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NO ONE ABOVE THE LAW

Saturday, 04 from June 2011 AD Justice & Crime   Views : 1786 Print

 

            The only true law for the Muslim is the Shari’ah, the Law of God.  Nevertheless, it is the duty of Muslims to be peaceful and law-abiding citizens in whichever country of the world they happen to live.  It is not the place of Muslim to incite lawlessness, except under the condition of tyranny as suggested earlier.  In normal circumstances, each country is doing its best to establish at right code of conduct, and all Mulims should respect that.

 

            No citizen ever above the law, no matter how powerful, rich or influential.  If any people buy his or her way out of a rightly deserved punishment, then that society is corrupt and should be challenged.  True Law requires that officials should be above bribery and preferential treatment. 

 

            Similarly, no citizen should be beneath the protection of the law, no matter how humble.  Every citizen should have equal rights, including adequate right of defense if accused of something.

 

            Judge should be people of adequate good character and knowledge. Or those they try to judge will suffer.

 

            Buraydah recorded: ‘Judges are of three types, one of whom will go to Paradise and two to Hell.  The one who will go to Paradise knows what is right and gives judgment accordingly; but the one who will go to Hell, and also the one who passes judgment on people while ignorant.’ (Abu Dawud 3566)

 

            As regards religious matters, no-one should ever be forced to act against the dictates of their won consciences. 

 

            No human being should ever be sentenced to prison unless they have been properly convicted of a crime by unbiased court of law.  No person should ever be threatened or punishment or imprisoned because of the fault of others, or in order to intimidate others.

 

            No punishment should be carried out on people who are not fully responsible for their actions.  The Blessed Prophet particularly spoke against penalizing children, or people the who are mentally ill or disturbed though stress.

 

            ‘A’ ishah recorded: ‘There are three persons whose actions are not recorded – a sleeper until he wakes, a lunatic until restored to reason, and a child till it reaches prubety.’ (Abu Dawud )

 

            a woman who committed a sexual offence while the balance of her mind was disturbed was instantly acquitted.  (Abu Dawud 4385-89)

 

            The Blessed Prophet was sometimes obliged to sentence people to severe penalties, and even allowed the death penalty on a few occasions, but this was something he hated doing.  He never hesitated from ordering the penalties for flagrant and witnessed wrongdoing, but on several occasions he stated that he would have preferred if un unwitnessed guilty person had not insisted on admitting his or her offence, knowing he would be forced to give the necessary punishment in order o purify them.  The Blessed Prophet took the point of view that if Allah had chosen guilty person was being very hard on himself or herself if they gave themselves up and insisted on forcing his hand.  This is why the hadiths record that people who did this were actually of very strong faith and wished to completely purge certainly accepted by Allah.

 

            Nevertheless, having said this, the blessed Prophet did not shrink from ordering and having administered capital punishment when it was considered right.  One should remember that the death penalty was prescribed for all manner of offence in pre-Islamic times, and was common place until curtailed by the Prophet.

 

            Abu Hurayrah recorded one man who refused every opportunity to be pardoned for his adultery until he had been stoned.  The Prophet said: ‘Look at this man whose fault was concealed by Allah but who would not leave the matter alone, so that he was stoned like a dog.’ He came to the corpse of an ass with its legs in the air.  He said: ‘go and eat this ass’s corpse.  They replied: ‘Apostle of Allah! Who can eat of this? ‘ He said: ‘The dishonor done to your brother is more serious than eating some of this.  By him in Whose Plunging into them.’ (Abu Dawud 4414 – another case was recorded in Abu Dawud 43 66)

 

            Yazid b. Nuaym recorded: ‘Mayz came to the Prophet (on the advice of Huzzal) and admitted (having committed adultery) four times in his presence, so he ordered him to be stoned to death.  But he said to Huzzal: ‘If you had covered him with your garment (i.e. not given him the advice to insists on this punishment) it would have been better for you.’ (Abu Dawud 4364)

 

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