Penal Laws and Secured Countries

O Muslims fear Allah, glorify His commands, and be grateful to Him for His bounties. Servants of Allah, having security is one of the essentials of life, it may be more important that eating and dressing and one will not enjoy fruits of life if he does not feel secured. The reality of security in its definition cannot exist without faith and without Islam. AllahSubhanhu Wa Taalah says which translates as: ” It is those who believe and confuse not their belief with association and worshiping with Allah for them only there is security and they are the guided” (Al-An‘am: 82).

The Prophet (Salla Allahu Alaihi Wa Salaam) said in the books of Al Imam Ahmad and Al Baihaqi; “One who cannot be trusted and felt secured with, has no faith”.

In the books of Al Imam Bukhari and Muslim the Prophet (Salla Allahu Alaihi Wa Salaam) said: “A Muslim is one from whose tongue and hands the Muslims are secure and he who enters into Islam has entered into the circle of safety and security”.

In the book of Al Imam Muslim, the Prophet (Salla Allahu Alaihi Wa Salaam) said: “Whoever says La ilaha ill Allah and disbelieved in all that is worshiped besides Allah, then his wealth and blood has become inviolable and Allah Subhanahu Wa Taalah will hold him accountable”.

In the books of Imam Muslim and Abu Dawood and Tirmidhi and others, the Prophet  (Salla Allahu Alaihi Wa Salaam) said: “All things of a Muslim are inviolable for other Muslims, his blood his property and his honor”.

When Islam is fulfilled, and faith is fulfilled then reasons and means to achieve safety and security are provided. Allah Subhanahu Wa Taalah says which translates as: “Allah has promised those among you who believed and do righteous good deeds that he will certainly grant them succession (to the present rulers) in the earth as he granted it to those before them and that he will grant them the authority to practice their religion which he has chosen for them and he will surely give them in exchange a safe security after their fear (provided) they (believers) worship me and do not associate anything with me, but whoever disobeys after this, they are the Fasiqun (rebellious and disobedient to Allah)” (An-Nur: 55).

Thus, the formation of the human being in Islam is comprehensive and it includes all aspects of life, structure of his personality, faith, character, and manners.

Although security, dear brothers, is achieved by confirmed faith in the heart, good manners, pure behavior and the correct Aqeedah; yet it still needs just legislations and strong authorities.

Allah Subhanahu Wa Taalah says which translates as: “Indeed we have sent our Messengers with clear proofs and revealed with them the Scripture and the Balance (justice) that mankind may keep up justice. And we brought forth iron wherein is mighty power (in matters of war) as well as many benefits for mankind, that Allah may test that who it is that will help him (His Religion), and his Messengers in the unseen Verily Allah is All Strong and All Mighty” (Al-Hadeed: 25).

There are some people who are harsh and are not deterred with kind and soft advice. They will not desist from sinful activity except by the force of a strong punishment, that is why a punishing governmental authority is necessary along with the Qur’an as a reminder as it was said Allah prevents and stops by means of this authority what the Qur’an cannot prevent, that is, by its effect on the heart.

For everyone to have security and for humankind to have peace of mind there must be firm and strong legislations to deter those who want to undermine security and create disturbances. These laws and principles are established based on general mercy and the welfare of the communities.

The messenger (Salla Allahu Alaihi Wa Salaam) came with laws and legislations of Islam based on mercy and justice. Allah says which translates as: “And We have sent you, not but as a mercy, for the ‘Alamin (mankind, jinns and all that exist”(AlAnbiya: 107). Therefore, the objective of the message of the Prophet (Salla Allahu Alaihi Wa Salaam) is mercy for all creations.

Mercy in its broad definition is not limited to the pity and compassion one has for the poor widow or a young child, rather it is general – for the weak and the strong, the leader and the follower, those who are close and those who are far.

There is no place for mercy for those who want to spread chaos and infringe on people’s rights. How can someone have mercy on such persons who are like wolves attacking the honor, wealth, and blood of innocent persons? People do not acknowledge that enforcing laws is justice, except for those who are harmed; those who have been oppressed by either having their loved ones killed or their honor attacked, or their wealth forcefully taken away.

Should we leave these wild dogs, loose and free to become even more vicious, allowing the community to be oppressed?

Respected brothers, penal laws, and punishments are aspects of mercy in this religion. Most criminals who dare to commit the crime of murder   are heedless of the price that they must pay. If they know that they would be killed as a punishment then they would be hesitant and refrain from killing.

The Arabs have a saying; “Killing prevents killing”. Allah makes a stronger and a perfect statement in the Qur’an saying, which translates as: “And there is a saving of life for you in the law of equality in punishment” (Al-Baqarah: 179).

Yes, there is life in penal laws and laws of equal punishment when those who intend to commit a crime refrain from committing it because of these laws. Life, when the family of a murdered victim wants revenge – a revenge that had no limits; a revenge that creates hatred between families, tribal revenges, generation after generation of non stop blood shed.

So penal laws and laws of equal punishment bring about peace and security for the entire community and the country at large, such peace, protects people from unnecessary killing.

Islam protects lives and honor. Its not a heartless act when an offender is lashed or stoned. The objective is a noble one, that is, to protect the honor, preserve families and encourage chastity between men and women.

Allah says which translates as: “…Let not pity withhold you in their case, in a punishment prescribed by Allah, if you believe in Allah and the last day, and let a party of the believers witness their punishment” (An-Nur: 2).

This verse clarifies that the pity for those men and women who commit adultery and fornication is not synonymous with believing in Allah and the last day although the main characteristic of a believer is mercy and compassion between themselves.

Likewise having pity with those who attack others’ honor, and those who are unchaste is not considered mercy. This has the effect of preventing and stopping criminal acts. It instills fear in the hearts of criminals making them reluctant to transgress the boundaries of Allah thereby bringing disgrace to people and their families.

Marriage is the only legal and authorized way for a man and a woman to mate, creating noble and honorable families and ensuring and preserving the dignity of people from being attacked or slandered with lies and immoralities. In Islam, we have the law of lashing those who falsely accuse other members of the communities of being unchaste. Such criminal’s testimonies will not be accepted and by this, we protect and preserve the honor and dignity of chaste members of the communities.

As for thieves and burglars: where is the mercy when a hardworking laborer takes his wages to feed his wife and children but an evil hand   steals and takes possessions of his provisions. Such a thief collects in seconds what this honorable, hardworking man worked many days for. By that, this evil man will eat the provisions of this hard working, exhausted man.

Hard working people have the right to be protected. They have the right to security and peace of mind. As for the corrupted hand that refuses to earn honorably by working but instead oppresses other people by stealing their possessions: the deterrent is to cut off the stealing hand to release its owner from it and to relieve the community from his oppression.

Stealing other people’s money is a crime that is increasing and if it is not deterred firmly and strongly then it could lead to murder. How easy it is for a thief to kill one who obstructs his way, whether that person is a police officer or a rich businessperson trying to protect his wealth. When the situation becomes drastic and the danger of such criminal elements reach alarming proportions then severe punishment becomes desirable because they become enemies to Allah and His messenger, spreading corruption on the earth.

Allah says which translates as: “The recompense of those who wedge 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 from opposite side, or be exiled form the land that is their disgrace in this world and a great torment is theirs in the hereafter”(Al-Ma’idah: 33).

This is the law of Allah, which he revealed. Harshness and punishment corresponds with the harshness of the crime. Having pity on the one whom it is proven committed a crime is not mercy.

How can tolerating oppression and permitting attacks on innocent ones and not punishing criminals be considered mercy? True mercy does not allow oppression or tolerate the infringement of people’s rights. Some people are demanding the abolishment of the death penalty claiming that the criminals facing it are emotionally and socially disturbed and need treatment. What a justification to give to blood shedders – those who make the shedding of innocent blood easy and cheap.

Because of these campaigns, many countries have abolished the death penalty and constructed many prisons in which criminals became healthy and fat and after which they are released back into the community to create more oppression.

It is very easy for thieves, criminals and killers to co-operate in achieving their objectives by forming themselves into gangs and delegating various crimes to it members. Prisons become places of meetings between these criminals where they can plan and run their criminal operations while their partners in crime on the outside, implicate them deeper into wrongdoing.

One doubts the intention of those who defend such criminals to the extent that one might say No one will have sympathy for a thief but a thief   and no one will pity a killer but a killer

What do those who neglect the laws of Allah gain? By practicing laws of Taghoot, the only thing achieved is the spread of crime, chaos, terror, and fear for people, be they in their houses or in the streets.

The Prophet (Salla Allahu Alaihi Wa Salaam) said in the Hadith found in the books of Ibn Maja and Al Hakeem,  “It is never that leaders neglect following the book of Allah but Allah will make their enmity to be among themselves”

One sees when governments neglect the implementing and following of the laws of Allah, a proliferation of crimes, which are broadcasted by the media. A media, which revels in the crimes of stealing, slander, and the killing of innocent victims.

The criminals knowing that they are safe from any serious punishments in their killing and blood shedding form themselves into a force, a terrifying force that competes with such governments. In some cases, they might have more power, more weapons, and technology than the government.

There are gangs and bandits who terrify people on their journeys be it on land, sea, or air, spreading horror and corruption. They attack banks and financial institutions. Gangs that fight laws and traditions, anyone who resist them are killed. Those who hold their tongues regarding them are humiliated. The issue of this evil spreading is becoming more serious and critical. People are living in fear, corruption is spreading, governments have diminishing power against them, and we all know the stories of drugs and drug dealers.

Servants of Allah! Fear Allah and know that it is the short sightedness from some who are related or affiliated with Islam to think that such punishment and preventive measures in Islam, though applicable in the earlier times is not applicable and cannot work in the present time.

Such people do not realize that the security that is accomplished and implementing the laws of Allah does not only rely on punishments, rather it depends on instilling faith and planting the fear of Allah in the hearts, which result in people giving up and refraining from crimes hoping for the reward and fearing the punishment of Allah.

Peace and security is achieved through the medium of enjoining good and forbidding evil, speeches and reminders that soften and enlighten the heart, educating the ignorant, and waking up the heedless.

The Religion is not just waiting for someone to make a mistake to punish him but Islam gives chance after chance up to a limit so that the misguided finds his way and rectifies his mistake.

Islam prefers for those who want to conceal and hide their mistakes to do so and rectify their condition. Islam gives hope for the future of those who want to repent to their Lord and seek His forgiveness for He is the Most Merciful, the Most Forgiving.

alminbar

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About theCall

“Invite to the Way of thy Lord with wisdom and beautiful preaching and argue with them in ways that are best and most gracious..”
This entry was posted in Awareness, Our Challenges and tagged , , , , . Bookmark the permalink.

One Response to Penal Laws and Secured Countries

  1. Rashid Nzambu says:

    Aaww Jamian,

    Thanks for this article that has delved deep into the basis for global penal systems and the philosophy that underpins them.

    The Islamic penal code and legal system in general has basis in human nature (Fitra). Those that oppose the edicts of Islamic law are only those who do not understand it.

    Without bias or prejudice, I do solemnly declare that if the world were to educated of the Islamic Sharia….they would embrace it with all their collective hearts.

    Like

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