kidnap women and violate their honour, all at knife-point or
gun-point?.
Praise be to Allaah.
These crimes, which are committed by some people who have no religious
commitment, are given a severe punishment in sharee'ah, which is known
to the scholars as the hadd for haraabah (waging war against Allaah
and His Messenger) orquta' al-tareeq(banditry). This is mentioned in
the verse in which Allaah says (interpretation of the meaning):
"The recompense of those who wage war against Allaah 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 from opposite
sides, or be exiled from the land. That is their disgrace in this
world, and a great torment is theirs in the Hereafter"
[al-Maa'idah 5:33]
The Council of Senior Scholars in the Land of the Two Holy
Sanctuaries, under the leadership of Shaykh 'Abd al-'Azeez ibn Baaz
(may Allaah have mercy on him) issued a statement concerning these
crimes, in which it says:
The Council has studied what the scholars have mentioned about the
shar'i rulings which in general dictate the obligation to protect the
five essentials of life and ensure that they remain safe. They are:
religion, life, honour, mental health and wealth. Islam acknowledges
the great danger that can result from crimes of aggression against the
sanctity of the Muslims' lives, honour and wealth, and the threat to
public security that this can pose in the land.
Allaah has guaranteed protection for the people's religion, physical
well-being, lives, honour and mental health by means of the
punishments which He has prescribed to attain security on both the
public and private levels. Implementing the verse concerning the hadd
punishment for haraabah in accordance with the rulings of the Prophet
(peace and blessings of Allaah be upon him) concerning muhaaribeen
guarantees security and peace of mind, and deters those who would
think of committing such crimes and transgressing against the Muslims.
Allaah says (interpretation of the meaning):
"The recompense of those who wage war against Allaah 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 from opposite
sides, or be exiled from the land. That is their disgrace in this
world, and a great torment is theirs in the Hereafter"
[al-Maa'idah 5:33]
Inal-Saheehaynit is narrated that Anas (may Allaah be pleased with
him) said: Some people from 'Ukl came to the Prophet (peace and
blessings of Allaah be upon him) and were in al-Suffah. The climate of
Madeenah made them sick, so they said: O Messenger of Allaah, get us
some milk. He said: "I think the best thing for you is to go to the
camels of the Messenger of Allaah." So they went there and drank some
of their milk and urine, then when they had recovered and gained
weight, they killed the herdsman and drove away the camels. Someone
came to the Messenger of Allaah (peace and blessings of Allaah be upon
him) shouting for help, and he sent a party out in pursuit of them.
Not much of the day had passed before they were caught and brought to
him. He ordered that branding irons be heated and their eyes were put
out, and their hands and feet were cut off, and not cauterized, then
they were thrown into the harrah where they asked for water but they
were not given any, until they died.
Abu Qilaabah said: They stole, killed and waged war against Allaah and
His Messenger.
Based on the above, the Council has determined the following:
(a)
The crimes of kidnapping, robbery and transgression of the Muslims'
sanctity by way of open and audacious hostility is a type of
muhaarabah (waging war against Allaah and His Messenger) and doing
mischief in the land, which deserves the punishment mentioned by
Allaah in the verse in al-Maa'idah, whether that aggression is against
people's lives, wealth or honour, or it is scaring wayfarers and
cutting off routes (banditry). It makes no difference whether that
happens in cities, villages, the desert or the wilderness, as is the
correct view of the scholars (may Allaah have mercy on them).
Ibn al-'Arabi said, telling of the time when he was a judge: Some
bandits were brought before me who had gone out to attack a group of
travellers. They took a woman by force from her husband and the group
of Muslims who were with him, and carried her off. Then they were
hunted down, caught and brought to me. I asked one of the muftis with
whom Allaah tested me about them and he said that they were not
muhaaribeen, because haraabah (the crime of waging war against Allaah
and His Messenger) applies only with regard to wealth, not rape! I
said to them: To Allaah we belong and unto Him is our return (said by
Muslims at times of calamity). Do you not know that haraabah
(aggression) against honour is worse than aggression against wealth?
All people would agree to lose their wealth and have it confiscated
from them rather than to see aggression committed against their wives
or daughters. If there were any punishment more severe than that which
Allaah has mentioned, it would be for those who kidnap women. end
quote.
(b)
The Council believes that in the verse in which Allaah says "The
recompense of those who wage war against Allaah 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 from opposite sides, or be
exiled from the land" the wordaw(or) means that there is a choice, as
is the apparent meaning of the verse. This is the view of the majority
of scholars, may Allaah have mercy on them.
(c)
The majority of the Council believes that the deputies of the ruler -
the judges - have the obligation to prove the type of crime and to
pass judgement accordingly. If it is proven that it is a crime that
constitutes war against Allaah and His Messenger (muhaarabah) and
spreading mischief in the land, then they have the choice of issuing a
sentence of execution, crucifixion, cutting off a hand and foot on
opposite sides, or exile from the land, based on their ijtihaad and
paying attention to the situation of the criminal and the
circumstances of the crime, as well as its impact on society and what
may best achieve the interests of Islam and the Muslims, unless the
muhaarib has killed, in which case he should definitely be executed,
as Ibn al-'Arabi al-Maaliki narrated that there was consensus among
the scholars on this point. Among the Hanbalis, the author
ofal-Insaafsaid: There is no dispute on this point. End quote from a
paper published by the Council of Senior Scholars under the
titleal-Hukm fi'l-Satw wa'l-Ikhtitaaf wa Muskiraat, p. 192-104.
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