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Is hadd punishment for apostasy or similar crimes to be implemented only by the sultan (ruler) or his deputy? Sh. Ibn Taymiyyah

January 11, 2015 4 comments

 

Regarding the query that hudood punishment can only be carried out by the ruler or his deputy. Then Shaikh al Islam Ibn Taymiyyah [rahimahullah] said:

 

1 – The master may carry out the hadd punishment on his slave, based on the evidence that the Prophet (peace and blessings of Allaah be upon him) said:

“Carry out the hadd punishments on those whom your right hands possess.”

[Narrated by Ahmad (736) and others; classed as hasan by al-Arna’oot because of corroborating evidence. Al-Albaani was inclined to the view that these are the words of ‘Ali, as stated in al-Irwa’ (2325).]

 

And he (peace and blessings of Allaah be upon him) said:

“If the slave woman of one of you commits zina, let him carry out the hadd punishment on her.”

[Narrated by Abu Dawood (4470); there is a similar report in al-Saheehayn.]

 

I do not know of anyone among the fuqaha’ of hadeeth who disagreed with the view that he should carry out hadd punishments on her, such as the hadd punishments for zina, slander and drinking; there is no difference of opinion among the Muslims concerning the fact that he may carry out disciplinary punishments (ta’zeer) on him. But they differed as to whether he may carry out punishments of execution or amputation on him, such as executing him for apostasy or for reviling the Prophet (peace and blessings of Allaah be upon him), or cutting off his hand for stealing.

 

Two reports were narrated from Imam Ahmad concerning this. The first says that it is permissible, which is the view narrated from al-Shaafa’i, and the second says that it is not permissible, like one of the two views of the companions of al-Shaafa’i. This is also the view of Maalik. And it was narrated in a saheeh report from Ibn ‘Umar that he cut off the hand of a slave of his who stole, and it is narrated in a saheeh report from Hafsah that she executed a slave woman of hers who admitted to practising witchcraft, and that was based on the opinion of Ibn ‘Umar. So the hadeeth is evidence for those who say that it is permissible for the master to carry out the hadd punishment on his slave on the basis of his knowledge, in all cases.

 

 

2 – The most that can be said about that is that he [one acting without the permission of ruler] is transgressing the position of the ruler, and the ruler may pardon the one who carried out a hadd punishment that must be carried out without referring the matter to him.

 

3 – Although this was a hadd punishment, it also comes under the heading of killing a harbi (a non-Muslim in a state of war against Islam), and it is permissible for anyone to kill a harbi.

 

4 – Similar things happened at the time of the Messenger of Allaah (peace and blessings of Allaah be upon him), such as:

#the hypocrite who was killed by ‘Umar without the permission of the Prophet (peace and blessings of Allaah be upon him), when the hypocrite did not agree with the ruling of the Prophet (peace and blessings of Allaah be upon him). Then Qur’aan was revealed approving ‘Umar’s action.

 

# And there was the daughter of Marwaan who was killed by that man, and the Prophet (peace and blessings of Allaah be upon him) called him the supporter of Allaah and His Messenger.

That is because the one whose execution becomes necessary because of his plot to corrupt the religion is not like one who is executed because of his sin of zina and the like.

End quote from al-Saarim al-Maslool (285-286).

Taken from: Islamqa

 

Weeping out of fear of Allah- Shaykh Husayn al-Awaayishah


 

Allah, the Most High, says:

Allah has sent down the best statement, a Book (this Quran), its parts resembling each other in goodness and truth, oft-repeated. The skins of those who fear their Lord shiver from it (when they recite it or hear it). Then their skin and their heart soften to the remembrance of Allah.

[Qur’an 39:23]

 

Allah, the Most High, says:

Verily! Those who were given knowledge before it (the Jews and the Christians like ‘Abdullah bin Salam and Salman Al-Farisi), when it is recited to them, fall down on their faces in humble prostration. And they say: “Glory be to our Lord! Truly, the Promise of our Lord must be fulfilled. And they fall down on their faces weeping and it adds to their humility.

[Qur’an 17: 107-109]

 

Allah, the Most High, says:

Those were they unto whom Allah bestowed His Grace from among the Prophets, of the offspring of Adam, and of those whom We carried (in the ship) with Nuh (Noah), and of the offspring of Ibrahim (Abraham) and Israel and from among those whom We guided and chose. When the Verses of the Most Beneficent (Allah) were recited unto them, they fell down prostrating and weeping.

[Qur’an 19:58]

 

Abu Huraira  (رضياللهعنه) reported: The Prophet, (صلىاللهعليهوسلم), said,

“There are seven persons whom Allah will shade on a Day when there is no shade[1] but His. They are a just ruler [2], a young person who grew up in the worship of Allah, a person whose heart is attached to the mosques [3], two persons who love each other who meet and depart from each other for the sake of Allah [4], a man whom a beautiful woman of high status seduces but he rejects her by saying I fear Allah [5], a person who spends in charity and conceals it such that his right hand does not know what his left hand has given, and a person who remembered Allah in private and he wept .”

[ Sahih Bukhari 629, Sahih Muslim 1031]

Weeping out of fear of Allah

 

It was narrated that Abu Hurayrah (رضياللهعنه) said: The Messenger of Allah  (صلىاللهعليهوسلم) said:

“A man who weeps for fear of Allah will not enter Hell until the milk goes back into the udder, and dust produced (when fighting) for the sake of Allah and the smoke of Hell will never coexist.”

[Narrated by al-Tirmidhi and al-Nasaa’i, declared authentic by Shaykh al-Albani in al-Mishkaat(3828)]

 

 

Ibn ‘Abbas  (رضياللهعنه) said,

“I heard the Messenger of Allah (صلىاللهعليهوسلم), say,

‘There are two eyes which the Fire will not touch: an eye which weeps out of fear of Allah and an eye that keeps watch in the way of Allah.”

[at-Tirmidhi, declared Saheeh by al-Albani in al-Mishkat]

 

 

On the authority of Abu Hurairah (رضياللهعنه) that the Messenger of Allaah (صلىاللهعليهوسلم) said:

“Two eyes have been forbidden from being overcome by the Fire. An eye which has wept out of fear of Allaah and an eye which stays vigil throughout the night guarding Islam and one’s family from Kufr (disbelief)”

[Reported by al-Hakim in al-Mustadrak, Shaikh Al-Albani graded it Sahih in Sahih at-Targheeb wat-Tarheeb]

 

 

The Prophet (صلىاللهعليهوسلم) said:

“There is nothing more beloved to Allah than two drops and two marks: A tear shed due to fear of Allah, and a drop of blood spilled in the path of Allah. And as for the two marks, then a mark caused in the path of Allah (Jihad), and a mark caused by fulfilling one of the duties made obligatory by Allah.”

[at-Tirmidhi and al-Mishkat (3837), Hasan by shaykh al Albani]

 

 

The Prophet (صلىاللهعليهوسلم) said:

 “Toobah (a tree in Paradise whose course runs the distance of a 100yrs. The clothing of the people of Paradise is extracted from within it. Reported Ahmad and others) is for anyone who controls his tongue, whose house is sufficient for him (ie he is content with it) and who weeps over his errors”

(On the authority of Uthman (radiAllahu anhu), reported at-Tabrâni in al-Awsat as-Saghir, hasan)

 

 

On the authority of ‘Uqbah ibn ‘Amir  (رضياللهعنه) who asked

“I said, O Messenger of Allâh (صلىاللهعليهوسلم)! What is salvation?” He replied:

“To have control over your tongue, to be content with your house and to weep over your errors”.

(Reported by Ibn al Mubarâk in az-Zuhd, Ahmad, at-Tirmidhî, and others, sahîh]

 

Footnotes:

[1] Our Shaykh al-Albaanee says in at-Targheeb wat Tarheeb (1/1440): The attribution of shade to Allah is an attribution of ownership. Every shade is His shade, His property, His creation and authority [i.e., Allah owns this shade. The point being stressed here is that it is not an attribution of a characteristic to Allah. Rather this type of attribution is similar to “slave of Allah” or ‘house of Allah” etc. So the shade is not an attribute of Allah but it has been annexed to Him for purpose of distinction and nobility which therefore sets it apart from all other shades]. What is meant is the shade of the Throne as it has been clearly mentioned in another hadeeth. The day that is referred to is the day of Resurrection, when the people stand in the front of Lord of the Worlds, and the sun draws close to them, and they feel the intense heat and begin to perspire. There will not be any shade (on that day) except the shade of Throne.

 

[2]  Our Shaykh al-Albaanee says in at-Targheeb wat Tarheeb (1/1440): That is anyone from among the people in authority, who is concerned with the welfare and good of Muslims. Indeed, the hadeeth begins with mentioning the Just Ruler (before anybody else) because of his abundant benefit to more people (than any of the other people mentioned). It is necessary for the one who rules to adhere to the Qur’an and Sunnah because without that he cannot be Just, so be aware of this.

 

[3] Our Shaykh al-Albaanee says in at-Targheeb wat Tarheeb (1/1440): Meaning he has a strong love for the Mosques and he perseveres in attending the congregational prayers in them.

 

[4] Our Shaykh al-Albaanee says in at-Targheeb wat Tarheeb (1/1440): The meaning of “meeting for the sake of Allah and parting for the sake of Allah” is that the reason for their meeting is due to their love of Allah and they both remain upon that love until they part from their meeting, each of them believing that their love is for the sake of Allah. And this their condition upon meeting and parting.

 

[5] Our Shaykh al-Albaanee says in at-Targheeb wat Tarheeb (1/1440): This may be the saying of tongue or with the heart, in order to restrain his soul and hold back from this women of high status and beauty. The women of high status and beauty was mentioned  especially because she is more desired, and more difficult to get. It appears that he said it with his tongue and his heart.

 

 

 

 

Hijrah: Linguistic and Islāmic Definitions


 

As for its linguistic meaning, it is written in ‘Lisān al‐‘Arab,’ of Ibn Mandhūr, as well as ‘Tāj al‐‘Arūs,’ of az‐Zubaydī, that the root word ‘hajara’ is the opposite of ‘connection,’ and it means to severe ties with something, and the word ‘hijrah’ is in the hadīth:

Abandonment (hijrah) of someone beyond three days is not allowed.”

[Ahmad (8960) and Muslim (2562)]

 

 
As for it’s meaning in the Sharī’ah, then, in short: it is to leave Dār al‐Harb for Dār al‐Islām, as Ibn al‐‘Arabī (may Allāh have Mercy upon him) said in ‘Ahkām al‐ Qur’ān.’

 
In ‘al‐Mughnī,’ Ibn Qudāmah al‐Maqdisī said:

“It is to leave Dār al‐Kufr for Dār al‐ Islām.”

 
Sa’d bin ‘Atīq (may Allāh have Mercy upon him) said, in ‘ad‐Durar as‐Saniyyah’:

“It is to relocate oneself from the places of polytheism and disobedience to the places of Islām and obedience.”

 

 

Fataawaa al-Lajnah al-Daa’imah, 12/50

Hijrah (migration) for the sake of Allaah means moving from the land of shirk to the land of Islam, as the Muslims moved from Makkah – before its people became Muslim – to Madeenah, because it had become the city of Islam after its people had pledged their allegiance (bay’ah) to the Prophet (peace and blessings of Allaah be upon him) and asked him to make hijrah to them.

 

So Hijrah means migrating to join other Muslims. Hijrah may also take the form of moving from one land of shirk to another land of shirk where evil is less prevalent and there is less danger to the Muslims, as when some of the Muslims migrated from Makkah, at the command of the Prophet (peace and blessings of Allaah be upon him), to Abyssinia (Ethiopia).

And Allaah is the Source of Strength. May Allaah bless our Prophet Muhammad and his family and companions, and grant them peace.

Ali’s [radiAllahu anhu] treatment of the Kharijites.


 

Amir al-Mu’mineen ‘Ali (radiAllahu anhu) treated the Kharijites as Muslims, both before and after the battle. No sooner had the battle ended but he issued orders to his troops, saying:

“Do not pursue anyone who is fleeing, do not finish off anyone who is wounded, and do not mutilate anyone who has been killed.”

 

Shaqeeq ibn Salamah, who was known as Abu Wa’il, one of the jurists of the Tabi’oon who was present with ‘Ali during his battles, said: ”

‘Ali did not take any female prisoners either on the day of the Camel or on the day of Nahrawan.[1]

 

After the battle of Nahrawan, he took the property of the slain to Kufah and said: “Whoever recognizes anything, let him take it.” The people started taking things until there was one pot left, then a man came and took it.[2]  ‘Ali (radiAllahu anhu) did not divide anything among his troops except what the Kharijites had brought into battle with them: weapons and horses only.

 

Amir al-Mu’mineen ‘Ali (radiAllahu anhu) did not regard the Kharijites as disbelievers. Before the battle, he tried to bring them back to the main body of Muslims, and many of them did come back. He exhorted them and reminded them of the seriousness of fighting.

 

Ibn Qudamah said:

“He did this because his aim was to restrain them and fend off their evil, not to kill them. If it was possible to achieve this by talking, that should take precedence over fighting because of the harm that may be caused to both parties as a result of fighting. This indicates that the Kharijites were a group of Muslims, as was stated by many of the scholars.”[3]

khawarji

 

‘Ali (radiAllahu anhu) was asked whether they were disbelievers.

He said: “They have fled from disbelief.” He was asked: “Are they hypocrites?” He said: “The hypocrites only remember Allah a little.” He was asked: “What are they?” He said: “They are people who transgressed against us, so we fought them.” [4]

 

According to another report:

“They are people who transgressed against us, therefore we prevailed over them.” According to a third report: “They are people upon whom a fitnah came, and they became blind and deaf.”[5]

 

Ali (radiAllahu anhu) also offered this advice to his army and to the Muslim Ummah after him:

“If they go against a just ruler, then fight them, but if they go against an unjust ruler, do not fight them, because they have a reason.”[6]

 

It may be noted that ‘Ali (radiAllahu anhu) regretted and was grieved by the fighting in the Battle of the Camel and Siffeen, while he expressed satisfaction and contentment about fighting the Kharijites.

 

Ibn Taymiyyah [Rahimahullah]said:

“The texts and scholarly consensus differentiate between the two cases. He fought the Kharijites on the basis of a text from the Messenger of Allah (sallallahu alaihi wasallam) and was happy about that, and none of the Companions objected to that. As for his fighting on the’ day of Siffeen, he showed a great deal of sorrow and regretted it.”[7]

 

Footnotes:

[1] Sunan al-Kubra/Baihaqi [8/182]

[2] Al-Talkhees ul Habeer [4/47]

[3] Fath ul Bari [12/300,301], Nayl al-Awtar [8/182]

[4] Musannaf Abdur Razzaq [10/150], Musannaf ibn Abi Shaybah [10, 332]

[5] Musannab ibn Abi Shaybah [10/320,324], Al aitisaam/ Shaatibi[1/62]

[6] Musannaf ibn Abi Shaybah [10/320], Fath ul Bari [12/301]

[7] Majmoo al-Fatawa [28/514]

[Taken from: Rightly guided Caliphs by Dr. Ali Sallabi]

 

Download PDF[E-Book] The most correct opinion concerning the takfeer of Khawarij

A story of one of the early Muslims and their Islah/rectification between them and Allah

January 2, 2014 2 comments

 

Abu Mihjan was one of the companions of the Prophet (peace and blessings of Allah be upon him) (may Allah be pleased with them).

 

 

This Sahaabi was suffering from an addiction to drinking wine. He was brought and flogged, then brought and flogged again, but he knew that this problem did not relieve him of his duty to strive for the cause of Islam.

 

So he went out with the Muslims to al-Qaadisiyyah as a soldier, seeking martyrdom on the battlefield. In al-Qaadisiyyah he was brought to the commander of the army, Sa’d ibn Abi Waqqaas [radiAllahu anhu], for having drunk wine. Sa’d [radiAllahu anhu] detained him so that the Muslims ranks would be cleansed of such a person.

 

 

This detention was a harsh punishment which caused Abu Mihjan a great deal of anguish. When he heard the sounds of swords and spears, and the neighing of the horses, and he knew that the jihad had begun, and the gates of Paradise were open, he was filled with longing for jihad. He called to the wife of Sa’d ibn Abi Waaqqas saying,

“Let me go and I promise Allah that if I come back safe and sound, I will put my own feet in the chains, and if I am killed, then you will be rid of me.”

 

She felt sorry for him, so she let him go, and he leapt onto a horse belonging to Sa’d which was called al-Balqa’. Then he picked up a spear and set off. He did not attack any group of enemy soldier but he scattered them.

 

Sa’d was supervising the battle and he was surprised and said, “This is the running of al-Balqa’, and the style of attack is that of Abu Mihjan, but Abu Mihjan is in chains.

 

 

When the battle was over, Abu Mihjan went back and put his feet in the chains. The wife of Sa’d told him this wonderful story, so Sa’d admired this man and his care for Islam and his longing for jihad, so he himself went to this wine-drinker, released the chains with his own hands and said,

“Get up, for by Allaah I will never flog you for drinking wine again.” Abu Mihjan said, “By Allaah, I will never drink it again.”

[See al-Isaabah fi Tamyeez al-Sahaabah, 4/173-174; al-Bidaayah wa’l-Nihaayah, 9/632-633]

Salah ad-Deen’s [rahimahullah] efforts to unite the Muslims


 

The general characteristics of Salah ad-Deen’s efforts to unite the Muslims included the following:

(a) Generosity with wealth, which he regarded as insignificant. This is clearly seen in the large amounts that he gave to his followers, to the delegations who came to see him, and to those who surrendered to his rule, or to whom he promised to give; his letting off the countries he conquered of all past debts and taxes, and abolishing the levies and unjust taxes, apart from the taxes that are permitted in sharia. Undoubtedly this played a role in attracting people to join his ranks and silencing his opponents.

 

(b) His tolerant attitude. He fought those who opposed him in order to form a united front. When he defeated them, he did not allow anyone to pursue them or to kill their wounded; he released their prisoners and sometimes showed tolerance towards those he knew were his enemies. He did not show any animosity towards them. He overlooked their aggression, even though he was well aware of it, because he wanted them to become his allies after being his opponents.

 

(c) His deep Islamic faith. This was not only represented in his acts of worship but also in his belief that jihad was an obligation, first for himself and also for others, so he did not accept anything but urging them to engage in it.

 

(d) Leaving emirates under the control of their emirs, or giving them to his commanders and those who were close to him, or even to his opponents on occasion, because after he took control of Egypt, he only needed rulers to supply him with troops when called upon. This is what explains his compromises and diplomatic negotiations and his granting security to those who opposed him.

 

(e) Among the Zangid family in particular and the other emirs of Noor ad-Deen in general, there did not appear any person other than him who had the strength and ability to maintain the principles according to which Noor ad-Deen and his father before him had operated.

 

(f) As well as trying to win the support of the Muslim masses, he also sought to win the approval of the Abbasid caliph who he still believed was the source of spiritual legitimacy for all Muslims. He sent him letters one after another concerning different situations, sometimes explaining them, and sometimes accusing his opponents, or asking permission, or giving glad tidings, but never stopping.

 

From all of that we may understand that Salah ad-Deen’s strength was the result of the strong bond between him and the Muslim masses through his deeds and jihad, and his standing by and defending the masses’ demands, by defending their religion and beliefs and confronting the invaders. Salah ad Deen fought with some Muslim rulers, but he only fought them because of their selfishness and focus on their own personal interests and authority. He spent twelve years (570-582 AHl 1174-1186 CE) establishing a united Islamic front; throughout this period, his ambitions were much greater than his physical strength as he was sick. He was a military giant but a mass of physical illnesses, but his love of jihad made him forget his pain and overlook it.

[Salah ad-Deen al-Faaris al-Mujahid wal-Malik az-Zahid, p. 232]

Story of Al-Khansa’ bint ‘Amr [RadiAllahu anha]


 

Ibn ‘Abdul-Barr reported in his book al-Istee’ab:

 
“AI-Khansa’ bint ‘Amr [radiAllahu anha] witnessed the battle of Qadisiyah with her four sons. She addressed them on the eve of the battle and said,

‘My sons! You embraced Islam and migrated willingly. By Allah besides Whom there is no other deity worthy of being worshipped, you are all sons of one man as you are sons of one woman. I have never cheated on your father. Never have I brought disgrace upon your uncle, disparaged your esteem or altered your lineage. You know the great and abundance reward that Allah has set aside for the Muslims who fight against the disbelievers. Know that the everlasting abode is better than this transient one.

 

Allah says:

O you who believe! Endure and be more patient [than your enemy], and guard your territory by stationing anny units pennanently at the places from where the enemy can attack you, and fear Allah, so that you may be successful

(Qur ‘an 3: 200)

 

When you wake up tomorrow morning sound and healthy by Allah’s leave, go and fight against your enemy with sure understanding and seek Allah’s help over His enemies. When you see that the war has become tense, engage yourselves in the fight gallantly and resiliently that you may attain treasures and honour in the Abode of Eternity.’ “

 

After this statement of al-Khansa’, I or any other creature, for that matter, has nothing better to say! Her statement is beyond any comments as it is amply comprehensive.
The narrator proceeds:

“So her sons left having accepted her admonition and determined to implement her words. When the morning came, they set out on to the battlefield early and they all fought gallantly and courageously until they were martyred one after another.

 

And the news of their martyrdom came to al-Khansa’! But what did she say?
Here is where the greatness of this woman manifested most. When she heard this news, she forgot her poetry, her beauty, her place among her people and all any other thing. She remembered nothing but elevation to the peak of glory and the greatness of Islam and Eeman. She (radiAllahu anha) said,

All praise is due to Allah Who honoured me with their martyrdom. And I hope that my Lord will make me join them in the Abode of His Mercy!'”

 
It is noteworthy to add that the commander of the faithful, ‘Umar ibn al-Khattab [radiAllahu anhu] used to give al-Khansa'[radiAllahu anha] the entitlement of her four martyred sons, two hundred dirhams annually, in the name of each of them, until she died.

 

May Allah have mercy on al-Khansa’, the poetess! May Allah be pleased with this believing and patient lady!

 

[Al-Istee ‘ab, vol. 4, p. 288]

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