Dought & clear, -What is the difference between compensation (diyah) and theft (sariqah) when it comes to the hand?.

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What is the reason why the hand may be cut off for stealing one-quarter of a dinar but the diyah (compensation) for the hand [in cases of injury etc.] may be 500 dinars?
Ibn al-Qayyim said:
The fact that the hand may be cut off for stealing one-quarter of a dinar but the diyah (compensation) for the hand [in cases of injury etc.] may be 500 dinars serves a great interest, and there is a great deal of wisdom behind this. It serves to take precautions concerning two things, people’s wealth and people’s limbs. Cutting off the hand in the case of theft of a quarter of a dinar is to protect people’s wealth. Making the diyah for injury to the hand 500 dinars is to protect and preserve people’s limbs. One of the heretics raised this question and mentioned it in two verses of poetry, saying:
“A hand receives five hundred dinars’ compensation, so why can it be chopped off for one-quarter of a dinar?
This is a contradiction we can only keep quiet about, and we seek the protection of our Lord from disgrace.”
One of the fuqahaa’ answered him by saying that the hand is precious so long as it is honest, but when it becomes dishonest it becomes worthless. And the poet mentioned it by saying:
“A hand receives five hundred dinars’ compensation, so why can it be chopped off for one-quarter of a dinar?
Protection against physical aggression makes the hand precious, but the hand becomes worthless when it becomes dishonest.”
And it was narrated that al-Shaafa’i responded by saying in verse:
“There is aggression against the hand, therefore it is precious, but here the hand is the wrongdoer, so it becomes insignificant in the sight of the Creator.”
A’laam al-Muwaqqi’een, 2/49, 50.








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Dought & clear, -Does this hadeeth contradict the principle of equality and justice in Islam?.

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- following hadeeth, which was narrated by Abu Dawood and others: “Forgive the people of good character for their mistakes”? I have read that some people are not sure about it because it contradicts the Qur’aan and its verses which call for equality and justice.-

-Praise be to Allaah.
This hadeeth was narrated by Imam Ahmad, Abu Dawood, al-Nasaa’i, al-Bayhaqi and others from ‘Aa’ishah (may Allaah be pleased with her), who said that the Prophet (peace and blessings of Allaah be upon him) said: “Forgive the people of good character for their mistakes, except in cases of hadd punishments.”
It has other isnaads which are not free of faults, but when taken together render the hadeeth hasan.
What is meant by the hadeeth is that it is recommended not to take people of good character to task if they slip up or make mistakes which are out of character, except in cases where a hadd punishment is required and news of the sin reaches the ruler, in which case the hadd punishment must be carried out.
What is meant by “people of good character” is ordinary people who possess an honourable attitude and other praiseworthy characteristics, those who are always obedient and are known for their good character, but who may slip sometimes and commit sins. This meaning was narrated by Ibn al-Qayyim (may Allaah have mercy on him) who said: The Prophet (peace and blessings of Allaah be upon him) did not call the pious who worship a great deal “people of good character” and this phrase is not used in the words of Allaah or His Messenger to describe the obedient and pious. It seems that it refers to those who are respected among the people for their status and high position. Allaah has singled them out for a kind of honour above others of their kind, meaning that if a person is modest and of good character, but then he slips up and the Shaytaan overpowers him briefly (and makes him do something out of character), we should not hasten to rebuke him and punish him, rather his mistake should be forgiven, provided that it does not involve transgressing one of the sacred limits of Allaah (for which a hadd punishment is required), because the hadd punishment must be carried out regardless of whether the one who deserves it is regarded as honourable or ignoble. The Prophet (peace and blessings of Allaah be upon him) said: “Those who came before you were destroyed because if a nobleman among them stole they would let him off, but if a weak and insignificant person stole they would carry out the punishment on him. By Allaah, if Faatimah the daughter of Muhammad were to steal, I would cut off her hand.” Saheeh – agreed upon. This highlights one of the wonderful aspects of this perfect sharee’ah.
End quote.
From the above it may be understood that the meaning of this hadeeth does not contradict the principle of equality and justice in Islam, rather it encourages overlooking sins and mistakes that are not subject to hadd punishments if they are committed by people who do not ordinarily do such things, and if not imposing a ta’zeer punishment will not lead to further trouble.
Fataawa al-Lajnah al-‘Daa’imah, 22/18-22. -

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Mutual Rights-Good Companionship - ..

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The mutual rights that Allaah The Almighty has enjoined on both the spouses represent His utmost justice. There are two major rights. There are two main rights: the right to good companionship, and the right to overnight stay and equal distribution. In this series we will address the first of these rights.
First: The right to good companionship
Muslims will never find happiness or tranquility in their homes unless they live together in a kind manner. Allaah The Almighty enjoined the right of good companionship because it helps maintain the affairs of the spouses and brings them happiness. Moreover, it was set to serve as a real test for the spouses. Allaah The Almighty Says )what means(:}And live with them in kindness.{]Quran 4:19[ This is a command from Allaah The Almighty, which implies a sense of obligation. Scholars said that living in kindness is an obligatory right whose violator bears a sin while the one who fulfils it deserves reward. Allaah The Almighty Says )what means(:}Either retain them in kindness or part with them kindness.{]Quran 65:2[
Good companionship requires essential matters that appear in a person’s heart, which is only known to Allaah The Almighty, in his speech and words and in his behavior and actions.
Intention:
Good companionship has three aspects, the first and foremost of which is the intention and what is hidden in the hearts of the spouses. The husband cannot live in kindness with his wife, nor can she live in kindness with him unless each has a good intention towards the other. This is what Allaah The Almighty means by his Saying )what means(:}And do not keep them, intending harm, to transgress ]against them[.{]Quran 2:231[ If the husband wants to keep his wife, he should have a good intention towards her. Therefore, scholars have said that Allaah The Almighty reveals whatever man conceals in his heart, good or bad, in the slips of his tongue. For the man who intends good when marrying a woman or bringing her into wedlock with the intention to treat her kindly and live with her in kindness, Allaah will guide him and grant him success in his life. Allaah The Almighty Says )what means(:}If Allaah Knows ]any[ good in your hearts, He Will Give you ]something[ better.{]Quran 8:70[
When Allaah The Almighty finds good intentions in the hearts of the spouses, He will grant them success in their apparent behavior and actions and bring about goodness through them.
Thus, the first advice given to the person who wants to live in kindness is to have good intention. Some scholars said that the husband has to renew his intention every day so that Allaah The Almighty would increase his reward, particularly when his wife is righteous or has an extra right over him, such as being his relative. He should have in his heart a good intention towards her, and in this case, Allaah The Almighty would reveal this intention through his sayings and actions. Similarly, the woman should have in her heart good intention towards her husband. Once this intention changes, Allaah The Almighty will change the conditions of the spouses. Allaah The Almighty Says )what means(:}Indeed, Allaah will not change the condition of a people until they change what is in themselves.{]Quran 13:11[
When the spouses change their good intentions, Allaah The Almighty will consequently change their conditions from good to evil, and from better to worse. Thus, every husband should consider his intention and look into his heart when he suffers troubles with his wife. In principle, good companionship emanates from good and righteous intention, and from a heart that harbors goodness. The effects of these things are reflected on a person’s actions. The Prophet, sallallaahu ‘alayhi wa sallam, said:“Indeed, there is a piece of flesh in the body which, if it is sound, the whole body is sound, and if it is corrupt, the whole body is corrupt. Indeed, that is the heart.”
Speech:
The second point related to good companionship in one's speech is that just as man should have good intention in his heart in order to live in kindness, his speech should also be in accordance with the Pleasure of Allaah The Almighty. Some scholars said regarding}And live with them in kindness{that kindness is everything that is in accordance with the Sharee‘ah of Allaah The Almighty, and that evil is everything that contradicts the Sharee‘ah of Allaah The Almighty. Thus, the husband, who wants to live on good terms with his wife, should fear Allaah The Almighty regarding what he say, and likewise for wife. The principle that the Book of Allaah and Sunnah of the Prophet, sallallaahu ‘alayhi wa sallam, have affirmed is that every believing man and woman should preserve his/her tongue and utter good words. The Prophet, sallallaahu ‘alayhi wa sallam, said:“Whoever believes in Allaah and the Last Day, let him say something good or keep silent.”
The signs of belief in Allaah The Almighty include controlling one's tongue from saying anything but good to people in general and the family in particular. Allaah The Almighty enjoined the believers in the past, addressing us as well, Saying )what means(:}And speak to people good ]words[.{]Quran 2:83[ Allaah The Almighty ordered us to say good words that please Him, because good words benefit the person who says them both in this world and in the Hereafter. On the other hand, bad words harm the speaker in this life and in the Hereafter. When words emerge from the tongue, they never return, and when hurtful and harsh words are uttered, they break hearts, ruin them and alter affection and love to an extent that only Allaah Knows. Allaah The Almighty therefore enjoined preserving the tongue in the Quran and through the words of His Messenger, sallallaahu ‘alayhi wa sallam.
Scholars listed the situations in which living in kindness through speech occurs between the spouses:
1- When the spouses call one another.
2- When they request something from one another.
3- During discussion, conversation and jesting.
4- In disputes and arguments.
1- When the woman calls her husband or when he calls her, it should be done in a nice manner. The Prophet, sallallaahu ‘alayhi wa sallam, would call 'Aa‘ishah, may Allaah be pleased with her, saying: “O 'Aa‘ish, O 'Aa‘ish.” Scholars said that this manner of calling his wife showed how the Prophet, sallallaahu ‘alayhi wa sallam, honored, jested and fulfilled his role as a good husband to his wives. This is a method for Muslim husbands - to use words of love and kindness when calling their wives. Harsh and coarse addressing, which involves a coercive and forceful style on the part of the husband or mockery and sarcasm on the part of the wife, ruins love and severs ties of intimacy between the spouses. Thus, the wife should call her husband by the best names and so should her husband.
‘Umar, may Allaah be pleased with him, said that affection and love increases when a Muslim calls his Muslim brother with the best of his names. This is one of the three factors that strengthen intimacy among Muslims, so what would be its effect on the spouses? It is a mistake when the husband chooses for his wife a name that embarrasses her or exposes her to ridicule or belittlement. The same thing applies to the wife with her husband. Some scholars would say that it is preferable that the spouses do not call one other by their names; it is most honorable that they call each other by their nicknames )i.e. father of so and so or mother of so and so(. This is the best manner to adopt. Scholars have also said that when a husband is used to calling his wife affectionately, she does the same or even better since women were created inclined to affection and love for gentleness, mercy and intimacy. So, when the husband treats his wife on that basis, she would react with him in a better way.
2- When the man requests something from his wife, he should ask her in a manner that does not give her the feeling of servitude, humiliation, contempt or belittlement. Similarly, when the woman requests something from her husband, she should not overburden, hurt or harm him, nor should she use troublesome words. This behavior helps to preserve one's tongue and fulfill living equitably through speech. The Prophet, sallallaahu ‘alayhi wa sallam, once asked ‘Aa‘ishah, may Allaah be pleased with her, while he, sallallaahu ‘alayhi wa sallam, was in the mosque )Masjid(:“Give me the straw mat.”She, may Allaah be pleased with her, said, “I am menstruating.” The Prophet, sallallaahu ‘alayhi wa sallam, said:“Your menstruation is not in your hands.”]Muslim[.
Just look at how the Prophet, sallallaahu ‘alayhi wa sallam, asked a Mother of the Believers for something, and when she declined, she mentioned her Sharee‘ah-based excuse. She, may Allaah be pleased with her, did not say no or that she could not without a justification; rather, she, may Allaah be pleased with her, said that she was in her menstruation, awaiting instructions on what to do. The Prophet, sallallaahu ‘alayhi wa sallam, replied:“Your menstruation is not in your hands,”meaning that she could simply hand it over since entering a hand into the mosque is not like entering the whole body.
The lesson we learn here is kindness in calling or requesting something. Marital problems may arise due to frequent requests. Scholars mentioned that when a man burdens his wife with many demands and his manner of demanding is bothersome, this would be one of the major reasons that ruin affection and love. A woman in this case feels as if she is a humiliated servant in her husband's house.
Wise men, with the Prophet, sallallaahu ‘alayhi wa sallam, before them, advised giving reward upon request, at least with kind words. For example, when the husband asks his wife to do something, and she does it, he should say kind words to her, such as supplicating to Allaah The Almighty to grant her goodness and bless her. Once the wife realizes that her favor and goodness are appreciated, thanked and not denied, she will appreciate this from her husband and will actively do good to him and fulfill his needs. This will greatly help them live equitably together.
3- In conversations and jesting. The spouses should not talk to one another at inappropriate times. Some scholars said that it is harmful that a woman talks to her husband when he is tired and exhausted or that a man talks to his wife when she is tired and exhausted. This entails boredom and contradicts living in the kindness that Allaah The Almighty enjoined. They added that when a man jests with his wife, he should use the best words, and when he relates something to her, he should select the best event that positively and fruitfully affects her.
)To be continued(






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