Dought & clear, - Health care for prisoners in Islam.

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i have a project in the quality of health care in the prison.. do the prisoners have the same health care like other people.. what is the isalmic prespective of justic and equality in this case??
Praise be to Allaah.
Islam pays great attention to the matter of prisons and the circumstances of prisoners; it is rare to find anything similar to this in any place or time. The fuqahaa’ discussed in their books the rulings pertaining to prisoners, their circumstances and how they should be treated. This concern stems from the Islamic concern for the protection of man and respect for his humanity.
To make the matter easier to understand and to make the rulings more clear, the scholars divided the subject-matter into two parts: the rulings pertaining to the personal health of prisoners, and the rulings pertaining to health care in the place that is used as a prison.
One: Rulings pertaining to the personal health of prisoners
Imprisoning a sick person. The fuqahaa’ discussed the matter of imprisoning a person who is sick in the first place – do the authorities have the right to imprison a sick person? The answer is that this is the matter of ijtihaad, and the final decision rests with the Qaadi (judge) who must weigh up the reason why this person is to be imprisoned, the seriousness of his disease and the possibility of taking care of him in jail. If sufficient health care is available for this sick person in prison, and he is not suffering a serious illness which could kill him if he is detained, it is permissible to imprison him. If such care is not available, the judge may hand him over to someone who can treat him and guard him, without releasing him completely, until it is possible to imprison him again.
If a prisoner becomes sick whilst in jail. If a prisoner becomes sick whilst in jail and it is possible to treat him there, then he must be treated without bringing him out. Doctors and servants should not be prevented from going in to see him, treat him and serve him. If not treating him leads to his death, criminal charges are to be laid against those who were the cause of that, and they are to be punished. The Prophet (peace and blessings of Allaah be upon him) passed by a prisoner who was in chains, and he called out, “O Muhammad, O Muhammad!” He came to him and said, “What is the matter?” He said, “I am hungry – feed me. I am thirsty – give me water.” The Prophet (peace and blessings of Allaah be upon him) commanded that his needs should be met. (Narrated by Muslim, 3/1263). And no doubt medical treatment is what the sick person needs.
But if it is not possible to treat him inside the prison, he must be taken out to a place where it is possible to treat him, under the supervision of the jail or whoever is delegated to the task of watching and guarding him.
With regard to these rulings, the fuqahaa do not differentiate between physical illness and psychological illness (true psychological illness, that is, as opposed to the made-up psychological illness or the regular psychological illness which many lawyers use as a means of getting criminals let off). Hence the fuqahaa’ (may Allaah have mercy on them) stated that it is not permissible to lock the door on the prisoner – so long as there is the certainty that he will not run away – or to put him in a darkened room, or to harm him in any way or to do anything that will make him terrified. His relatives should not be prevented from visiting him, because this will have an effect on his health and psychology.
It is prescribed for the authorities or their representative to set up a special medical wing in the prison, to take care of the prisoners’ health needs. This will spare them the need to take them out to public hospitals and expose them to possible insult and humiliation.
Prisoners should be allowed to see their wives and to have intimate relations with them, if there is a suitable place for that in the jail, as a protection for them and their wives.
The fuqahaa’ stated that it is obligatory to enable prisoners to do wudoo’ and purify themselves, which is undoubtedly an important protective precaution against sickness.
Two: Rulings pertaining to health care in the place that is used as a prison
The place that is used as a prison should be spacious, clean, well-ventilated, lit by natural sunlight, and furnished with the necessary facilities such as washrooms, etc.
It is not permissible to gather such a large number of prisoners in one place that they will not be able to do wudoo’ and pray.
Three: there follow some of the things which the fuqahaa’ stated it is haraam to use when disciplining or dealing with prisoners:
Mutilating the body: it is not permitted to punish a prisoner by cutting off any part of his body or breaking any of his bones. The Prophet (peace and blessings of Allaah be upon him) forbade mutilation of prisoners-of-war and said: “Do not mutilate.” (Narrated by Muslim, 3/1357).
Hitting the face, etc., because of the humiliation involved. By the same token, it is not permitted to put chains on prisoners’ necks or to lay them on the ground to whip them, even if this is the hadd (Islamic punishment) prescribed for them, because this involves humiliation and harms their health and bodies.
Punishment by fire, strangulation or holding a prisoner’s head under water – except in cases ofqasaasand where the punishment needs to fit the crime. For example, if a person has committed aggression against another by burning him, it is permissible to exact retribution against him in the same manner.
Starving prisoners or exposing them to the cold, or feeding them harmful things, or preventing them from wearing clothes. If a prisoner dies because of such things, his jailer may be executed in retribution (qasaas) or be required to pay diyah (blood money).
Removing prisoners’ clothing, because this uncovers their ‘awrah and exposes them to physical and psychological illness.
Preventing them from relieving themselves, doing wudoo’ and praying. It is obvious that this is harmful to the prisoners’ health.
Examples of Muslims’ concern for prisoners:
The hadeeth mentioned above shows how the Prophet (peace and blessings of Allaah be upon him) issued commands that prisoners should be cared for and their needs for food and drink met. The Prophet (peace and blessings of Allaah be upon him) often used to hand prisoners over to his companions and urge them to treat them well.
The Rightly-Guided Khaleefah ‘Ali ibn Abi Taalib (may Allaah be pleased with him) used to inspect the prisons, meet the prisoners in them and enquire about their circumstances.
‘Umar ibn ‘Abd al-‘Azeez, the fifth Rightly-Guided Khaleefah, used to write to his employees, telling them to see how the prisoners were and to take care of the sick among them.
The ‘Abbaasi khaleefah al-Mu’tadid allocated 1500 dinars of the monthly budget to be spent on the needs and medical treatment of prisoners.
When the ‘Abbaasi khaleefah al-Muqtadir imprisoned one of his wazeers, Ibn Muqlah, the wazeer got sick. So the khaleefah sent the famous doctor Thaabit ibn Sinaan ibn Thaabit ibn Qurrah to treat him in jail, and he urged him to treat him well. The doctor used to feed him with his own hand and treated him very kindly.
At the time of the khaleefah al-Muqtadir, the wazeer ‘Ali ibn ‘Eesaa al-Jarraah wrote to the head of the hospitals of Iraq at that time, telling him: “I have been thinking, may Allaah grant you long life, about those who are in prison. With their large numbers and rough accommodation, they are not free from disease. They are prevented from doing things which will benefit them and meeting with doctors whom they can consult about the sicknesses they are exposed to. So you have to appoint doctors for them who will go in and see them every day and take them medicine and drinks, and who will go around to all the jails and treat the sick in them and prescribe medicine for them.” This care lasted throughout the khilaafah of al-Muqtadir, al-Qaahir, al-Raadi and al-Muttaqi.
For more information, please see:Ahkaam al-Sijn wa Mu’aamilat al-Sujanaa’ fi’l-Islam, p. 367-379;al-Mawsoo’ah al-Fiqhiyyah, part 16, p. 320-327
And Allaah knows best.
Ahkaam al-Sijn wa Mu’aamilat al-Sujanaa’ fi’l-Islam, p. 367-379; al-Mawsoo’ah al-Fiqhiyyah, part 16, p. 320-327

- PUBLISHERNajimudeeN M

Dought & clear, - Questions about the punishment forhiraabah (aggression).

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Assalmu Alikum,
I have a question regarding the punishments described in
Surah 5, in particular verse 33.
It states that the punishment for anti-Islamic war mongers
is that they are to be a) killed OR b) crucified OR c) have their hands and feet on alternate sides cut-off OR d) exile from the land
Are these punishments that apply today, or is the Quran
refering to a particular people from history?
If this is Islamic law, under what circumstances do each apply?
There are several alternatives, of lessening sevarity...
does this imply levels of punishments depending on the sevarity of the crimes being inflicted by the criminal?
Also, is this "crucifiction" mentioned the same kind of crucifiction the Romans did to their criminals, i.e. nailing people to a cross, or is this different?
I've tried finding historical accounts of Muslims practicing this, but the prefered method of execution of criminals seems to have always been beheading by a sword.
I think it's law, as in the next verse, 5:34, Allah states to have mercy on those who repent after they fall into the power of the Believers. But I ceartainly am in no position to give this opinion any wieght, which is why I'm sending this letter.
Anyhow, I would like clarification on this in particular with respect to
a) Using crucifiction as a means to punish - is this the same as nailing or tying people to a cross and having them die over a period of time?
c) to whom exactly do they apply
d) does the punishment hold today, or were there revelations which canceled this punishment system
e) any other background information you think is relevant May Allah guide me to the Truth.
May Allah bless you for this wonderful service you are offering.
Praise be to Allaah.
The whole issue of hiraabah, which is also known as banditry, can be summed up in the following points:
Definition of hiraabah
Ruling on hiraabah
Punishment for hiraabah
The reasons for the different types of these punishments
Repentance of the muhaarib (person who commits hiraabah)
Definition of hiraabah
Hiraabah means ambushing people and threatening them with weapons and so on, in the deserts or in the cities, killing them, terrorizing them and seizing their property by force and openly.
Wealth is mentioned specifically because this is what usually happens, but the ruling applies also to people who terrorize others for the purposes of rape or sodomy.
Ruling on hiraabah
Hiraabah is one of the most serious of major sins, and it is forbidden according to the Qur’aan, the Sunnah and ijmaa’ (scholarly consensus).
Qur’aan: The Qur’aan 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 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) come back (as Muslims) with repentance before they fall into your power; in that case, know that Allaah is Oft-Forgiving, Most Merciful.” [al-Maa’idah 5:33]
Sunnah: the hadeeth of al-‘Arniyeen. Anas (may Allaah be pleased with him) reported that some people came from ‘Akl or ‘Areenah and avoided Madeenah (i.e., they did not want to stay in Madeenah because they were suffering from a fever). The Prophet (peace and blessings of Allaah be upon him) ordered them to drink the urine and milk of milch-camels (for treatment of their fever). They did that, and when they got better, they killed the shepherd of the Prophet (peace and blessings of Allaah be upon him) and stole the sheep. This news reached (the Prophet (peace and blessings of Allaah be upon him) at the beginning of the day, and he sent people in pursuit of them. At mid-day, they were brought to him and he commanded that their hands and feet should be cut off and their eyes put out, then they were left in al-Harrah begging for water, but no one gave them water. (Agreed upon).
Ijmaa’: the ummah is agreed that hiraabah is haraam.
Punishments for hiraabah
The punishment for hiraabah is one of the hudood or punishments prescribed by sharee’ah, and the punishment varies according to the severity of the crime. This is explained as follows:
Whoever kills someone and steals their property, should definitely be killed and crucified, so that everyone will know about him. It is not permitted to forgive him, by the consensus of the scholars, as was reported by Ibn al-Mundhir.
Whoever kills but does not steal, should definitely be killed, but not crucified.
Whoever steals property but does not kill, his right hand and left foot should be cut off at the same time, then the bleeding should be stopped and he should be released.
Whoever merely terrorizes people, but does not kill or steal, should be banished from the land to another country, where he should be detained until he has repented sincerely and is reformed.
The evidence for the above is as follows:
The words of Allaah (interpretation of the meaning):“The recompense of those who wage war against Allaah and His Messenger and do mischief in the land…” [al-Maa’idah 5:33].
The report narrated from Ibn ‘Abbaas (may Allaah be pleased with them both), who said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) made a peace treaty with Abu Barzah Hilaal ibn ‘Awaymir al-Aslami. Some people came, wanting to embrace Islam, and they were ambushed by the companions of Abu Barzah. Then Jibreel (peace be upon him) brought to the Messenger of Allaah (peace and blessings of Allaah be upon him) the revelation of the punishment for killing and stealing property, which is to be killed and crucified, and the punishment for killing without stealing, which is to be killed… Whoever steals property but does not kill should have his hand and foot from opposite sides cut off. Whoever becomes Muslim, Islam cancels out whatever deeds came before it at the time ofshirk.” (Tafseer al-Tabari, 10/260-261).
The reason for different levels of punishment
Different punishments for different degrees of hiraabah have been prescribed for a very important reason. Hiraabah may take different forms, as is well known, it might not involve only killing, or only stealing. It might involve both stealing and killing, or it may involve neither, only terrorizing people. These different forms of crime dictate different forms of punishment.
The basic principle in sharee’ah is that the punishment should fit the crime, as Allaah says (interpretation of the meaning):“The recompense for an evil is an evil like thereof…” [al-Shoora 42:40]. If these punishments did not vary according to the crime, and there was room for choice, this might result in the most severe punishment for one whose crime was the least serious, or the lightest punishment for one whose crime was most heinous, which is a travesty of justice. The fact that punishments vary according to the seriousness of the crime makes perfect common sense.
Repentance of the muhaarib
If the muhaarib repents, it can only be either of the following two scenarios:
Either he repents before he is caught
In this case, the punishment for hiraabah no longer applies, and he should be treated like one who is not a muhaarib. The punishment of banishment, amputation, or execution etc., no longer applies, except in cases where the victim or his family have the right to demand retribution. The evidence for this is the words of Allaah (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 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) come back (as Muslims) with repentance before they fall into your power; in that case, know that Allaah is Oft-Forgiving, Most Merciful.” [al-Maa’idah 5:33]
Or he repents after he is caught
In this case the punishment for hiraabah still applies, and indeed the ruler is obliged to carry it out, because the exception mentioned in the aayah clearly applies only to one who repents before he is caught. It is not too difficult for a person who wants to escape the prescribed punishment to feign repentance.
This punishment is part of the Islamic sharee’ah which Allaah has prescribed for every time and place, not just for one particular country or period. The Muslims applied this punishment for hiraabah at the time of the Prophet (peace and blessings of Allaah be upon him) and until the present time. The fact that some of the Roman and Pharaonic punishments were similar to those prescribed by Islamic law is of no particular significance, good or bad. These Islamic punishments cannot be regarded as backward or savage or barbaric at all. Any intelligent person who thinks about the severity of the crime of hiraabah and the resulting lack of security in the cities and on the road, terrorizing of the populace, robbing and killing, will know for sure that this ruling is exactly what these criminals deserve. The one who looks at the way the punishments for hiraabah fit the crime exactly will see that this is the essence of justice. How can it be otherwise when the One Who has prescribed this law is the Almighty, the All-Wise, the All-Knowing, the All-Seeing, the Judge, the Just, the All-Aware? He is the Best Disposer of Affairs and the Best of Supporters.

- PUBLISHERNajimudeeN M

Dought & clear, - The hadd punishment for theft.

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the criminal punishment in muslim countrys seem to be different from the sunnah, like chopping a theifs fingers off and leaving his thumb if he stole for the first time(in iran this happens).is this sunnah?
Praise be to Allaah.
Theft is haraam according to the Qur’aan, Sunnah and scholarly consensus (ijmaa’). Allaah has condemned this action and decreed an appropriate punishment for it. The hadd punishment for a thief is to cut off his hand. Allaah says (interpretation of the meaning):
“And (as for) the male thief and the female thief, cut off (from the wrist joint) their (right) hands as a recompense for that which they committed, a punishment by way of example from Allaah. And Allaah is All Powerful, All Wise”[al-Maa’idah 5:38]
The Prophet (peace and blessings of Allaah be upon him) said: “The hand should be cut off for (the theft of) a quarter of a dinar or more.” (Narrated by al-Bukhaari,al-Hudood, 6291)
The Prophet (peace and blessings of Allaah be upon him) cursed the thief because he is a corrupt element in society, and if he is left unpunished, his corruption will spread and infect the body of the ummah. He (peace and blessings of Allaah be upon him) said, “May Allaah curse the thief who steals an egg and has his hand cut off, or steals a rope and has his hand cut off.” (al-Bukhaari,al-Hudood, 6285).
What indicates that this ruling is definitive is that fact that a Makhzoomi noblewoman stole at the time of the Prophet (peace and blessings of Allaah be upon him), and Usaamah ibn Zayd wanted to intercede for her. The Prophet (peace and blessings of Allaah be upon him) became angry and said, “Do you intercede concerning one of the hadd punishments set by Allaah? Those who came before you were destroyed because if a rich man among them stole, they would let him off, but if a lowly person stole, they would carry out the punishment on him. By Allaah, if Faatimah bint Muhammad were to steal, I would cut off her hand.” (al-Bukhaari,Ahaadeeth al-Anbiyaa’, 3216)
This is the ruling of Allaah concerning theft, that the hand should be cut off from the wrist joint.
Al-Nawawi said in his commentary onSaheeh Muslim: Al-Shaafa'i, Abu Haneefah, Maalik and the majority (of scholars) said: The hand should be cut off from the wrist, where the hand meets the forearm. Al-Qurtubi said: all the scholars said: The hand should be cut off from the wrist, not as some of the innovators do when they cut off the fingers and leave the thumb.
Because cutting off the hand is a serious matter, cutting off the hand of the thief should not be done for just any case of theft. A combination of conditions must be fulfilled before the hand of a thief is cut off. These conditions are as follows:
The thing should have been taken by stealth; if it was not taken by stealth, then (the hand) should not be cut off, such as when property has been seized by force in front of other people, because in this case the owner of the property could have asked for help to stop the thief.
1- The stolen property should be something of worth, because that which is of no worth has no sanctity, such as musical instruments, wine and pigs.
2- The value of the stolen property should be above a certain limit, which is three Islamic dirhams or a quarter of an Islamic dinar, or their equivalent in other currencies.
3- The stolen property should have been taken from a place where it had been put away, i.e., a place where people usually put their property, such as a cupboard, for example.
4- The theft itself has to be proven, either by the testimony of two qualified witnesses or by the confession of the thief twice.
5- The person from whom the property was stolen has to ask for it back; if he does not, then (the thief’s) hand does not have to be cut off.
If these conditions are fulfilled, then the hand must be cut off. If this ruling was applied in the societies which are content with man-made laws and which have cast aside the sharee’ah of Allaah and replaced it with human laws, this would be the most beneficial treatment for this phenomenon. But the matter is as Allaah says (interpretation of the meaning):
“Do they then seek the judgement of (the days of) Ignorance? And who is better in judgement than Allaah for a people who have firm Faith”[al-Maa’idah 5:50]
See al-Jaami’ li Ahkaam al-Qur’aan, 6/159; al-Mulakhkhas al-Fiqhi, 2/442

- PUBLISHERNajimudeeN M