Reply a suspicion

Reply a suspicion….The speech of Muqtada Al-Sayyid Muhammad Al-Sadr in his account in Twitter on 30/3/2021

In the name of Allah

Reply a suspicion

Many people often raise ambiguity on Islam concerning the punishments which Allah legislated within the sharia rules to be deterrent to anyone whose soul instigates him to commit sins, fornications, disobediences and crimes. It is necessary to pay attention firstly that such punishments include what there is bodily or material trespassing on the other and don't include others from individual or moral trespassing even though they are forbidden. It means they don't include the suicide or the person injures himself or cutting one of his organs, they also don't include the moral trespassing as lie, hypocrisy and backbiting, especially the following punishments which the others aim them and raise many ambiguities and suspicions about them and few are those who undertake to defend on them unfortunately, from the punishments are

First: Retribution

Second: Punishments stipulated

Third: Discretionary punishment

To answer that we need an introduction that is: the necessity of legislating the punishment to any side or Sharia or any system whether material punishments or moral punishments, when we said that these punishments don't include the moral sins but it doesn't mean there is no negative effects which result from it as the effects of lie which are mentioned in the narrations or other sins in addition to what the person will face in afterlife from otherworldly punishments which are mentioned in Holy Qur'an or Honorable Sunna, therefore, legislating the punishment is necessary and inevitable matter in all Heavenly Sharia but even the general systems whereas it narrated in the aphorism: (For those who know no punishment, will misbehave) he persisted on his sin and misdeed therefore the punishment will be as deterrent from doing such trespassing in general and the punishment is according to the trespassing. If the misdeed, crime and sin increased, the punishment would increase too, and if it decreased then the punishment would decrease too, it is clear in civil laws and positive constitutions, from this side, Al-Islam was right in legislating the punishment regardless their details and ways of punishment. Hence we should move to the second step that is discussing their ways whereas those who raise ambiguities don't criticize the origin of punishments but their ways and machineries as (soul for soul) or (eye for eye) and so, or flogging or throwing from high place or burning or cutting the hand and the like, some of them are mentioned in Holy Qur'an as in honorable verse: (The adulteress and the adulterer – punish each one of them with a hundred lashes; and may you not have pity on them in the religion of Allah, if you believe in Allah and the Last Day; and a group of believers must witness their punishment.) Or His speech: (And those who accuse chaste women and do not bring four witnesses to testify – punish them with eighty lashes and do not ever accept their testimony; and it is they who are the wicked.) The answer on that is through several levels

The first level: They are as severe test from Allah Glory to Him to the Muslims to separate the wicked from the pure and the patient from hopeless, whenever the test intensified, the patience on it becomes difficult except the chosen from His slaves, so it is private matter between the slave and his Lord, the one who was patient will win and the hopeless will be held answerable and no one has the right to object

The second level: They are internal matter as they express in modern term, any external interference is refused and forbidden, do we have the right to raise ambiguity on your laws?! These punishments stipulated have two fields only which they may be an evidence that they are internal matter which are

The first field: Applying them as punishment on Muslims only

The second field: Applying on the others if they are in Muslims country only, it was narrated: (From Abdullah Bin Ja'far in (Qurb Al-Isnad) from Abdullah Bin Al-Hasan from Ali Bin Ja'far from his brother Musa Bin Ja'far (peace be upon them) said: I asked him about the adulterer or drinker (wine) from Jewish or Christian or Magian), what is their punishment? He said: The Punishments stipulated are applied on them if they did that in one of Muslims countries or in non - Muslims countries if they were presented to Muslims rulers) and they were applied on them in these two probabilities only, it means their existence in Muslims countries or if they were presented to Muslim judge

The third level: The Punishments stipulated are inoperative in our present days, the famous but the right that applying them is conditional on the existence of the infallible only, he doesn't make mistake in deed or word in applying the Punishments stipulated absolutely

The fourth level: Applying Punishments stipulated by the infallibles peace of Allah be upon them doesn't mean applying them practically but it doesn't mean to make it inoperative also, their characteristic (peace be upon them) was to forgive the guilty just the rare, and what were mentioned from Hadeeth and narrations about applying them either rare or not reliable, but stipulating of existence the infallible led to forgiveness about 98%

The fifth level: These punishments were approved by Al-Islam not legislated in Al-Islam, it means they are existent previously then Al-Islam approved them, especially after paying attention to the word (ordained) which is mentioned in Qur'anic verses which are about what were existent before Islam then Islam approved them as His speech: (O people who believe! Fasting is made compulsory for you, like it was ordained for those before you, so that you may attain piety.)

Also what we are in it whereas Allah said: (O people who believe! Retribution is made obligatory for you in the matter of those killed unjustly; a freeman for a freeman, and a slave for a slave, and a female for a female; and for him who is partly forgiven by his brother, seek compensation with courtesy and make payment in proper manner, this is a relief and a mercy upon you, from your Lord; so after this, a painful punishment is for whoever exceeds the limits.) In this verse, there is another level which benefits as answer that is relief and mercy upon you from your Lord, it means forgiveness from applying the Punishments stipulated due to Allah speech

(seeking compensation with courtesy and make payment in proper manner) As narrated in book (Al-Mizan interpretation) for Al-Sayyid Al-Tebateba'i you can read

The sixth level: This level may be based on the fifth level whence approval may inform I repeat: may inform on the way of probability and idea that it is temporary till issuing new system for punishments as in our present day, the fall of state and coming new one especially in the coup and fast revolution need to long time to write constitution includes punishments and in this way they may temporarily resort to approve the current system of the previous government till issuing new system, laws and constitution or it can be said: it was approved by legislator a temporal approval and it doesn't contradict with what was narrated: The licit matters of Muhammad are licit till Doomsday and the forbidden matters of Muhammad are forbidden till Doomsday

The seventh level: Allah said: (And there is life for you in retribution, O men of understanding, so that you may avoid.) Understanding this verse may be difficult on many people, they think that there is contradiction between (retribution) that is the family of the killed person kill the one who killed a person from their family and between (life), How is death a life!!?? The answer

Killing the killer means the others don't dare to kill, leaving the killer without killing him means spread the killing in the society whatever the person is, especially Al-Islam undertake what was mentioned in honorable verse: (……that whoever kills a human being except in lieu of killing or causing turmoil in the earth, so it shall be as if he had killed all mankind; and whoever saves the life of one person, is as if he had saved the life of all mankind……), I mean killing is great and big crime which equals killing all mankind therefore the punishment should be equal to it otherwise what are legislated from current laws against the killer may not be deterrent from killing as the punishment of prison to the killer in some current positive constitutions and the like

The eighth level: Most of those who raise suspicions against Punishments stipulated and their ways, they look to the punishment and forgetting the sin, they remember the hundred lashes of adulterer or adulteress or eighty lashes of the one who drinks wine or other from punishments and don't look to the abomination of these sins I mean adultery or (homosexual) or drinking wine and don't look to their effects in the society from spread the adultery, loos of families and lineage, spread the drunkenness and losing the mind and what result from them from accidents, clash, dispute and wrong decisions and the like which are more, the punishment should be equal to the sin whereas the prison couldn't be deterrent to the one who drinks wine and so

The ninth level: Playing on person freedom and threatening by it and making it a punishment is a matter which Al-Islam wasn't approved it just in rare cases which person may be imprisoned as the one who gives order for a person to ki..ll another one and the like. In our present time, the most important thing at them is the person freedom in transportation and moving and others and nothing is above it in importance, therefore they made prison the most famous and important punishment but even the only punishment with its different time and duration, each one according to his crime

The tenth level: The Islamic punishments are for the benefit of the guilty and to guide him not for torture or misguiding him therefore forgiveness is more effective and easier way for guidance just if there is no chance to forgive the guilty, the clear evidence on that is: the guilty will not be punished if he repented before applying the Punishment stipulated on him whereas Allah said: (Except those who repent before you apprehend them; so know well that Allah is Oft Forgiving, Most Merciful) But the current constitutions and laws don't take in consideration such repentance and he will be punished even he repented before applying it on him

The eleventh level: Al-Islam even though approved these punishments but it insisted and persisted on forgiveness and make it the best and described it by beautiful characterization to encourage people to it, whereas Allah said: (……to forgive is closer to piety…..), it means the forgiveness of the victim or the assaulted or his family or relative, Al-Islam approved for the one who forgoes from his right what is called blood money or what is called in the present time financial penalty

The twelfth level: Never existence of the infallible in our present age had deprived Al-Islam from new chance for rule then some of his rules may renew and Allah is the Knower not because they are wrong but for other reasons which infallible knows them and Allah the Knower

Generally, I repeat that applying punishments stipulated in our age without existence of the infallible is forbidden and it is unanimous matter at us in the doctrine and Al-Islam, some had deviated from it from those who apply it without legal evidence and in sensual way with some violence and patronage, therefore I prohibit them from doing that because they are inoperative and no one has the right in applying them even though they are under authority of states in addition to militia, parties or terrorism and Allah is the source of each success

The slave of Allah

Muqtada Al-Sadr