Faiz wrote:
The only option for these cases by way of justice is execution, chopping of hands and feet from opposite sides (if that is the meaning--there are other interpretations also), crucifixion, and exile (5:33).
If one believes in 'probably true" ahadith--like I do--then the Prophet is reported to have said " idha qataltum, faahsanoo al-qitlah" (killing--if you have to do it, do it in the most ‘ahsan’ (best, merciful) way. Burning a human to death is not an option.
Irfan
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Dear Sir,
For your kind perusal,
Punishment for Hirabah [hiraba is described as: a single person or group of people causing public disruption, killing, forcibly taking property or money, attacking or raping women ("hatk al arad"), killing cattle, or disrupting agriculture]
"QUOTE"
إِنَّمَا جَزَاء الَّذِينَ يُحَارِبُونَ اللّهَ وَرَسُولَهُ وَيَسْعَوْنَ فِي الأَرْضِ فَسَادًا أَن يُقَتَّلُواْ أَوْ يُصَلَّبُواْ أَوْ تُقَطَّعَ أَيْدِيهِمْ وَأَرْجُلُهُم مِّنْ خِلافٍ أَوْ يُنفَوْاْ مِنَ الأَرْضِ ذَلِكَ لَهُمْ خِزْيٌ فِي الدُّنْيَا وَلَهُمْ فِي الآخِرَةِ عَذَابٌ عَظِيمٌ
The only reward of those who make war upon Allah and His messenger and strive after corruption in the land will be that they will be killed or crucified, or have their hands and feet on alternate sides cut off, or will be expelled out of the land. Such will be their degradation in the world, and in the Hereafter theirs will be an awful doom; [AL-MAEDA (THE TABLE, THE TABLE SPREAD) Chapter 5 - Verse 33]
The Punishment of those Who Cause Mischief in the Land
إِنَّمَا جَزَآءُ الَّذِينَ يُحَارِبُونَ اللَّهَ وَرَسُولَهُ وَيَسْعَوْنَ فِى الاٌّرْضِ فَسَاداً أَن يُقَتَّلُواْ أَوْ يُصَلَّبُواْ أَوْ تُقَطَّعَ أَيْدِيهِمْ وَأَرْجُلُهُم مِّنْ خِلَـفٍ أَوْ يُنفَوْاْ مِنَ الاٌّرْضِ
(The recompense of those who wage war against Allah 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 on the opposite sides, or be exiled from the land.) `Wage war' mentioned here means, oppose and contradict, and it includes disbelief, blocking roads and spreading fear in the fairways. Mischief in the land refers to various types of evil. Ibn Jarir recorded that `Ikrimah and Al-Hasan Al-Basri said that the Ayat,
إِنَّمَا جَزَآءُ الَّذِينَ يُحَارِبُونَ اللَّهَ وَرَسُولَهُ
(The recompense of those who wage war against Allah and His Messenger) until,
إِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ
(Allah is Of-Forgiving, Most Merciful,) "Were revealed about the idolators. Therefore, the Ayah decrees that, whoever among them repents before you apprehend them, then you have no right to punish them. This Ayah does not save a Muslim from punishment if he kills, causes mischief in the land or wages war against Allah and His Messenger and then joins rank with the disbelievers, before the Muslims are able to catch him. He will still be liable for punishment for the crimes he committed.'' Abu Dawud and An-Nasa'i recorded that `Ikrimah said that Ibn `Abbas said that the Ayah,
إِنَّمَا جَزَآءُ الَّذِينَ يُحَارِبُونَ اللَّهَ وَرَسُولَهُ وَيَسْعَوْنَ فِى الاٌّرْضِ فَسَاداً
(The recompense of those who wage war against Allah and His Messenger and do mischief in the land...) "Was revealed concerning the idolators, those among them who repent before being apprehended, they will still be liable for punishment for the crimes they committed.'' The correct opinion is that this Ayah is general in meaning and includes the idolators and all others who commit the types of crimes the Ayah mentioned. Al-Bukhari and Muslim recorded that Abu Qilabah `Abdullah bin Zayd Al-Jarmi, said that Anas bin Malik said, "Eight people of the `Ukl tribe came to the Messenger of Allah and gave him their pledge to follow Islam. Al-Madinah's climate did not suit them and they became sick and complained to Allah's Messenger . So he said,
«أَلَا تَخْرُجُونَ مَعَ رَاعِينَا فِي إِبِلِهِ، فَتُصِيبُوا مِنْ أَبْوَالِهَا وَأَلْبَانِهَا»
(Go with our shephard to be treated by the milk and urine of his camels.) So they went as directed, and after they drank from the camels' milk and urine, they became healthy, and they killed the shepherd and drove away all the camels. The news reached the Prophet and he sent (men) in their pursuit and they were captured. He then ordered that their hands and feet be cut off (and it was done), and their eyes were branded with heated pieces of iron. Next, they were put in the sun until they died.'' This is the wording of Muslim. In another narration for this Hadith, it was mentioned that these people were from the tribes of `Ukl or `Uraynah. Another narration reported that these people were put in the Harrah area (of Al-Madinah), and when they asked for water, no water was given to them. Allah said,
أَن يُقَتَّلُواْ أَوْ يُصَلَّبُواْ أَوْ تُقَطَّعَ أَيْدِيهِمْ وَأَرْجُلُهُم مِّنْ خِلَـفٍ أَوْ يُنفَوْاْ مِنَ الاٌّرْضِ
(they shall be killed or crucified or their hands and their feet be cut off on the opposite sides, or be exiled from the land.) `Ali bin Abi Talhah said that Ibn `Abbas said about this Ayah, `He who takes up arms in Muslim land and spreads fear in the fairways and is captured, the Muslim Leader has the choice to either have him killed, crucified or cut off his hands and feet.'' Similar was said by Sa`id bin Al-Musayyib, Mujahid, `Ata', Al-Hasan Al-Basri, Ibrahim An-Nakha`i and Ad-Dahhak, as Abu Ja`far Ibn Jarir recorded. This view is supported by the fact that the word Aw (or), indicates a choice. As Allah said,
فَجَزَآءٌ مِّثْلُ مَا قَتَلَ مِنَ النَّعَمِ يَحْكُمُ بِهِ ذَوَا عَدْلٍ مِّنْكُمْ هَدْياً بَـلِغَ الْكَعْبَةِ أَوْ كَفَّارَةٌ طَعَامُ مَسَـكِينَ أَو عَدْلُ ذلِكَ صِيَاماً
(The penalty is an offering, brought to the Ka`bah, of an eatable animal equivalent to the one he killed, as adjudged by two just men among you; or, for expiation, he should feed the poor, or its equivalent in fasting.)﴿5:95﴾ Allah said,
فَمَن كَانَ مِنكُم مَّرِيضًا أَوْ بِهِ أَذًى مِّن رَّأْسِهِ فَفِدْيَةٌ مِّن صِيَامٍ أَوْ صَدَقَةٍ أَوْ نُسُكٍ
(And whosoever of you is ill or has an ailment in his scalp (necessitating shaving), he must pay a ransom of either fasting or giving charity or offering a sacrifice.) and,
فَكَفَّارَتُهُ إِطْعَامُ عَشَرَةِ مَسَـكِينَ مِنْ أَوْسَطِ مَا تُطْعِمُونَ أَهْلِيكُمْ أَوْ كِسْوَتُهُمْ أَوْ تَحْرِيرُ رَقَبَةٍ
(...for its expiation feed ten of the poor, on a scale of the average of that with which you feed your own families, or clothe them, or free a slave.) All of these Ayat offer a choice, just as the Ayah above. As for Allah's statement,
أَوْ يُنفَوْاْ مِنَ الاٌّرْضِ
(or be exiled from the land.) some said that it means, he is actively pursued until he is captured, and thus receives his prescribed punishment, or otherwise he escapes from the land of Islam, as Ibn Jarir recorded from Ibn `Abbas, Anas bin Malik, Sa`id bin Jubayr, Ad-Dahhak, Ar-Rabi` bin Anas, Az-Zuhri, Al-Layth bin Sa`d and Malik bin Anas. Some said that the Ayah means these people are expelled to another land, or to another state by the Muslims authorities. Sa`id bin Jubayr, Abu Ash-Sha`tha', Al-Hasan, Az-Zuhri, Ad-Dahhak and Muqatil bin Hayyan said that he is expelled, but not outside of the land of Islam, while others said that he is to be imprisoned. Allah's statement,
ذَلِكَ لَهُمْ خِزْىٌ فِى الدُّنْيَا وَلَهُمْ فِى الاٌّخِرَةِ عَذَابٌ عَظِيمٌ
(That is their disgrace in this world, and a great torment is theirs in the Hereafter.) means, the punishment We prescribed, killing these aggressors, crucifying them, cutting off their hands and feet on opposite sides, or expelling them from the land is a disgrace for them among mankind in this life, along with the tremendous torment Allah has prepared for them in the Hereafter. This view supports the opinion that these Ayat were revealed about the idolators. As for Muslims, in his Sahih, Muslim recorded that `Ubadah bin As-Samit said, "The Messenger of Allah took the same pledge from us that he also took from women: That we do not associate anything with Allah in worship, we do not steal, commit adultery, or kill our children, and that we do not spread falsehood about each other. He said that he who keeps this pledge, then his reward will be with Allah. He who falls into shortcomings and was punished, then this will be his expiation. And those whose errors were covered by Allah, then their matter is for Allah: If He wills, He will punish them and If He wills, He will pardon them.'' `Ali narrated that the Messenger of Allah said,
«مَنْ أَذْنَبَ ذَنْبًا فِي الدُّنْيَا فَعُوقِبَ بِهِ، فَاللهُ أَعْدَلُ مِنْ أَنْ يُثَنِّيَ عُقُوبَتَهُ عَلى عَبْدِهِ، وَمَنْ أَذْنَبَ ذَنْبًا فِي الدُّنْيَا فَسَتَرهُ اللهُ عَلَيْهِ وَعَفَا عَنْهُ، فَاللهُ أَكْرَمُ مِنْ أَنْ يَعُودَ عَلَيْهِ فِي شَيْءٍ قَدْ عَفَا عَنْه»
(He who sins in this life and was punished for it, then Allah is far more just than to combine two punishments on His servant. He who commits an error in this life and Allah hides this error and pardons him, then Allah is far more generous than to punish the servant for something that He has already pardoned.) iRecorded by Ahmad, Ibn Majah and At-Tirmidhi who said, "Hasan Gharib.''Al-Hafiz Ad-Daraqutni was asked about this Hadith, and he said that it was related to the Prophet in some narrations, and it was related to the Companions in others, and that this narration from the Prophet is Sahih. Ibn Jarir commented on Allah's statement,
ذَلِكَ لَهُمْ خِزْىٌ فِى الدُّنْيَا
(That is their disgrace in this world,) "Meaning, shame, humiliation, punishment, contempt and torment in this life, before the Hereafter,
وَلَهُمْ فِى الاٌّخِرَةِ عَذَابٌ عَظِيمٌ
(and a great torment is theirs in the Hereafter.) if they do not repent from these errors until death overcomes them. In this case, they will be stricken by the punishment that We prescribed for them in this life and the torment that We prepared for them therein,
عَذَابٌ عظِيمٌ
(a great torment) in the Fire of Jahannam.''
إِلاَّ الَّذِينَ تَابُواْ مِن قَبْلِ أَن تَقْدِرُواْ عَلَيْهِمْ فَاعْلَمُواْ أَنَّ اللَّهَ غَفُورٌ رَّحِيمٌ
(Except for those who (having fled away and then) came back (as Muslims) with repentance before they fall into your power; in that case, know that Allah is Oft-Forgiving, Most Merciful.) This Ayah is clear in its indication that it applies to the idolators. As for the Muslims who commit this crime and repent before they are apprehended, the punishment of killing, crucifixion and cutting the limbs will be waved. The practice of the Companions in this regard is that all of the punishments prescribed in this case will be waved, as is apparent from the wording of the Ayah. Ibn Abi Hatim recorded that Ash-Sha`bi said, "Harithah bin Badr At-Tamimi was living in Al-Basrah, and he committed the crime of mischief in the land. So he talked to some men from Quraysh, such as Al-Hasan bin `Ali, Ibn `Abbas and `Abdullah bin Ja`far, and they talked to `Ali about him so that he would grant him safety, but `Ali refused. So Harithah went to Sa`id bin Qays Al-Hamadani who kept him in his house and went to `Ali, saying, `O Leader of the Faithful! What about those who wage war against Allah and His Messenger and cause mischief in the land' So he recited the Ayah until he reached,
إِلاَّ الَّذِينَ تَابُواْ مِن قَبْلِ أَن تَقْدِرُواْ عَلَيْهِمْ
(Except for those who (having fled away and them) came back cas Muslims) with repentance before they fall into your power. ) So `Ali wrote a document that granted safety, and Sa`id bin Qays said, `This is for Harithah bin Badr.''' Ibn Jarir recorded this Hadith. Ibn Jarir recorded that `Amir Ash-Sha`bi said, "A man from Murad came to Abu Musa, while he was the governor of Al-Kufah during the reign of `Uthman, and said to him after he offered the obligatory prayer, `O Abu Musa! I seek your help. I am so-and-so from Murad and I waged war against Allah and His Messenger and caused mischief in the land. I repented before you had any authority over me.' Abu Musa proclaimed, `This is so-and-so, who had waged war against Allah and His Messenger and caused mischief in the land, and he repented before we had authority over him. Therefore, anyone who meets him, should deal with him in a better way. If he is saying the truth, then this is the path of those who say the truth. If he is saying a lie, his sins will destroy him. So the man remained idle for as long as Allah willed, but he later rose against the leaders, and Allah punished him for his sins and he was killed.'' Ibn Jarir recorded that Musa bin Ishaq Al-Madani said that `Ali Al-Asadi waged war, blocked the roads, shed blood and plundered wealth. The leaders and the people alike, sought to capture him, but they could not do that until he came after he repented, after he heard a man reciting the Ayah,
يعِبَادِىَ الَّذِينَ أَسْرَفُواْ عَلَى أَنفُسِهِمْ لاَ تَقْنَطُواْ مِن رَّحْمَةِ اللَّهِ إِنَّ اللَّهَ يَغْفِرُ الذُّنُوبَ جَمِيعاً إِنَّهُ هُوَ الْغَفُورُ الرَّحِيمُ
(O My servants who have transgressed against themselves! Despair not of the mercy of Allah, verily, Allah forgives all sins. Truly, He is Oft-Forgiving, Most Merciful.) So he said to that man, "O servant of Allah! Recite it again.'' So he recited it again, and `Ali put down his sword and went to Al-Madinah in repentance, arriving during the night. He washed up and went to the Masjid of the Messenger of Allah and prayed the dawn prayer. He sat next to Abu Hurayrah amidst his companions. In the morning, the people recognized him and went after him. He said, "You have no way against me. I came in repentance before you had any authority over me.'' Abu Hurayrah said, "He has said the truth,'' and he held his hand and went to Marwan bin Al-Hakam, who was the governor of Al-Madinah during the reign of Mu`awiyah. Abu Hurayrah said, "This is `Ali and he came in repentance and you do not have a way against him, nor can you have him killed.'' So `Ali was absolved of punishment and remained on his repentance and went to the sea to perform Jihad in Allah's cause. The Muslims met the Romans in battle, and the Muslims brought the ship `Ali was in to one of the Roman ships, and `Ali crossed to that ship and the Romans escaped from him to the other side of the ship, and the ship capsized and they all drowned.''
[Courtesy Tafsir Ibn Kathir]
Reports of Bukhari:
Narrated Anas:
Some people from the tribe of 'Ukl came to the Prophet and embraced Islam. The climate of Medina did not suit them, so the Prophet ordered them to go to the (herd of milch) camels of charity and to drink, their milk and urine (as a medicine). They did so, and after they had recovered from their ailment (became healthy) they turned renegades (reverted from Islam) and killed the shepherd of the camels and took the camels away. The Prophet sent (some people) in their pursuit and so they were (caught and) brought, and the Prophets ordered that their hands and legs should be cut off and that their eyes should be branded with heated pieces of iron, and that their cut hands and legs should not be cauterized, till they die.
[Chapter of Punishment of Disbelievers at War with Allah and His Apostle - Bukhari]
Narrated Anas:
The Prophet cut off the hands and feet of the men belonging to the tribe of 'Uraina and did not cauterise (their bleeding limbs) till they died.
[Chapter of Punishment of Disbelievers at War with Allah and His Apostle - Bukhari]
Narrated Anas:
A group of people from 'Ukl (tribe) came to the Prophet and they were living with the people of As-Suffa, but they became ill as the climate of Medina did not suit them, so they said, "O Allah's Apostle! Provide us with milk." The Prophet said, I see no other way for you than to use the camels of Allah's Apostle." So they went and drank the milk and urine of the camels, (as medicine) and became healthy and fat. Then they killed the shepherd and took the camels away. When a help-seeker came to Allah's Apostle, he sent some men in their pursuit, and they were captured and brought before mid day. The Prophet ordered for some iron pieces to be made red hot, and their eyes were branded with them and their hands and feet were cut off and were not cauterized. Then they were put at a place called Al-Harra, and when they asked for water to drink they were not given till they died. (Abu Qilaba said, "Those people committed theft and murder and fought against Allah and His Apostle.")
[Chapter of Punishment of Disbelievers at War with Allah and His Apostle - Bukhari]
A group of people from 'Ukl (or 'Uraina) tribe ----but I think he said that they were from 'Ukl came to Medina and (they became ill, so) the Prophet ordered them to go to the herd of (Milch) she-camels and told them to go out and drink the camels' urine and milk (as a medicine). So they went and drank it, and when they became healthy, they killed the shepherd and drove away the camels. This news reached the Prophet early in the morning, so he sent (some) men in their pursuit and they were captured and brought to the Prophet before midday. He ordered to cut off their hands and legs and their eyes to be branded with heated iron pieces and they were thrown at Al-Harra, and when they asked for water to drink, they were not given water. (Abu Qilaba said, "Those were the people who committed theft and murder and reverted to disbelief after being believers (Muslims), and fought against Allah and His Apostle").
[Chapter of Punishment of Disbelievers at War with Allah and His Apostle -Bukhari]
"UNQUOTE"
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