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· A penalty is the prevention from
doing what Allah prohibits through a deterring punishment, which applies to
every sane mature Muslim able to choose and who perpetrated a sin for which
Islam set a punishment. ·
The punishment for partaking of any
alcoholic or mind altering substance, after one’s confession or the testimony
of two upright witnesses, is to be scourged with eighty stripes.[8] · The punishment of false accusation
of unchastity is to be scourged with eighty lashes. It is that one accuses
another of perpetrating an obscene act without having witnesses. This is a great
vice that decreases the moral integrity of the accuser. · The punishment of fornication for
the unmarried: hundred lashes accompanied with/without leaving his country for a
year. As for the married: it is to be stoned to death. To execute the
punishment, adultery must be positively proved by the testimony of four
eyewitnesses who
must
be sure that they fully saw the crime. Thus, it is a punishment that suits the
act of publicizing obscenity. · The punishment of sodomy is death
for both the married and the unmarried alike.[9] · The punishment of theft which takes
place during inattention of the victim is cutting the hand. The crime is proved
either by confession or by the testimony of two just witnesses. The value of the
stolen item must be more than a quarter of a dinar (a dinar = 4.25 gm of gold),
and the stolen item should not be something unlawful. To apply this punishment,
there should not be general poverty or famine, the country should be applying
social solidarity and Zakah as ordained by Islam. · The punishment of highway robbery is either death, crucifixion, cutting a leg and a hand alternately (one left and other right or vice versa), or exile.
(See the verses and Hadiths of prohibition
mentioned in: Manners of consuming food and beverages.) Abu Hurayrah (may Allah be pleased with him)
narrated:
False
accusation of unchastity:
]وَالَّذِينَ
يَرْمُونَ
الْمُحْصَنَاتِ
ثُمَّ لَمْ
يَأْتُوا
بِأَرْبَعَةِ
شُهَدَاء
فَاجْلِدُوهُمْ
ثَمَانِينَ
جَلْدَةً
وَلا
تَقْبَلُوا
لَهُمْ
شَهَادَةً
أَبَدًا[
This
means: “And those who accuse chaste women, and produce not four witnesses,
flog them with eighty stripes, and reject their testimony forever.” (24, An-Nur:
4) `A’ishah (may Allah be pleased with her)
narrated: Allah says:
]وَلاَ
تَقْرَبُواْ
الزِّنَى
إِنَّهُ كَانَ
فَاحِشَةً
وَسَاء
سَبِيلاً[
This
means: “And come not near to the unlawful sexual intercourse. Verily, it is
a Fahishah [i.e. anything that transgresses its limits (a great sin)], and an
evil way (that leads one to Hell unless Allah forgives him).” Allah says:
]الزَّانِيَةُ
وَالزَّانِي
فَاجْلِدُوا
كُلَّ وَاحِدٍ
مِّنْهُمَا
مِئَةَ
جَلْدَةٍ
وَلا
تَأْخُذْكُم
بِهِمَا
رَأْفَةٌ فِي
دِينِ اللَّهِ
إِن كُنتُمْ
تُؤْمِنُونَ
بِاللَّهِ
وَالْيَوْمِ
الآخِرِ
وَلْيَشْهَدْ
عَذَابَهُمَا
طَائِفَةٌ
مِّنَ
الْمُؤْمِنِينَ[
(النور: 2)
This
means: “The woman and the man guilty of illegal sexual intercourse, flog
each of them with a hundred stripes. Let not pity withhold you in their case,
in a punishment prescribed by Allah, if you believe in Allah and the Last Day.
And let a party of the believers witness their punishment. (This punishment is
for unmarried persons guilty of the above crime but if married persons commit
it, the punishment is to stone them to death, according to Allah's Law).”
(24, An-Nur: 2) Allah says:
]وَاللاَّتِي
يَأْتِينَ
الْفَاحِشَةَ
مِن
نِّسَآئِكُمْ
فَاسْتَشْهِدُواْ
عَلَيْهِنَّ
أَرْبَعةً
مِّنكُمْ
فَإِن
شَهِدُواْ
فَأَمْسِكُوهُنَّ
فِي
الْبُيُوتِ
حَتَّىَ
يَتَوَفَّاهُنَّ
الْمَوْتُ
أَوْ يَجْعَلَ
اللّهُ لَهُنَّ
سَبِيلا[
(النساء: 15)
This
means: “And those of your women who commit illegal sexual intercourse, take
the evidence of four witnesses from amongst you against them; and if they
testify, confine them (i.e. women) to houses until death comes to them or
Allah ordains for them some (other) way.”
(4, An-Nisa’: 15) The Prophet (peace be upon him) said: "An
adulterer, at the time he is committing illegal sexual intercourse is not a
believer.” (Reported by Al-Bukhari and Muslim)
`Abdullah Ibn
Mas`ud (may Allah be pleased with him) narrated: (Reported by Al-Bukhari and Muslim) Zayd Ibn Khalid Al-Jihani (may Allah be pleased with him) narrated: “I heard the Prophet (peace be upon him) ordering that an unmarried
person guilty of illegal sexual intercourse be flogged one-hundred stripes and
be exiled for one year.” (Reported by Al-Bukhari) Buraydah Ibn Al-Hasib (may Allah be pleased with him) narrated: (Reported by Abu Dawud) Abu Hurayrah (may Allah be pleased with him)
narrated: (Reported by Al-Bukhari and Muslim)
Adultery
should be positively proved: Abu
Hurayrah (may Allah be pleased with him) narrated: The Prophet (peace be upon him) said:
“If I were to stone one without evidence, I
would have definitely stoned her
(the
wife of `Uwaymir Al-`Ajlani).”
Sodomy: The Prophet (peace be upon him) said:
“If
you find anyone doing as Lot's people did, kill the one who does it, and the
one to whom it is done.”
Allah says:
]وَالسَّارِقُ
وَالسَّارِقَةُ
فَاقْطَعُواْ
أَيْدِيَهُمَا
جَزَاء بِمَا
كَسَبَا
نَكَالاً
مِّنَ اللّهِ
وَاللّهُ
عَزِيزٌ
حَكِيمٌ[
(المائدة: 38) This means: “Cut off (from the wrist joint) the
(right) hand of the thief, male or female, as a recompense for that which they
committed, a punishment by way of example from Allah. And Allah is AllPowerful,
AllWise.”
The Prophet (peace be upon
him) said:
“Allah
curses a man who steals an egg and gets his hand cut off.”
(Reported by Al-Bukhari and Muslim)
He (peace be upon him)
also said:
“When
somebody steals, then he is not a believer at the time he is stealing.”
(Reported by Al-Bukhari and Muslim)
He (peace be upon him)
also said:
“By
Allah, if Fatimah, the daughter of Muhammad, were to steal, I would have her
hand cut off.” (Reported by Al-Bukhari and Muslim)
He (peace be upon him)
also said:
“The
hand of a thief should not be cut off but for a quarter of a dinar and
upwards.” (Reported by Muslim)
He (peace be upon him)
also said:
“Cutting
off hand is not to be inflicted on one who plunders, but he who plunders
conspicuously does not belong to us.”
The Prophet of Allah
(peace be upon him) said:
“If
anyone’s intercession intervenes as an obstacle to one of the punishments
prescribed by Allah, he has opposed Allah.”
(Reported by Abu Dawud)
The Prophet Muhammad
(peace be upon him) said to Usamah (may Allah be pleased with him):
“Do
you intercede in a penalty ordained by Allah?”
Highway
robbery under duress:
Allah says:
]إِنَّمَا
جَزَاء
الَّذِينَ
يُحَارِبُونَ
اللّهَ
وَرَسُولَهُ
وَيَسْعَوْنَ
فِي الأَرْضِ
فَسَادًا أَن
يُقَتَّلُواْ
أَوْ
يُصَلَّبُواْ
أَوْ
تُقَطَّعَ
أَيْدِيهِمْ
وَأَرْجُلُهُم
مِّنْ خِلافٍ
أَوْ
يُنفَوْاْ
مِنَ الأَرْضِ
ذَلِكَ لَهُمْ
خِزْيٌ فِي
الدُّنْيَا
وَلَهُمْ فِي
الآخِرَةِ
عَذَابٌ
عَظِيمٌ.
إِلاَّ
الَّذِينَ
تَابُواْ مِن
قَبْلِ أَن
تَقْدِرُواْ
عَلَيْهِمْ
فَاعْلَمُواْ
أَنَّ اللّهَ
غَفُورٌ
رَّحِيم[
This
means: “The recompense of those who wage war against Allah and His Messenger
and do mischief in the land is only that they shall be killed or crucified or
their hands and their feet be cut off on the opposite sides, or be exiled from
the land. That is their disgrace in this world, and a great torment is theirs
in the Hereafter. Except for those who (having fled away and then) came back
(as Muslims) with repentance before they fall into your power; in that case,
know that Allah is OftForgiving, Most Merciful.” (5, Al-Ma’idah: 33 -
34) Allah says:
]وَإِن
طَائِفَتَانِ
مِنَ
الْمُؤْمِنِينَ
اقْتَتَلُوا
فَأَصْلِحُوا
بَيْنَهُمَا
فَإِن بَغَتْ
إِحْدَاهُمَا
عَلَى
الأُخْرَى
فَقَاتِلُوا
الَّتِي
تَبْغِي
حَتَّى
تَفِيءَ
إِلَى أَمْرِ
اللَّهِ
فَإِن فَاءتْ
فَأَصْلِحُوا
بَيْنَهُمَا
بِالْعَدْلِ
وَأَقْسِطُوا
إِنَّ اللَّهَ
يُحِبُّ
الْمُقْسِطِين[
This
means: “And if two parties or groups among the believers fall to fighting,
then make peace between them both, but if one of them rebels against the
other, then fight you (all) against the one that which rebels till it complies
with the Command of Allah; then if it complies, then make reconciliation
between them justly, and be equitable. Verily! Allah loves those who are
equitable.” (49, Al-Hujurat: 9)
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