Dought & clear, - The ruling on one who steals robs or rapes at knife-point or gun-point.

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What is the ruling on gangs or individuals who steal from people, or 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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Dought & clear, - Punishment of one who carries alcohol and delivers it to someone else.

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I am a man working in a foreign country. Alhamdulillah I have a good job. Someone came yesterday to visit the company and brought gifts for me and my manager and to a person working with me. The gifts were bottles of wine, may Allah protect us from it. I refused totally to accept such gifts, but he asked me to take them and just give them to my manager and the other person, knowing that none of them was there in the company that time. This guest could not go himself to give it to them. So I took them upstairs, and by Allah I was really scared. Please tell me the Islamic ruling on this; does the Hadeeth of (May Allah curse who drinks wine and who carries it, etc.) apply to me? By Allah I am very regretful.
Praise be to Allaah.
It is haraam to drink alcohol or to sell it, carry it or help with it in any way whatsoever, because Allaah says (interpretation of the meaning):
“O you who believe! Intoxicants (all kinds of alcoholic drinks), and gambling, and Al‑Ansaab (stone altars for sacrifices to idols etc), and Al‑Azlaam (arrows for seeking luck or decision) are an abomination of Shaytaan’s (Satan’s) handiwork. So avoid (strictly all) that (abomination) in order that you may be successful”
[al-Maa’idah 5:90]
Abu Dawood (3674) and Ibn Maajah (3380) narrated that Ibn ‘Umar said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Allaah has cursed alcohol, the one who drinks it, the one who pours it, the one who sells it, the one who buys it, the one who squeezes (the grapes etc), the one for whom it is squeezed, the one who carries it and the one to whom it is carried.” Classed as saheeh by al-Albaani inSaheeh Abi Dawood.
Al-Tirmidhi (1295) narrated that Anas ibn Maalik said: The Messenger of Allaah (peace and blessings of Allaah be upon him) cursed ten with regard to alcohol: the one who squeezes (the grapes etc), the one for whom it is squeezed, the one who drinks it, the one who carries it, the one to whom it is carried, the one who pours it, the one who sells it and consumes its price, the one who buys it and the one for whom it is bought.”
You did well not to accept this evil gift. This is what the Messenger of Allaah (peace and blessings of Allaah be upon him) did, as is narrated inSaheeh Muslim(1579): A man gave the Messenger of Allaah (S) a small skin full of wine, and the Messenger of Allaah (peace and blessings of Allaah be upon him) said to him: “Do you know that Allaah, may He be exalted, has forbidden it?” He said, No, then he whispered to another man. The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “What are you whispering about?” He said: I told him to sell it. He said: “The One Who has forbidden drinking it has also forbidden selling it.”
But you made a mistake when you carried it and accepted it for someone else. What you should have done is refuse to do that, and explain to the giver that alcohol is haraam and it is haraam to help with it, and you should not fear the blame of any blamers for the sake of Allaah.
What you must do now is repent to Allaah and resolve not to do this again.
You have to advise your boss and those who are with you not to drink alcohol, and to beware of it bad consequences, for it is the mother of all evils.
It was narrated from Jaabir (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Allaah has made a covenant to those who drink alcohol, that He will make them drinkteenat al-khabaal.” They said, “O Messenger of Allaah, what isteenat al-khabaal?” He said, “The sweat of the people of Hell,” or, “The juice of the people of Hell.” Narrated by Muslim, (3732).
May Allaah help us all to do that which He loves and which pleases Him.
And Allaah knows best.






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Dought & clear, - Ruling on taking drugs, and do they come under the same heading as khamr (intoxicants)?.

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In recent times the phenomenon of drug-taking has increased, especially hashish, because the people think that it is not khamr that befogs the mind.
My question is – is it really khamr (an intoxicant)? If a person drinks khamr, will his prayer not be accepted for forty days? In that case, how valid is the fasting of one who smokes hashish during Ramadaan?.
Praise be to Allaah.
There is no doubt that taking drugs is haraam, including hashish, opium, cocaine, morphine, and so on. That is for many reasons, including the following:
1 – It dulls the senses and befogs the mind, and whatever does that is haraam, because the Prophet (peace and blessings of Allaah be upon him) said: “Every intoxicant is khamr, and every intoxicant is haraam. Whoever drinks khamr in this world and dies persisting in that and without having repented, will not drink it in the Hereafter.” Narrated by Muslim, 2003.
Al-Bukhaari (4087) and Muslim (1733) narrated that Abu Moosa said: The Prophet (peace and blessings of Allaah be upon him) sent Mu’aadh ibn Jabal and me to Yemen, and I said: O Messenger of Allaah, there is a drink that is made in our land and is called al-mizr, which is made from barley, and another drink called al-bit’, which is made from honey. He said: “Every intoxicant is haraam.”
Al-Bukhaari (4343) and Muslim (3032) narrated that Ibn ‘Umar (may Allaah be pleased with him) said: I heard ‘Umar (may Allaah be pleased with him) say from the minbar of the Messenger of Allaah (peace and blessings of Allaah be upon him): “O people, the prohibition of khamr was revealed when khamr was made from five things: grapes, dates, honey, wheat and barley. Khamr is whatever befogs the mind.”
There is no doubt that drugs also befog the mind and take away reason.
Al-Haafiz ibn Hajar said: The general meaning of the words, “Every intoxicant is haraam,” is taken as evidence that whatever causes intoxication is haraam, even if it is not a drink. So that includes hashish and other things. Al-Nawawi and others were certain that it is an intoxicant, and others were certain that dulls the senses, and it is arrogant to say otherwise, because its visible effects are the same as those of khamr, such as euphoria and addiction.
Even if we assume that it is not an intoxicant, it is proven in Abu Dawood that all intoxicants and relaxants are haraam. And Allaah knows best. End quote fromFath al-Baari, 10/45.
Al-Khattaabi said: Relaxants are those drinks that cause relaxation in the muscles and numbness in the extremities, which is the precursor to intoxication. It is forbidden to drink them lest they be a means that leads to intoxication.
Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said: Everything that takes away one's senses is haraam, even if it does not result in drunkenness or intoxication. If it takes away the senses it is haraam according to the consensus of the Muslims. With regard to using banj (lit. henbane) which does not cause intoxication or take away reason, this is subject to a ta’zeer punishment.
The scholars who studied the issue realized that hashish is an intoxicant, and that it is only consumed by evildoers, because of the pleasure and euphoria it brings. So it is like intoxicating drinks. Khamr makes a person lively and argumentative, whereas hashish makes him relaxed and lethargic, but it still befogs the mind and opens the door to physical desires and heedlessness with regard to one's honour, which makes it worse than intoxicating drinks. This is something that was introduced by the Tatars.
The one who consumes a little or a lot of it is to be subjected to the punishment for drinking: eighty or forty lashes, if he is a Muslim who believes that intoxicants are haraam. End quote fromal-Fataawa al-Kubra, 3/423
It says inal-Siyaasah al-Islamiyyah(p. 92): Hashish which is made from grape leaves is also haraam and the one who does that should be whipped as the drinker of khamr is whipped. It is worse than khamr in a way, because it corrupts the mind and mood, and robs a man of his masculinity and makes him heedless about his honour, and other evil consequences. But khamr is worse in another way, because it leads to arguments and fights. Both of them keep a person from remembering Allaah and praying. Some of the later fuqaha’ did not issue rulings on the punishment for it, and they thought that the one who consumes it should be given a ta’zeer punishment that is less severe than the hadd punishment, because they thought they thought that it alters the mind without causing euphoria, like banj (henbane). We have not found any comment on it among the earlier scholars, but that is not correct, rather those who consume it become addicted to it like those who drink khamr, if not more so, and it keeps them from remembering Allaah and praying if they consume a great deal of it. It also causes other evil results such as heedlessness about one's honour and loss of masculinity, corruption of one's mind and mood, and so on. Because it is something solid and edible, and it is not a drink, the scholars disagreed as to whether it is naajis (impure) and there are three opinions in the madhhab of Ahmad and elsewhere. It was said that it is naajis like khamr that is drunk – this is the correct view; and it was said that it is not naajis because of its solid state, and it was said that a differentiation should be made between its solid and liquid forms.
Whatever the case, it comes under the heading of that which Allaah has forbidden of khamr and intoxicants, whether by name or by nature. Abu Moosa al-Ash’ari (may Allaah be pleased with him) said: O Messenger of Allaah, advise us with regard to two drinks that we used to make in Yemen: al-bit’ which is made of honey that is soaked until it becomes strong, and al-mizr which is made of wheat and barley until it becomes strong. The Messenger of Allaah (peace and blessings of Allaah be upon him) had been given the gift of comprehensive and concise speech and he said: “Every intoxicant is haraam.” Agreed upon inal-Saheehayn. End quote.
He also said: How about the person who persists in consuming hashish, especially if he believes that it is permissible, as some people do? Such a person should be asked to repent; if he repents, all well and good, otherwise he should be executed, because intoxicants are haraam according to scholarly consensus, and regarding them as permitted is undoubtedly kufr. End quote.Al-Fataawa al-Kubra, 2/309.
2 – They cause a great deal of harm, which may be greater than the harm caused by drinking alcohol. The Prophet (peace and blessings of Allaah be upon him) said: “There should be neither harming nor reciprocating harm.” Narrated by Ahmad and Ibn Maajah (2341); classed as saheeh by al-Albaani inSaheeh Ibn Maajah.
They cause harm to the person himself, to his family and children, and to his society and nation.
With regard to the personal harm caused, they cause serious harm to both the body and the mind, because intoxicants and drugs destroy the health, nerves, mind, reasoning, the digestive system, and other negative effects which impact the entire body, and it damages his dignity and honour, as his personality becomes fragile, and he becomes a laughing-stock and suffers from numerous diseases.
With regard to the harm that is caused to the family, this is the mistreatment of his wife and children, so the house is turned into an unbearable hell because of tension, anger, arguments, insults, repeated utterance of divorce (talaaq), breaking of things, neglect of the wife, and not spending properly on the home. Intoxicants and drugs may even lead to the birth of children who are deformed or mentally handicapped.
The harm that is caused to society is evident in the huge destruction of wealth with no positive return, which affects the man’s interests and leads to the failure to fulfil duties and loss of public trusts, whether that has to do with the interests of the state, institutions or individuals. This is in addition to the damage caused by criminal acts against people, property and honour. The harm caused by drugs is worse than that caused by intoxicants, because drugs destroy moral values. End quote fromal-Fiqh al-Islami wa Adillatuhaby Dr. Wahbah al-Suhayli, 7/5511.
To conclude, no wise person would doubt that drugs are haraam, because of the textual evidence that points to their prohibition, and because of the extensive harm that they cause.
With regard to the punishment for one who takes drugs, it is the same as the hadd punishment for drinking alcohol, as stated above by Shaykh al-Islam ibn Taymiyah with regard to hashish. Drugs come under the heading of khamr and intoxicants that have been forbidden by Allaah and His Messenger.
The scholars and daa’iyahs have to explain to the people that these drugs are haraam and point out the great harm that is caused by them.
With regard to your question about the prayer of one who drinks khamr not being accepted for forty days, and the ruling on his fasting.
And Allaah knows best.






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