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Lesson 82
Penalties

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Main Points
 

·       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.

[10]

Evidence of Qur'an and Sunnah


 
Alcoholic drinking:

(See the verses and Hadiths of prohibition mentioned in: Manners of consuming food and beverages.)

Abu Hurayrah (may Allah be pleased with him) narrated:

“A man who had drunk wine was brought before the Prophet (peace be upon him) when he was in Hunayn. He threw some dust on his face. He then ordered his Companions and they beat him with their sandals and whatever they had in their hands.” (Reported by Al-Bukhari)

False accusation of unchastity:

 Allah says:

]وَالَّذِينَ يَرْمُونَ الْمُحْصَنَاتِ ثُمَّ لَمْ يَأْتُوا بِأَرْبَعَةِ شُهَدَاء فَاجْلِدُوهُمْ ثَمَانِينَ جَلْدَةً وَلا تَقْبَلُوا لَهُمْ شَهَادَةً أَبَدًا[
(النور: 4)

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:

“When my vindication came down, the Prophet (peace be upon him) mounted the pulpit and mentioned that, and recited the Qur’an. Then, when he came down from the pulpit, he ordered regarding the two men and the woman, and they were given the prescribed punishment.” (Reported by At-Tirmidhi)

Adultery:

Allah says:

]وَلاَ تَقْرَبُواْ الزِّنَى إِنَّهُ كَانَ فَاحِشَةً وَسَاء سَبِيلاً[
(الإسراء: 32)

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).”
(17, Al-Isra’: 32)

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:

“I said: O Allah's Messenger! Which sin is the greatest? He said: To set up a rival unto Allah, though He Alone created you. I said: What next? He said: To kill your son lest he should share your food with you. I further asked: What next? He said: To commit illegal sexual intercourse with the wife of your neighbor.”
(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:

“We, the Companions of the Prophet of Allah (peace be upon him), used to talk mutually: Would that Al-Ghamidiyyah and Ma`iz Ibn Malik had withdrawn after their confession; or he said: Had they not withdrawn after their confession, he would not have pursued them (for punishment). He had them stoned after the fourth (confession).”
(Reported by Abu Dawud)

Abu Hurayrah (may Allah be pleased with him) narrated:

“A man and a woman of the Jews committed fornication. Some of them said to the others: Let us go to this Prophet, for he has been sent with an easy law. The Prophet (peace be upon him) said: So I decide in accordance with what the Torah says. He then commanded regarding them and they were stoned to death.”
(Reported by Al-Bukhari and Muslim)

Adultery should be positively proved:

Abu Hurayrah (may Allah be pleased with him) narrated:

“A man of the tribe of Aslam came to the Prophet (peace be upon him) and testified four times against himself that he had had illicit intercourse with a woman, while all the time the Prophet (peace be upon him) was turning away from him. Then when he confessed a fifth time, he turned round and asked: Did you have intercourse with her? He replied: Yes. He asked: Have you done it so that your sexual organ penetrated hers? He replied: Yes. He asked: Have you done it like a collyrium stick when enclosed in its case and like a rope in a well? He replied: Yes. (Reported by Abu Dawud)

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).”
(Reported by Al-Bukhari and Muslim)

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.”
(Reported by At-Tirmidhi and Abu Dawud)

Theft:

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.”
(5, Al-Ma’idah: 38)

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.” (Reported by Abu Dawud and Ahmad)

The Prophet (SAWS) was asked about the guarded sheep (sheep taken from their pasture); he (SAWS) said, “The fine is twice its price and beating as a punishment; as for what is taken from its shelter, the hand is to be cut off if the value of what is taken from it reaches the price of a shield." He (SAWS) was also asked about the hanging fruit and said, "If a  person eats from it but does not take away in a container (or in his garment) he is not to be blamed, but he who carries any of it away is to be fined twice the value and beaten as a punishment; he who steals any of it after it has been put in the place where dates are dried is to have his hand cut off if their value reaches the price of a shield." [Ahmad]

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?”
(Reported by Al-Bukhari and Muslim)

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[
(المائدة: 33 - 34)

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[
(الحجرات: 9)

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)

The Prophet (SAWS) said, "Never kill someone going away or dispatch a wounded; and whoever closes his door (remains indoors) then he is safe." [Minhajul-Muslim]