In the name of Allah, the Most Beneficent, the Most Merciful.
THE NATURE OF MANKIND AND THE SHARIAH (2)
All praise is due to Allah, the Lord and the Cherisher of the Universe. May the peace and blessings of Allah be upon our beloved prophet Muhammad (PBUH), his household, companions and followers of the right guidance till the Day of Judgment. Allah, the Exalted, says in the Holy Qur'an: “It does not befit a believer man or woman when a matter has been decided by Allah and His Apostle to have any option about their decision: if anyone disobeys Allah and His Apostle he is indeed on a clearly wrong Path.” Q33:36. “…then let those beware who oppose the Apostle's order lest some trial befall them or a grievous Penalty be inflicted on them.” Q24:63.
Some people are mischievous, nothing appeals to their senses and debars them from crimes. The Shariah prescribes punishments for such people to debar others from following their bad examples. Allah does not love those who insolently commit crimes and are threat to public peace and security. Allah had destroyed some communities in the past because of their mischief. Below is the continuation of some crimes and the prescribed punishments.
“And take not life which Allah has made sacred EXCEPT FOR JUST CAUSE. And if anyone is slain wrongfully We have given his heir authority (to demand Qisas-Law of Equity in punishment or to forgive or take blood-money): but let him not exceed bounds in the matter of taking life: for he is helped (by the Law).” Q17:33
“O you who believe! Al-Qisas (The law of equality in punishment) is prescribed to you in cases of murder; the free for the free, the slave for the slave, the female for the female. 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.” Q2:178.
Hadith: “Ibn 'Abbas added: Remission (forgiveness) in this Verse, means to accept the blood-money in an intentional murder. Ibn 'Abbas added: The Verse: "Then the relatives should demand Blood-money in a reasonable manner." (Q2.178) means that the demand should be reasonable and it is to be compensated with handsome gratitude.” (Bukhari 9.20).
May be the ACCEPTANCE OF BLOOD-MONEY BY THE RELATIVES OF THE MURDERED IN PLACE OF THE LIFE OF THE MURDERER is what some people termed “SELECTIVE JUDGMENT” in the Muslim Country that uses part of the Shariah. Allah gives the family of the murdered options and they are free to choose whatever the family deemed fit for itself. In the “civilized” countries, it is the jury that will decide the punishment (death sentence or life imprisonment) of a murderer regardless of what the family of the murdered wants. In some cases, the accused if freed because of insufficient evidence.
“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. But if the thief repent after his crime and amend his conduct Allah will turn to him (or her) in forgiveness; for Allah is Oft-Forgiving Most Merciful.” Q5:38-9
Hadith: “The Quraish people became very worried about the Makhzumiya lady who had committed theft. They said, "Nobody can speak (in favor of the lady) to Allah's Apostle and nobody dares do that except Usama who is the favorite of Allah's Apostle. "When Usama spoke to Allah's Apostle about that matter, Allah's Apostle said, "Do you intercede (with me) to violate one of the legal punishment of Allah?" Then he got up and addressed the people, saying, "O people! The nations before you went astray because if a noble person committed theft, they used to leave him, but if a weak person among them committed theft, they used to inflict the legal punishment on him. By Allah, if Fatima, the daughter of Muhammad committed theft, Muhammad will cut off her hand!" ” (Bukhari 8.779)
In Islam, it is the responsibility of the Islamic government to provide employment opportunities for able Muslims. Allah enjoined the paying of Zakat on rich Muslims to take care of the poor. “Alms are for the poor and the needy and those employed to administer the (funds); for those whose hearts have been (recently) reconciled (to truth); for those in bondage and in debt; in the cause of Allah; and for the wayfarer: (thus is it) ordained by Allah and Allah is full of knowledge and wisdom.” (Q9:60). The poor are encouraged to seek a mean of livelihood. If all these are not possible, it is better for the needy to ask for charity than to steal.
“O you who believe! Intoxicants and gambling (dedication of) stones and (divination by) arrows are an abomination of Satan's handiwork: eschew such (abomination) that you may prosper. Satan's plan is (but) to excite enmity and hatred between you with intoxicants and gambling and hinder you from the remembrance of Allah and from prayer: will you not then abstain? ” Q5:90-1.
Hadith: Abu Musa Al-Ash'ari said that the Prophet had sent him to Yemen and he asked the Prophet about certain (alcoholic) drink which used to be prepared there. The Prophet said, "What are they?" Abu Musa said, "Al-Bit' and Al-Mizr?" He said, "Al-Bit is an alcoholic drink made from honey; and Al-Mizr is an alcoholic drink made from barley." The Prophet said, "All intoxicants are prohibited." (Bukhari 5.631)
Hadith: “During the lifetime of the Prophet there was a man called 'Abdullah whose nickname was Donkey, and he used to make Allah's Apostle laugh. The Prophet lashed him because of drinking (alcohol). And one day he was brought to the Prophet on the same charge and was lashed. On that, a man among the people said, "O Allah, curse him! How frequently he has been brought (to the Prophet on such a charge)!" The Prophet said, "Do not curse him, for by Allah, I know that he loves Allah and His Apostle."” (Bukhari 8.771)
Certainly, Muslims did not know hard drugs during the time of Prophet Muhammad (PBUH). Alcoholic drinks were only intoxicants of their time. All alcoholic drinks are prohibited by Islam and people who were drunk of alcohol were lashed during the time of Prophet Muhammad (PBUH). Islamic scholars have different opinions on hard drugs. But majority of them is of the opinion that its effect on the society is worst than alcoholic drinks and harder punishment than lashing is prescribed for drug trafficking. The Scholars of the Muslim Country that prescribed death penalty for hard drug peddling based their Judgment on the verse “The punishment of those who wage war against Allah and His Apostle AND DO MISCHIEF through the land is: execution or crucifixion or the cutting off of hands and feet from opposite sides or exile from the land: that is their disgrace in this world and a heavy punishment is theirs in the Hereafter.” (Q5:33). They classified hard drug peddling as a mischief that has bad consequences on the society. Islam allows each Muslim community to decide on appropriate punishments for crimes that were not mentioned in the Holy Qur’an and the Ahadith. Once the scholars agreed on a punishment, it becomes part of the Shariah.
Allah, the Exalted, warns people in the position of authority to be just in dealing with people:
“O you who believe! Stand out firmly for justice as witnesses to Allah even as against yourselves or your parents or your kin and whether it be (against) rich or poor: for Allah can best protect both. Follow not the lusts (of your hearts) lest you swerve and if you distort (justice) or decline to do justice verily Allah is well-acquainted with all that you do.” Q4:135
“O you who believe! Stand out firmly for Allah as witnesses to fair dealing and let not the hatred of others to you make you swerve to wrong and depart from justice. Be just: that is next to Piety: and fear Allah for Allah is well-acquainted with all that you do.” Q5:8
Brothers and sisters in Islam, Allah has perfected His religion, Islam. We, Muslims, are the problem. Allah knows that we are weak, this is the reason He promised us forgiveness provided we do not associate partner with Him. Muslims MUST accept Allah’s law as the truth and the best even if we fall into error of committing sins. We should repent to Allah and seek His forgiveness. We MUST NOT condemn Allah’s law; if we do then our faith in Allah is questionable. Allah’s law is for the benefit of all if it is followed accordingly. We should seek forgiveness of Allah and do our best to move away from sins. Paradise is not for free, we have to work for it. May Allah count us among those that will enter Paradise (Ameen). The weaknesses of man-made laws are enormous; it is not based on morality, it is very complex and one needs money in order to seek justice under the man-made laws.
Allah says: “Say: "O my Servants who have transgressed against their souls! Despair not of the Mercy of Allah: for Allah forgives all sins: for He is Oft-Forgiving Most Merciful. Turn ye to your Lord (in repentance) and bow to His (Will) before the Penalty comes on you: after that ye shall not be helped. And follow the Best of (the courses) revealed to you from your Lord before the Penalty comes on you of a sudden while ye perceive not!- Lest the soul should (then) say: Ah! Woe is me! In that I neglected (my duty) towards Allah and was but among those who mocked!'” Q39:53-6
Peace be upon you.