In the name of Allah, the most gracious, the most Merciful.
In Islamic system of governance, there is no judiciary. Usually, the respected citizen of a neighborhood who has a thorough knowledge of Islam, play a vital role in taking important decisions regarding any cases in the neighborhood.Thus, the word “Fatwa” is used for decisions given by them as a verdict of a case they handle. Therefore, there is no career path for lawyers in Islam as we find in a secular system. Quotes and references from the Qur’an and Sunnah are used draw conclusions to deal with cases. In Islam, there are some pre-declared punishments and warnings for some crimes and sins that are discussed below.
1. Stealing and robbery.
Stealing is considered to be a great evil in Islam and Allah azawajal Himself has mentioned the punishment for this sin in Quran. He says in glorious Quran:As to the thief, male or female, cut off his or her hands: a punishment by way of example, from Allah, for their crime: and Allah is Exalted in power. (Al Quran 5:38).Narrated ‘Aisha: The Prophet said, “The hand should be cut off for stealing something that is worth a quarter of a Dinar or more.” (Bukhari Book #81, Hadith #780).In secular governments where Islamic Shariah is not implemented, the punishment for robbery is jail for some time or fine of few bucks.
2. Murder or manslaughter
Murder is the second most major sin in Islam and the punishment for it is severe. Killing one innocent is equivalent to killing whole mankind.
Allah says in Quran: O ye who believe! The law of equality is prescribed to you in cases of murder: the free for the free, the slave for the slave, the woman for the woman. But if any remission is made by the brother of the slain, then grant any reasonable demand, and compensate him with handsome gratitude, this is a concession and a Mercy from your Lord. After this whoever exceeds the limits shall be in grave penalty. (Al-Quran 2:178).
Clearly, in Islamic shariah the punishment for murder is the death penalty. But if the murderer is forgiven or pays some amount of money to the victims family to compensate the crime than there won’t be any death penalty for him.In secular governments that do not follow Islamic rule, the punishment for murder is imprisonment or death penalty in some countries
3. Fornication and adultery.
One of the major sins in Islam. Also considered evil in other religions. The punishment for it is:“The woman and the man guilty of adultery or fornication, – flog each of them with a hundred stripes: Let not compassion move you in their case, in a matter prescribed by God, if ye believe in God and the Last Day: and let a party of the Believers witness their punishment.” (Al-Quran 24:2). [Here we find flogging as the punishment for adultery. But in some hadith, we find stoning to death is the punishment. One such hadith is given below].Narrated ‘Abdullah bin ‘Umar : The Jew brought to the Prophet a man and a woman from amongst them who have committed (adultery) illegal sexual intercourse. He ordered both of them to be stoned (to death), near the place of offering the funeral prayers beside the mosque.” (Bukhari Book #23, Hadith #413)Hence, in Islamic governance, stoning till death is the punishment for illegal sexual intercourse.In secular governance, it is not even considered as a crime as long as it is committed mutually. If it is a rape than the culprit may be jailed for some time.
4. Lying, cheating and breaking of promises
Liars and cheaters have no place in Islamic society. Apart from the harsh punishments of hereafter the sin is severely punishable in Islamic shariah. In fact, a breaking of promise is the characteristic of a hypocrite.Narrated Samura bin Jundub:…They said, ‘Proceed!’ So we proceeded and came to a man Lying flat on his back and another man standing over his head with an iron hook, and behold, he would put the hook in one side of the man’s mouth and tear off that side of his face to the back (of the neck) and similarly tear his nose from front to back and his eye from front to back. Then he turned to the other side of the man’s face and did just as he had done with the other side. He hardly completed this side when the other side returned to its normal state. Then he returned to it to repeat what he had done before. I said to my two companions, ‘Subhan Allah! Who are these two persons?’…he is the symbol of the man who goes out of his house in the morning and tells so many lies that it spreads all over the world. (Bukhari Book:87, Hadith:171).
Narrated Abu Huraira: The Prophet said, “The signs of a hypocrite are three:
1. Whenever he speaks, he tells a lie.2. Whenever he promises, he always breaks it (his promise ).3. If you trust him, he proves to be dishonest. (If you keep something as a trust with him, he will not return it.)” (Bukhari Book #2, Hadith 32)
Although considered a crime, is widespread in a secular society, especially in the political arena. A breaking of promises is a political norm in a secular society.
5. Bribery.
Giving and taking bribe are both evils that cause great damage to the society. Forcing someone to pay a bribe to do the work is severely dealt with Islam.The Prophet (S) said: If anyone intercedes for his brother and he presents a gift to him for it and he accepts it, he approaches a great door of the doors of usury. (Abu Dawud).punishment for one who takes bribery, one who gives it and one who communicates between them is a curse and expulsion from the mercy of Allah by the tongue of the Messenger of Allah (Sallallahu Alaihi wa Sallam).Imam Ahmad and others narrated on the authority of Abu Hurairah and Thawbaan (Radiya Allahu Anhum) that the Prophet (Sallallahu Alaihi wa Sallam) cursed the bribe giver, its taker and the one who communicates between them both.It is a crime in secular society and is punishable by law, yet many people are indulged in it and are practiced widely.
6. Usury.
Usury means taking an interest. Any interest based trade is cursed in Islam and is haraam.
Allah says in glorious Quran: Those who devour usury will not stand except as stand one whom the Evil one by his touch Hath driven to madness. That is because they say: “Trade is like usury,” but Allah hath permitted trade and forbidden usury. Those who after receiving direction from their Lord, desist, shall be pardoned for the past; their case is for Allah (to judge), but those who repeat (The offense) are companions of the Fire: They will abide therein (forever). (Al-Quran 2:275)In secular governments, it is not a crime and in fact, all the foundation of economics is based on interest bases businesses.
We will continue with the list in next post. InshaAllah.
May Allah help us.
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