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Sunday, April 6, 2014

Dought&clear, - Should he give the policeman a bribe so that he won’t charge him a fine for speaking on the cell phone in the car?



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In our country if you speak on a cell phone whilst driving, the traffic policeman will charge you a fine of 500 dinars. If you give him a bribe he will let you off, if you have money with you, and if you do not have money with you, he will put you in jail. What should I do?.
Praise be to Allaah.
Islam came to protect the five basic essentials: religion, reason, life, wealth and honour. There is no doubt that adhering to traffic laws plays a role in protecting people’s lives and wealth. Hence Islam requires the Muslims to adhere to these rules and regulations, especially when there is nothing in them that goes against sharee’ah; rather they are aimed at preserving people’s lives and property.
Going against these rules and regulations does not only bring harm to the driver himself, rather that affects other people too. The accidents that happen on the road as the result of going against these rules and regulations usually affect other parties too, which makes the transgressor more responsible and he will be burdened with numerous rulings such as diyah (blood money), fasting, paying compensation for damage done, and so on.
Punishing transgressors by making them pay fines is permissible according to sharee’ah. This is the view of Ishaaq ibn Raahayawh, Abu Yoosuf the companion of Abu Haneefah, Ibn Farhoon (who was a Maaliki), Shaykh al-Islam Ibn Taymiyah and Ibn al-Qayyim. In his bookal-Turuq al-HukmiyyahIbn al-Qayyim quoted a great deal of evidence that it is permissible to impose fines, and he quoted the words of Ibn Taymiyah concerning the matter, and refuted those who said it is abrogated.
InHaashiyat ‘ala Tahdheeb Sunan Abi Dawood(4/319) it says:
With regard to the permissibility of imposing financial penalties, there are a number of ahaadeeth from the Prophet (peace and blessings of Allaah be upon him), and there is no proof that they have been abrogated, and the khulafa’ (caliphs) after him acted upon them. End quote.
The penalty should be reasonable, so that the intended purpose will be served, which is to deter people from breaking these rules. There is nothing wrong with making the fines high, based on the nature of the infraction and the effect it has on the person and on others.
This issue has also been discussed in the answer to question no. 21900.
There is no doubt that using the cell phone whilst driving can cause accidents which may lead to deaths, let alone loss of property.
Wise people in all parts of the world have pointed out the necessity of imposing stern punishments in order to prevent people from using cell phones whilst driving. Field research has been conducted in Britain which demonstrates that the negative effects of using cell phones supercede the effects of drinking on a person’s driving ability!
This research proves that a driver who uses a cell phone whilst driving is 30% less in control of his vehicle than one who drives when drunk. In comparison to a normal person, the one who uses a cell phone when driving is 50% less in control of his vehicle.
Some experts say that using cell phones when driving, even when using headphones, increases the possibility of getting into an accident by 400%.
For more details please see the Qatarial-Watannewspaper, Wednesday 10/7/2005.
Conclusion: using a cell phone whilst driving is a major cause of accidents, so the punishment for this infraction, whether it is a fine or imprisonment, is justifiable. Based on this, it is not permissible for you to give a bribe to the policeman in order to avoid this penalty, because you are the one who is in the wrong. But if the policeman is wronging you by charging you with something that you have not done, then there is no sin in this case, if you cannot rid yourself of his wrongdoing except by paying a bribe to him or to someone else.
And Allaah knows best.





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Dought&clear, - Why death is the punishment for Apostasy



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This question has bees asked several time from non-Muslims and I want to find an answer: Why When the Muslim convert to another religion(Murtad) he/she should be killed?
Praise be to Allaah.
Your question may be answered by the following points:
(1) This is the ruling of Allaah and His Messenger, as the Prophet (peace and blessings of Allaah be upon him) said: "Whoever changes his religion, kill him." (reported by al-Bukhaari, al-Fath, no. 3017).
(2) The one who has known the religion which Allaah revealed, entered it and practised it, then rejected it, despised it and left it, is a person who does not deserve to live on the earth of Allaah and eat from the provision of Allaah.
(3) By leaving Islaam, the apostate opens the way for everyone who wants to leave the faith, thus spreading apostasy and encouraging it.
(4) The apostate is not to be killed without warning. Even though his crime is so great, he is given a last chance, a respite of three days in which to repent. If he repents, he will be left alone; if he does not repent, then he will be killed.
(5) If the punishment for murder and espionage (also known as high treason) is death, then what should be the punishment for the one who disbelieves in the Lord of mankind and despises and rejects His religion? Is espionage or shedding blood worse than leaving the religion of the Lord of mankind and rejecting it?
(6) None of those who bleat about personal freedom and freedom of belief would put up with a neighbour’s child hitting their child or justify this as "personal freedom," so how can they justify leaving the true religion and rejecting the sharee’ah which Allaah revealed to teach mankind about His unity and bring justice and fairness to all?
We ask Allaah for safety and health. May Allaah bless our Prophet Muhammad .







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Dought&clear, - Why should a person who disbelieves after becomingMuslim be executed?



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The punishment for the apostate is execution. Why such harshness?.
Praise be to Allaah.
The punishment for apostasy from the religion of Islam is execution. Allaah says (interpretation of the meaning):
“And whosoever of you turns back from his religion and dies as a disbeliever, then his deeds will be lost in this life and in the Hereafter, and they will be the dwellers of the Fire. They will abide therein forever”
[al-Baqarah 2:217]
And it was proven that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever changes his religion, execute him.” Narrated by al-Bukhaari in hisSaheeh. What this hadeeth means is that whoever leaves Islam and changes to another religion and persists in that and does not repent, is to be executed. It was also proven that the Prophet (peace and blessings of Allaah be upon him) said: “It is not permissible to shed the blood of a person 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, a previously-married person who commits adultery, and one who leaves Islam and forsakes the jamaa’ah.” Narrated by al-Bukhaari and Muslim.
This harsh punishment is for a number of reasons:
1 – This punishment is a deterrent to anyone who wants to enter Islam just to follow the crowd or for hypocritical purposes. This will motivate him to examine the matter thoroughly and not to proceed unless he understands the consequences of that in this world and in the Hereafter. The one who announces his Islam has agreed to adhere to all the rulings of Islam of his own free will and consent, one of which rulings is that he is to be executed if he apostatizes from the faith.
2 – The one who announces his Islam has joined the jamaa’ah (main body) of the Muslims, and whoever joins the main body of the Muslims is required to be completely loyal and to support it and protect it against anything that may lead to fitnah or destroy it or cause division. Apostasy from Islam means forsaking the jamaa’ah and its divine order, and has a harmful effect on it. Execution is the greatest deterrent that will prevent people from committing such a crime.
3 – Those Muslims who are weak in faith and others who are against Islam may think that the apostate has only left Islam because of what he has found out about its real nature, because if it were the truth then he would never have turned away from it. So they learn from him all the doubts, lies and fabrications which are aimed at extinguishing the light of Islam and putting people off from it. In this case executing the apostate is obligatory, in order to protect the true religion from the defamation of the liars and to protect the faith of its adherents and remove obstacles from the path of those who are entering the faith.
4 – We also say that the death penalty exists in the modern laws of man to protect the system from disorder in some situation and to protect society against certain crimes which may cause its disintegration, such as drugs etc. If execution can serve as a deterrent to protect man-made systems, then it is more appropriate that the true religion of Allaah, which Falsehood cannot come to it from before it or behind it [cf. Fussilat 41:42], and which is all goodness, happiness and tranquility in this world and in the Hereafter should punish those who commit acts of aggression against it and seek to extinguish its light and defame its image, and who fabricate lies against it to justify their apostasy and deviation.
Fataawa al-Lajnah al-Daa’imah, 21/234-231.






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