Dought & clear, - Ruling on honour killings.

Share ::-

- -

- -

I would like to know what the ruling on Honor killings would be and how it should be punished acording to the Laws of the Shariat.
Praise be to Allaah.
Killing a Muslim unlawfully is a serious matter and a grave crime. Allaah says (interpretation of the meaning):
“And whoever kills a believer intentionally, his recompense is Hell to abide therein; and the Wrath and the Curse of Allaah are upon him, and a great punishment is prepared for him”
[al-Nisa’ 4:93]
al-Bukhaari (6355) narrated from Ibn ‘Umar (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “The believer will continue to be encompassed by the mercy of Allaah so long as he does not shed blood that it is forbidden to shed.”
The Prophet (peace and blessings of Allaah be upon him) has explained to us the reasons for which it becomes permissible to shed this blood. He said: “It is not permissible to shed the blood of a Muslim who bears witness that there is no god but Allaah and that I am the Messenger of Allaah except in three cases: a life for a life (murder), zina of one of who is previously-married (adultery), and the one who changes his religion and forsakes the jamaa’ah.” Narrated by al-Bukhaari (6370) and Muslim (3175). From this it is clear that zina on the part of one who is married is one of the reasons that make it permissible to kill a person, but the zaani (adulterer) cannot be killed unless two conditions are met:
-1-
He should be previously-married. The scholars have explained what is meant by previously-married in this case. Zakariya al-Ansaari (may Allaah have mercy on him) said inAsna’l-Mataalib(4/128): The previously-married person, whether male or female, is any adult of sound mind who has previously had intercourse within a valid marriage. End quote. Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said inal-Sharh al-Zaad(6/120): There are five conditions for (being described as) previously-married:
1- Intercourse
2- Within a valid marriage
3- Being an adult
4- Being of sound reason
5- Being free (i.e., not a slave).
End quote.
-2-
The second condition is that it should be proven that the hadd punishment is deserved, by the testimony of four male witnesses who saw the private parts meet, or the person should freely admit to having committed zina, without being forced to do so.
If it is proven that he deserves the hadd punishment, it is not permissible for individuals to carry out this punishment themselves. Rather the matter must be referred to the ruler or his deputy to prove the crime and carry out the punishment, because if individuals carry out hadd punishments, that will lead to a great deal of corruption and evil.
Ibn Muflih al-Hanbali (may Allaah have mercy on him) said inal-Furoo’(6/53): It is haraam for anyone to carry out a hadd punishment except the ruler or his deputy. This is something on which the fuqaha’ of Islam are unanimously agreed, as was stated inal-Mawsoo’ah al-Fiqhiyyah(5/280): The fuqaha’ are unanimously agreed that the one who should carry out hadd punishments is the ruler or his deputy, whether the punishment is transgressing one of the limits of Allaah, may He be exalted, such as zina, or a transgression against another person, such as slander. End quote.
Concealing one who has committed this evil deed so that he may repent and set his affairs straight before he dies is better than exposing him, let alone killing him. The Prophet (peace and blessings of Allaah be upon him) turned away from Maa’iz (may Allaah be pleased with him) after he admitted committing zina, and he ignored him until he had repeated his confession several times, then he carried out the hadd punishment on him.
Based on this, that which is called “honour killing” is a transgression and wrongdoing, because it is killing one who does not deserve to be killed, namely the virgin if she commits zina (fornication), but the shar’i punishment in her case is flogging and banishment for one year, not execution, because the Prophet (peace and blessings of Allaah be upon him) said: “(The punishment for zina) of a virgin with a virgin person is one hundred lashes and exile for one year.” Narrated by Muslim. The one who kills her has killed a believing soul whom Allaah has forbidden to be killed, and there is a stern warning concerning that, as Allaah, may He be glorified and exalted, says (interpretation of the meaning):
“And those who invoke not any other ilaah (god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse ___ and whoever does this shall receive the punishment.
69. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace”
[al-Furqaan 25:68-69]
Even if we assume that she deserves to be executed (if she was previously-married and committed zina), no one should do that but the ruler – as stated above. Moreover, in many cases killing is done on the basis of accusations and speculation, without proving whether the immoral action even took place.
And Allaah knows best.







:: Share ::

- PUBLISHERNajimudeeN M

Dought & clear, - Is repentance accepted ifthe hadd punishment is not carried out on a person?.

Share ::-

- -

- -

I have a question that is confusing me. If a married or unmarried person commits the sin of immoral conduct, or major sins such as stealing, backbiting, riba, etc, and persists in doing that for a long time, then he comes to know Allaah and he repents sincerely to Allaah, seeking the Face of Allaah, and he seeks the forgiveness of those about whom he gossiped, and returns what he stole, and gives up riba (usury) and all the sins that there are between him and Allaah such as zina, drinking, failing to pray etc, but the hadd punishment is not carried out on him, will Allaah accept his repentance and his worship, no matter how great his sins were? Or is it possible that Allaah will not accept his repentance and his worship will be rejected? Will Allaah save him from the torment of the grave and from Hell? What should he do in order to avoid punishment and so that Allaah will be pleased with him?.
Praise be to Allaah.
You should note that it is not permissible for a Muslim to think of the sins from which he has repented as being too great, for the mercy, pardon and forgiveness of Allaah are greater than his sins.
If the sins had to do with other people, then it is obligatory to restore people’s rights to them. If the sin has to do with something that is between a person and his Lord, then it is sufficient for him to repent, seek forgiveness, regret what he did and resolve not to go back to those sins. It is not a condition of repentance that the hadd punishment be carried out on the repentant person. He should conceal himself with the concealment of Allaah, Achieving sincere repentance is better than confessing so that the hadd punishment may be carried out.
This person has repented well and has given back to people what is rightfully theirs, so he should not let the Shaytaan come and spoil his repentance.
It should be noted that Allaah turns the bad deeds of the repentant into good deeds. Allaah says (interpretation of the meaning):
“And those who invoke not any other ilaah (god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse and whoever does this shall receive the punishment.
69. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace;
70. Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allaah will change their sins into good deeds, and Allaah is Oft‑Forgiving, Most Merciful.
71. And whosoever repents and does righteous good deeds; then verily, he repents towards Allaah with true repentance”
[al-Furqaan 25:68-71]
The offenses which the sultan (Muslim ruler) hears of are the ones for which the hudood punishments must be carried out. As for those of which he does not hear, then it is better to repent from them and to conceal oneself with the concealment of Allaah.
The scholars of the Standing Committee said:
If the shar’i ruler hears of offenses and they are proven by sufficient evidence, then the hadd punishments must be carried out, and it is not waived by repentance, according to scholarly consensus. The Ghaamidi woman came to the Prophet (peace and blessings of Allaah be upon him) asking him to carry out the hadd punishment on her after she had repented, and he said concerning her: “She has repented in a manner that if the people of Madeenah were to repent in this way, it would be sufficient for them.” But despite that he carried out the shar’i hadd punishment on her. But no one has the right to do that but the sultaan.
But if news of that offence does not reach the sultaan, then the Muslim should conceal himself with the concealment of Allaah and repent sincerely to Allaah, so that Allaah may accept his repentance.
Fataawa al-Lajnah al-Daa’imah, 22/15
And they said – responding to one who wanted to carry out the hadd punishment and who was not sure that repentance from zina would be accepted –
If a person repents to his Lord sincerely, then Allaah has promised that He will accept his repentance, and will compensate him with reward. This is by His kindness and generosity. Allaah says (interpretation of the meaning):
“And those who invoke not any other ilaah (god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourseand whoever does this shall receive the punishment.
69. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace;
70. Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allaah will change their sins into good deeds, and Allaah is Oft‑Forgiving, Most Merciful.”
[al-Furqaan 25:68-70]
The conditions of repentance include: giving up the sin, regretting what one has done and resolving not to go back to it. If the matter involves the rights of other people, then one must also ask them for forgiveness.
It was narrated from ‘Ubaadah ibn al-Saamit (may Allaah be pleased with him) that when the women gave their oath of allegiance (bay’ah) to the Prophet (peace and blessings of Allaah be upon him), he said: “Whoever among you is faithful (to this oath), his reward will be with Allaah. Whoever does any of these things (wrong actions) and is punished for it, that will be an expiation for him. Whoever does any of these things and Allaah conceals him, then it is up to Allaah: if He wills He will punish him and if He wills He will forgive him.”
The Prophet (peace and blessings of Allaah be upon him) encouraged sincere repentance. In the story of Maa’iz he said: “Why did you not leave him alone, perhaps he would have repented and Allaah would have accepted his repentance.” Maalik narrated inal-Muwatta’from Zayd ibn Aslam that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “O people, the time has come for you stop transgressing the sacred limits set by Allaah. Whoever commits any of these evil actions, let him conceal himself with the concealment of Allaah, for whoever discloses his actions, then we have to carry out the hadd punishment (that is prescribed in) the Book of Allaah.”
So you have to repent sincerely, offer prayers regularly in congregation and do a great deal of good deeds.
Fataawa al-Lajnah al-Daa’imah, 22/44,45.
And Allaah knows best.






:: Share ::

- PUBLISHERNajimudeeN M

Dought & clear, - Ruling on the crime of rape.

Share ::-

- -

- -

What is the ruling on the crime of rape in Islam?.
Praise be to Allaah.
The Arabic wordightisaabrefers to taking something wrongfully by force. It is now used exclusively to refer to transgression against the honour of women by force (rape).
This is an abhorrent crime that is forbidden in all religions and in the minds of all wise people and those who are possessed of sound human nature. All earthly systems and laws regard this action as abhorrent and impose the strictest penalties on it, except a few states which waive the punishment if the rapist marries his victim! This is indicative of a distorted mind let alone a lack of religious commitment on the part of those who challenge Allaah in making laws. We do not know of any love or compassion that could exist between the aggressor and his victim, especially since the pain of rape cannot be erased with the passage of time – as it is said. Hence many victims of rape have attempted to commit suicide and many of them have succeeded, The failure of these marriages is proven and they are accompanied by nothing but humiliation and suffering for the woman.
Islam has a clear stance which states that this repugnant action is haraam and imposes a deterrent punishment on the one who commits it.
Islam closes the door to the criminal who wants to commit this crime. Western studies have shown that most rapists are already criminals who commit their crimes under the influence of alcohol and drugs, and they take advantage of the fact that their victims are walking alone in isolated places, or staying in the house alone. These studies also show that what the criminals watch on the media and the semi-naked styles of dress in which women go out, also lead to the commission of this reprehensible crime.
The laws of Islam came to protect women's honour and modesty. Islam forbids women to wear clothes that are not modest and to travel without a mahram; it forbids a woman to shake hands with a non-mahram man. Islam encourages young men and women to marry early, and many other rulings which close the door to rape. Hence it comes as no surprise when we hear or read that most of these crimes occur in permissive societies which are looked up to by some Muslims as examples of civilization and refinement! In America – for example – International Amnesty stated in a 2004 report entitled “Stop Violence Against Women” that every 90 seconds a woman was raped during that year. What kind of life are these people living? What refinement and civilization do they want the Muslim women to take part in?
The punishment for rape in Islam is same as the punishment for zina, which is stoning if the perpetrator is married, and one hundred lashes and banishment for one year if he is not married.
Some scholars also say that he is required to pay a mahr to the woman.
Imam Maalik (may Allaah have mercy on him) said:
In our view the man who rapes a woman, whether she is a virgin or not, if she is a free woman he must pay a “dowry” like that of her peers, and if she is a slave he must pay whatever has been detracted from her value. The punishment is to be carried out on the rapist and there is no punishment for the woman who has been raped, whatever the case. End quote.
Al-Muwatta’, 2/734
Shaykh Salmaan al-Baaji (may Allaah have mercy on him) said:
In the case of a woman who is forced (raped): if she is a free woman, the one who forced her must pay her a “dowry” like that of her peers, and the hadd punishment is to be carried out on him. This is the view of al-Shaafa’i, and it is the view of al-Layth, and it was also narrated from ‘Ali ibn Abi Taalib (may Allaah be pleased with him).
Abu Haneefah and al-Thawri said: the hadd punishment is to be carried out on him but he is not obliged to pay the “dowry”.
The evidence for what we say is that the hadd punishment and the “dowry” are two rights, one of which is the right of Allaah and the other is the right of the other person. So they may be combined, as in the case of a thief whose hand is cut off and he is required to return the stolen goods. End quote.
Al-Muntaha Sharh al-Muwatta’, 5/268, 269
Ibn ‘Abd al-Barr (may Allaah have mercy on him) said:
The scholars are unanimously agreed that the rapist is to be subjected to the hadd punishment if there is clear evidence against him that he deserves the hadd punishment, or if he admits to that. Otherwise, he is to be punished (i.e., if there is no proof that the hadd punishment for zina may be carried out against him because he does not confess, and there are not four witnesses, then the judge may punish him and stipulate a punishment that will deter him and others like him). There is no punishment for the woman if it is true that he forced her and overpowered her, which may be proven by her screaming and shouting for help. End quote.
Al-Istidhkaar, 7/146
Secondly:
The rapist is subject to the hadd punishment for zina, even if the rape was not carried out at knife-point or gun-point. If the use of a weapon was threatened, then he is a muhaarib, and is to be subjected to the hadd punishment described 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-Maaidah 5:33]
So the judge has the choice of the four punishments mentioned in this verse, and may choose whichever he thinks is most suitable to attain the objective, which is to spread peace and security in society, and ward off evildoers and aggressors.
And Allaah knows best.






:: Share ::

- PUBLISHERNajimudeeN M