كيف ينفذ حد الحرابة؟ ومن له الحق في تطبيقه؟ – الحقيقة

How is the end of warring to be implemented, what are the rulings of the warring end, and when will those who have the right to implement it fall, and what is the ruling of those who repented before they were arrested and transferred to trial .. These questions and others are on the minds of many now, after the talk spread about fighting bandits or terrorist operations such as those that are against The safe guests of the House of God.

Therefore, in this topic, we will deal with the sayings of scholars about how the hadd punishment for harassment is enforced and about its conditions and provisions related to it.

You will find in this topic ..

How to implement the warrior limit

Harba is one of the greatest evils in Islamic society, as it is cutting the road, stealing and looting with weapons while terrorizing the safe, so the warrior is said to be (bandits) or (corrupt people on earth)

Al-Qurtubi said about them in his Tafsir (The Whole of the Rulings of the Qur’an) when he presented the verse of warfare: “Frightening the path by showing weapons in order to conquer the chicken, this is the most outrageous war, and uglier than taking money …”

The fuqaha ‘have agreed that the threshold for warring is killing or crucifixion or cutting legs and hands from disagreement or exile from the homeland. Rather, the difference was in the meaning of the letter “conjuncture” or in the Almighty saying:

“… To be killed, crucified, or their hands and feet cut off from disagreement or exiled from the ground…” (al-Ma’idah 33)

It may indicate a choice or a gradual punishment according to the felony, so they are divided into:

  • Imam Malik in (Al-Sharh Al-Saghir on the closest path to the doctrine of Imam Malik 2/436) by Al-Dardiri Al-Adawi said: “If he is killed, he must be killed, and the imam has no choice in cutting it off or in denying it.” But if he takes the money and does not kill, then there is no choice in denying it. The choice is to kill him, crucify him, or sever him from a dispute … ”

While he thinks that he who fears people only on the streets, the imam has the right to choose between killing him, banishing him, or crucifying him … according to the crime he committed; The matter is due to the endeavor of the Imam (the ruler)

  • Imam al-Shafi’i in (Tuhfat al-Muhtaj, explaining al-Minhaj 9/161) and Imam Abu Hanifa in (Fateh al-Qadeer 4/268 and 269) that the punishment for warrior is a consequence of the felony committed by the warrior who kills, and whoever takes money is cut off, and exile for those who did not take money and did not kill And that the matter is of choice according to the jurisprudence of the ruler, and a number of other jurists said this opinion.

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Crucifixion in the end of warfare before or after death

They also differed as to how the end of warfare is carried out itself, that is, in the matter of crucifixion, whether it is before or after death, or is he killed while crucified, and how long he is left in that case, so they said:

  • The majority of Hanafi and Maliki jurists believe that a warrior is crucified alive and then killed in that case with a spear (i.e., while crucified). Al-Kasani narrated that he said: “It was narrated on the authority of Abu Yusuf, may God have mercy on him, that he was crucified alive, then he was stabbed with a spear until he died.”
  • Another group, including Abu Obeid, believes that killing takes place at the beginning and then crucified because crucifixion is alive from the parable (the representation of the living and hanging them until death) and the Messenger, may God bless him and grant him peace, forbade the mimicking.

However, the majority of scholars have gone to the first view that is because of the matter of harsher punishment for this heinous act to be a deterrent to others, and they left the matter to the choice of the guardian, so he may see the murder before the crucifixion or the crucifixion before the murder, so Sheikh Ibn Uthaimin, may God have mercy on him, said in (Al-Sharh Al-Mumti ‘) On Zad al-Mustaqni 14/371): “This should be considered in favor, and if the judge thinks that the interest should be crucified before he kills, he does.”

The duration of the crucifixion is in the end of harabah

The jurists differed in the period of crucifixion as to how to carry out the end of harabah, so Imam Al-Shafi’i believes that crucifixion is three days, and Ibn Qudamah said in: (Al-Mughni is from the repositories of Hanbali jurisprudence 9/147) In response to this opinion that this timing is without suspension from God Almighty, it is not permissible. It is hardened to the extent that it prevents it from changing its condition and stinking, which leads to the impossibility of washing, shrouding and burial, and Muslims being harmed by its smell and appearance.

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Guide to the end of warfare

The fuqaha ‘inferred in their saying how the end of war is enforced, and they have inferred for Sharia evidence from the Noble Qur’an and from the authentic Sunnah:

Guide to the end of warfare from the Holy Quran

The words of God in Al-table “but reward those who fight Allah and His Messenger, and seek mischief in the land to be killed or crucified or their hands and feet cut off from or otherwise put out of the ground it for them in this world and disgrace them in the Hereafter a great punishment (33)”

That verse has been addressed by the brief opinions of the jurists

Guide to the end of warfare of the year

The fuqaha ‘in their saying about how the end of warring is enforced, and the evidence for the legitimacy of the warring penalty, inferred several hadiths from the Prophet, may God bless him and grant him peace, and his companions, about:

The first talk

Anas Ibn Malik may Allah be pleased with him, he said: “NASA from Akal and den gave the city of the Prophet peace be upon him, and spoke of Islam, they said, O Prophet of God, we were the people of the udder, we were not the people of the countryside, and Astokhmua the city, and ordered them to the Messenger of Allah peace Allah be upon him Bdhud shepherd, and ordered them to get out where they shall drink of milk and Oboualha, they went away, even if they were free hand, disbelieve after their Islam, and killed the shepherd of the Prophet peace be upon him, and Astaqgua defending, bringing the Prophet peace be upon him he sent the demand in their tracks, and ordered them So they darkened their eyes, cut off their hands, and were left on the Al-Harrah area until they died in their own way. ”(Sahih Al-Bukhari 4192)

In this hadith on the authority of Anas Ibn Malik himself (not from the Prophet, may God bless him and grant him peace), he narrates an event that occurred during the era of the Prophet, may God’s prayers and peace be upon him, when people from the Akkal tribe and from a neighborhood called (Arayneh) inhabited by a tribe of Bajila came to Medina and uttered the two Shahada and demonstrated Islam.

So they said to the Prophet that they were Bedouins who lived on caring for camels and sheep, and they were not agricultural people, so they did not correspond in the life of the city (Yathrib). So the Messenger, may God bless him and grant him peace, gave them a group of camels and ordered them to go out to graze them and benefit from them.

When they went towards a place near Medina called Al-Hurra, and they lived there and their condition was good, they turned away from Islam, and killed the shepherd whom the Messenger of God sent with them when they tried to flee with camels and overtook them, so they gathered on him, cut his ties, and inserted thorns in his eye and tongue, and died.

When the Prophet, may God bless him and grant him peace, reached that point, he sent men in their tracks and arrested them. Protected nails were placed in their eyes and their hands and feet were cut off, and they were left next to the place in which they killed the camel shepherd to die, as a reward for their heinous deed.

The second hadith

On the authority of Abdullah bin Omar, may God be pleased with them both, that the Prophet, may God’s prayers and peace be upon him, said: “Whoever bears weapons on us is not one of us” (Sahih Al-Bukhari 6874)

God Almighty has promised not to kill unlawfully, and it is the first to be decided on the Day of Resurrection. It is for this great concern of the prohibition of self-killing that the Prophet, may God bless him and grant him peace, warned us against carrying weapons on safe Muslims to terrorize them and plunder their money, and he said that he is not one of the Muslims who are guided by his guidance and follow in his footsteps, and it is the greatest evil on earth.

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Who has the right to apply the end of haraba

The jurists have agreed on how to implement the hadd punishment for hariba, that its application is an obligation on the ruler (the ruler or the sultan or whoever acts on his behalf) or what is determined by the community charter by those who take care of the interests of the parish from the executive and judicial bodies in administratively complex societies.

The obligation of sufficiency: it is the obligation that, if performed by a Muslim, is waived from the rest of the people of the place, such as the Friday sermon or washing the dead and praying for him or the call to prayer.

Who is carried out by the end of war

The jurists have agreed that the punishment for warring is to be carried out in every person who commits this crime (an infallible, sane adult), whether a man or a woman, a Muslim, a dhimmi, or a trustee, by attacking anyone who falls under the umbrella of the Islamic state, whether he is a Muslim or otherwise.

While the jurists do not differentiate in the ruling between those who carried out the killing himself or those who assisted him in theft and restriction without killing, Ibn Qudama said in (Al-Mughni from the Sanctuaries of Hanbali jurisprudence) explaining this opinion: “Because fighting is based on obtaining immunity, support and advocacy, the directer cannot He did it except with the power of evil … unlike all other boundaries, then based on this, if one of them is killed, the ruling on killing is proven against all of them, then all of them must be killed, and if some of them are killed, and some of them take money, it is permissible to kill and crucify them, as if each of them did the two things …

Likewise, Sheikh Al-Islam Ibn Taymiyyah said in (Majmoo ‘Al-Fataawa).

The judgment of a warrior who repented before his arrest

If someone does an action that necessitates the hadd punishment for warring and then repents, is he punished for warring or not? The jurists have dealt with this topic in detail and divided it into several demands, namely:

Is his repentance accepted?

The majority of jurists who believe that the aforementioned verse of warfare was revealed in them that his repentance is accepted as evidenced by the words of God Almighty in the verse that follows it in Surat Al-Ma`idah: “Except for those who repented before they were able to appreciate them – so know them.” (34)

An attribute of repentance that drops the threshold of warfare

In describing the repentance of the warrior, in which the threshold of warfare is waived from him, the fuqaha ‘differed concerning it into two views:

The first saying: Ibn al-Qasim said it in (al-Sharh al-Saghir 1/160) is to leave this act that he is doing and to stop hurting people, and to leave the weapon and surrender himself to the imam.

The second saying: Ibn al-Majshun said it in (Manah al-Jalil 4/449) is to leave this action and return to the ranks of the safe and stop hurting people only.

What falls with the repentance of a warrior?

The fuqaha ‘also differed as to what is waived from the warrior through this repentance, whether all the limits are or some of them without the other, so they said:

  • That repentance waits from him the threshold of warring, as for the rest of the rights (the rights of the servants and the rights of God), he is punished, and with this opinion, Imam Malik said (in the language of the Salik to the nearest tract Al-Sharh Al-Saghir 2/437).
  • That his repentance waives the threshold of warfare, and also the rights of God such as fornication and drinking wine. However, it does not negate the rights of the people unless the rights holders pardon their rights.
  • That repentance waives the rights of God upon him, as well as the rights of the servants, except for the money in his hands, in the event of his repentance, he returns it.

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Topic summary in 8 points

In dealing with the sayings of the jurists regarding the answer to the question of how to implement the threshold of harassment, we conclude that:

  1. Harba is the attack on people who are safe with weapons and killing them, stealing their money or taking their money by force without killing them.
  2. Harrah is one of the major sins that God Almighty has warned about in the Holy Qur’an. He has detailed the method for its implementation in verses 33 of Surat al-Ma’idah and the ruling on his repentance in verse 43 of the same surah.
  3. The application of the end of the war is a sufficient obligation on the guardian or his representative.
  4. During the time of the Prophet, may God bless him and grant him peace, an incident of warfare occurred, and the hadd punishment was applied to them.
  5. The Prophet, may God’s prayers and peace be upon him, said that whoever raises weapons in the face of safe Muslims unlawfully is not a Muslim.
  6. The end of war is enforceable on every duty bearer who commits the offense, whether a man or woman is Muslim or non-Muslim, and the offense committed by him shall be taken against anyone living under the umbrella of the Islamic State.
  7. God promised that the warrior’s repentance would be accepted if he believed it.
  8. The jurists differed as to whether repentance drops the threshold for warring only, or if it drops the rest of the limits.

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