, he will undertake the work of obeying Allah, establishing the Deen, and promoting the welfare of Muslims; and this same purpose lies behind acquiring state power. Therefore, protecting the state and governing authority is necessary for this purpose. The ruler himself must, to the best of his ability, abstain from forbidden things and remain vigilant to protect others from them as well. He will not be questioned about anything beyond his power.
It should be noted in this connection that wicked people should not be placed in positions of authority. However, a person who is incapable of fulfilling the responsibility of establishing the Deen and striving in the path of Allah through leadership and chieftainship should render only as much service as he is capable of rendering. He should devote himself sincerely and faithfully to the welfare of the nation, and pray to Allah for mutual love and welfare among the Ummah of Muhammad. Moreover, he should remain engaged in promoting welfare to the best of his ability. For Allah does not burden or command anyone with a responsibility beyond his capacity. The Deen can be established only through the guidance of the Quran, the Book of Allah, for it is a guide. The Hadith of the Messenger also has an effective role in this matter. By making these two one’s guides, the help of Allah may be attained. Allah Himself has also set forth commands and injunctions concerning this matter in the Quran.
Therefore, it is obligatory for every Muslim to give precedence to the Quran Hakim and the Hadith of the Messenger (peace be upon him) above everything else. Thereafter, he should continue seeking help and welfare from Allah alone. It should be remembered that this world exists so that it may be spent in the service of the Deen. As Hazrat Mu’adh ibn Jabal (may Allah be pleased with him) said:
(Arabic***********)
“O son of Adam! You are dependent on your worldly life and wealth; likewise, you are in need of provision for the Hereafter, but you are more in need of provision for the Hereafter. Therefore, begin your work with your share of the Hereafter. At the same time, strive somewhat for your share of this world. But if you give your first attention to seeking the wealth of this world, you will lose the wealth of your Hereafter, and this world will become a source of danger for you.”
A Hadith of the Noble Prophet (peace be upon him), narrated by Tirmidhi, supports this statement. The Messenger of Allah (peace be upon him) said:
(Arabic***********)
“When a person begins his morning with concern for the Hereafter as his principal concern, Allah will set his affairs right, create contentment born of abundance in his heart, and the world will come to him in a humbled state. On the other hand, when a person begins his morning with this world as his principal objective, Allah will scatter his possessions, and poverty will appear before his eyes. In reality, he will receive from this world only the amount that Allah has decreed for him.”
In fact, the central meaning of this Hadith is also present in the Quran Hakim, as follows:
(Arabic***********)
“I have created mankind and jinn only for My worship and wholehearted obedience. I do not seek provision from them, nor do I desire that they feed Me. Allah alone is the Provider, and He is the Possessor of mighty power.” (Surah Adh-Dhariyat: 56–58)
Appendix and Du’a
We raise our hands in supplication before the court of Almighty Allah, saying: O Allah! Grant us, our religious brothers, and all the Muslim people that which You love and with which You are pleased.
(Arabic***********)
The End