It is difficult to answer this question as “yes” or “no” at once. The question is not clear enough in this form. It is necessary to clarify it with other questions like Where? On what subject? From what aspect? If this question is asked from the “judicial aspect”, the answer is yes.
If it is said from every aspect, there is no need to answer this question because the answer is in the question. Since two different genders are in question, how can absolute equality be considered?
There are fields where the woman and the man are equal as well as there are fields where the man surpasses the woman or vice versa. So, it is not possible to analyze this issue as a single item.
If it is asked that, “Is there a difference between the man and the woman from the aspect of being a good, superior person?”, we can emphasize at once that domination is different from superiority and virtue. It is difficult to say this one is superior to the other one at once in the latter. It is because everybody is a servant of Allah, whether a woman or a man. Only the one whom He prefers and loves and He is pleased with is superior. When we examine the Quran, the Divine book, we see that taqwa (fear of Allah) is the measure of superiority instead of gender. Yes, the measure of superiority in the eye of Allah is taqwa.
What is taqwa? Taqwa means fearing Allah, abstaining from sins, keeping away from actions, manners, circumstances and words that He is not pleased with, regarding attaining His consent as the major aim and fearing very much of losing His consent. As you see, the superior and virtuous person is the one who behaves like that. Gender is not esteemed at this point.
We remember righteous deeds as soon as taqwa is mentioned. Righteous deed means to do good deeds and charity. Gender is not taken into consideration in righteous deeds, either. For example, if ten rewards are given for each letter of the Quran, it is the same for all people. A concept like fewer rewards for women and more rewards for men is not in question.
We can also deal with the question from the psychological aspect and can ask: Is there a difference between men and women from the psychological aspect?
We answer this question as “definitely” without any hesitation. The psychological difference between men and women starts to manifest itself from the childhood. The toys of boys and girls are different from each other. A girl likes dolls most among toys. She takes her dolls in her arms, kisses them, changes their clothes, swings them in a cradle and takes them to sleep. She spends most of her time with them. However, a boy prefers toys such as cars, airplanes and guns most.
When these children grow up, their conversations change. Men talk about business life or politics more while women primarily talk about household goods and knitting.
There is also an obvious difference between two genders in terms of ability. The man is superior to the woman in composition and analysis while the woman is superior to the man in imitation and memorizing. For example; the man is superior to the woman in making an architectural work and placing all its parts suitably. The woman is much more sensitive than the man in decorating any part of it with fine embroideries.
The man is more open to the external environment. He is inferior to the woman in showing compassion but he is superior to her in the ability of enterprise. The woman is more introversive compared to the man. The major benefit of it is the importance she will give to her children and her home.
Those two genders’ weaknesses are also different. There exists the sickness of tyrannizing and oppression in the man and the sickness of showing off and attaching much importance to what other people think about her in the woman.
One of the most distinct characteristics of the woman is her sensibility. It is called “affectivity”. The woman is more susceptible to be affected by the environment than the man. Therefore, the woman is more susceptible to be guided by inculcations and more suitable to be deceived than the man.
The woman’s intuition is stronger than that of man. She needs changes more than him and she is more open to innovations and excitement. The woman is usually inferior to the man in terms of body size, force and power. As a result, the need for taking refuge in someone is more in the woman than the man. However, this need changes into inferiority complex for some people and it shows itself as manly behavior complex.
The woman is more devoted to her spouse than man. She is more faithful than him. She is superior to him in the love of the world.
We should judge the woman in accordance with that psychology of her and we should try to make her an ideal woman instead of trying to make her become mannish.
Let us have a look around. There is a perfect harmony between spirits and bodies in all living beings. Putting a gazelle’s spirit into the body of a lion and forcing it to behave like a lion will harm that cute spirit first. It will lose some of the grace in its spirit every time it roars and it will destroy some part of its own elegance in every attack. Pushing a woman into mannish behavior for the sake of the equality of men and women gives the most damage to the woman.
In fact, intentional and intensive activities carried out in this field have not been able to change anything in a sense. Acting upon the rule “The judgment is made according to the majority”, we can state the following:
Women generally happen to be workers instead of factory owners, secretaries instead of judges, hostesses instead of pilots, shop assistants instead of bosses because it is not possible to change the human nature.
Unfortunately, we have not been able to give the woman the statue she deserves. We either tried to dominate her and treated her unjustly as though her sustenance was upon us, or we gave her too many opportunities and caused her to aspire to become mannish and we spoiled her in this way.
2-)
What are the fundamental or human rights in Islam that had been granted by God?
It should be first looked at the pre-Islamic era to fully understand the human rights that Islam had granted on humans.
1. All of the cultures, nations, and countries during the pre-Islamic era were monarchies. They were ruled by kings, crowns, or emperors. They held absolute authority over their people; hanged, exiled whomever they wanted, and they were responsible to no one.
2. People were divided into various castes. Close relatives of the ruler were considered nobles. They were privileged. The vast majority of people were excluded from the rights of those nobles, they were treated contemptuously. There were great gaps between the classes.
3. Slavery was in use with the utmost savagery. Human dignity was trampled.
4. People were subject to discriminative treatments according to their race, and the color of their skin. Line of descent implied a certain excellence of origin. People were divided up and separated on the basis of their families; abilities, knowledge, morality, virtues did not mean anything.
5. There were no fundamental rights and freedoms. Fundamental rights and freedoms such as freedom of religion and conscience, right of property, latitude of thought were no in use. People had unprecedented tortures because of their beliefs and thoughts.
6. The essential principle of law was trampled. Equality before the law was the last thing that could come to the minds. There was no such a thing as fair and impartial trial. Rights in law were not absolute, personal wishes and interests did for law. Different castes members who committed the same crime were imposed different penalties.
While the world was in such a situation, the religion Islam came and implemented the greatest development of the history of the human kind. If it is examined fairly, long before the declaration of the human rights in Western Cultures, it will be seen that the ultimate humane objectives were ascertained both in the holy Quran and in the Sunnah of Prophet Muhammad (pbuh). In fact, the Prophet Muhammads farewell sermon during the farewell pilgrimage has distinctive principles on the basis of Human rights.
This sermon, in the year 632, was given to more than a hundred thousand Muslims. That is to say, one thousand one hundred and seven years before the declaration of the rights of man and of the citizen in 1789 in France, which is considered the first written text about human rights. Islams new principles about human rights has great impact on the development of Wests human rights struggle.
Humans have distinctive value from other creations. This value increases with believing in God and obeying His rules. By this way, human becomes the most dignified guest of the universe.
Valuableness, because of being a human encircles everyone. Woman or man, young or old, white or black, weak or strong, poor or rich, whichever the religion or race he or she belongs to, this shadow of clemency encircles them all.
Islam, by this way, prevented people from shedding blood unlawfully, protected peoples chastities, properties, and protected them from being exposed to such assaults like breaking into their houses, and moral pressure. Human dignity and honor and the right to have their dignity and honor respected and protected by Islam in the literal sense than ever before.
The principle rights and freedoms that Islam brought are: 1- Any discrimination based on any ground such as race and color has abated by Islam. All men are descendants of Hazrath Adam. No one can choose his race or the color of his skin. It all happens with Gods decision. Discriminating people based on race, skin color and seeing some superior to others is wrong and harmful according to both Islam and Humane reasons. God, in the Quran states, O humankind! Surely We have created you from a single (pair of) male and female, and made you into tribes and families so that you may know one another (and so build mutuality and co-operative relationships, not so that you may take pride in your differences of race or social rank, and breed enmities). (Al-Hujurat Surah, 49:13) as it is clearly seen from the verse, being different should not be simulated as a means of superiority but for building mutuality and co-operative relationships. The following hadith sheds light on the matter. Abu Zarr Ghifari, when, once in a rage called Bilal O son of a Negress, the Prophet did not tolerate this much of intemperance on his part, admonished him and said, "You still smack of the evil traits of Jahiliyah, (that you tried to disgrace him by lowering the dignity of his mother on the basis of color)". Abu Zarr regretted and asked forgiveness from Bilal.
2- Islam has abated the claims of superiority based on descent
3- Islam has given the right to control the administrators to the public. It aimed at abating arbitrary managements, and unjust, unlawful acts of the administrators. Abu Bakr, when he was elected as the first Caliph, did not claim any privileges. In fact, clearly refuted any special status in the opening words (after the pre-amble) of his inauguration sermon, I was assigned to rule you, and I am not the best amongst you. He also went on asking that people would obey him as long as he does his duty properly and that if he does not then he commands not obedience from the people. One day, Omar was giving a sermon in the Mosque and he told the crowd that he was elected as their leader but he was not the best among them. He said that he would try to rule according to the teachings of God and His prophet, but that if he made a mistake, they should correct him. One person rose from the crowd and told Omar that if he deviated from the book, they would correct him with the edge of the sword. He became delighted with the answer.
4- Freedom of thoughts and conscience are the second most important rights of humans after having right to live. Not avowing this right of individuals means decreasing his rank to that of animals. It advocates both freedom of thought and freedom of conscience. With the principle of there is no compulsion in Religion, it does not allow coercing anybody into the Islam.
5- Islam has given great importance to the institution of slavery. And, thus, has given legal status to it. Before Islam, slavery was in use with the utmost savagery. There was no reason to anticipate that slavery would be abated completely, which was widespread in every corner of the world. For this reason, Islam did not abrogated slavery completely but improved it in the most civilized and humane way. On the other hand, made possible the transition from slavery to freedom. Thus, developed such efficient systems to abate slavery completely.
6- Freedom of having property: As well as all the other feelings, God gave us the feeling of ownership and it is a part of our human nature. The Holy Quran states its meaning clear. Islam let individuals to have possessions and laid the groundwork for having possessions lawfully. The right of individual property that Islam acknowledges cannot be intervened without the permission of the owner.
7- Equality before the law: All people are equal before the law (regardless of their ethnicity, belief etc.) as equal as the teeth of a comb. The rule of law is an essential principle in Islam. A state leader or a commoner are both equal before the law. Even if the felon is a state leader he receives punishment. Sultan Mehmed II the conqueror with a Greek architect, Hazrath Ali with a Jew, Salaaddin Ayyubi with an Armenian, all came before the judge. A woman from Banu Makhzum Clan committed theft during Prophet Muhammad's conquest of Mecca, and she was brought to him. the clan of Banu Mahkzum attempted to intercede for her. They sent Usama to God's Messenger (pbuh). Usama, was the son Zayd, and , like Zayd, very dear to him. Unable to resist the insistent pressure from the Banu Makhzum, Usama pleaded with the Prophet for the woman to be excused. Prophet's face turned red with anger and he rebuked the intercessor. And he gave this historic sermon: 'O people! Know of a certainty that the Almighty ruined many of the peoples before you because they did not observe justice. When an influential person among them who had powerful backing committed a crime, they ignored it, but if the same crime was committed by a weak one, they applied the necessary punishment. I swear by God, that if my daughter Fatima steals, I will not hesitate to cut off her hand.' (Bukhari 8:6800; Muslim 3:4187 and 4188) Abu Bakr
8- In Islam, there is no unlawful punishment. No one is responsible for another persons crime. This principle is stated in the Quran as follows, Say: "Am I, then, to seek after someone other than God as Lord when He is the Lord of everything?" Every soul earns only to its own account; and no soul, as bearer of burden, bears and is made to bear the burden of another. Then, to your Lord is the return of all of you, and He will then make you understand (the truth) concerning all that on which you have differed. (Al-Anam Surah, 6:164)
9- Impartiality and independence of the courts principle: Judicial authority in Islam is impartial and independent. Courts are the judicial authority in Islamic countries. Like commoners, the ruler of the states came before the court and punished if seen guilty of a crime.
10- Domiciliar inviolability and privacy of the individual: In Islam, no one or no authority has right to intervene the privacy of the individual. No one has right to enter any ones private property. Inquiring private lives of individuals are strictly impermissible.
11- Freedom of Travel: In Islam, it is stated that traveling is an act both exemplary and healthful, so always prompted.
12- Right to live; protection of the life, property, and chastity: This matter has put forward in the farewell sermon of Prophet Muhammad (pbuh) in the most perfect sense. O people: your lives and your property, until the very day you meet your Lord, are as inviolable to each other as the inviolability of this day you are now in, and the month you are now in. Have I given the message? -- O God, be my witness. So let whoever has been given something for safekeeping give it back to him who gave him it.
13- Social Insurance: The Religion Islam provided for the needy in view of the facts such as elderness, sickness, calamities, disasters, and accidents; secured their futures by institutions like Zakat (Almsgiving), and social foundations.
14- Freedom to Work, Wage Equality and Justice: In Islam, working and making an effort for livelihood are valued and encouraged; begging, not working are always seen as In fact, working for the livelihood of ones family is regarded as a prayer with the condition of fulfilling the obligatory prayers. The verse, depicts the importance of working that Islam gives. In addition, Prophet Muhammad has instructed people to pay the wages of their workers before their sweat dry out .Workers, on the other hand, should be honest and sincere in their work for the best of the income.
15- Protecting the Children: In Islam, from the very moment of birth, it is given help to the parents for raising the child, and is granted an allowance from the treasury. Today, in most of the wealthy countries, child support enforcement services help the needy families.
16- Basic Education is free and obligatory. The hadith, To seek knowledge is obligatory unto every Muslim both man and woman, makes Basic Education necessary. Besides, religious, moral, and literary education, professional education should be given, too.
3-)
I committed an unjust act towards somebody years ago. Then I talked to him and he forgave me. However I cannot get rid of the pressure of my conscience. I repented and asked Allah for my forgiveness. How will I know if Allah has forgiven me?
A person may have committed an unjust act towards another person intentionally or unintentionally, consciously or unconsciously. He/she may even have wronged and aggrieved somebody.
What should we do then? Is it enough to contemplate it our inner world saying I have done it once, I wont do it again, I wish I hadnt done it? Or should we compensate it by correcting our mistakes and apologizing to the person and ask forgiveness for what we did?
Fundamentally, there are rights of Allah and rights of people in Islam. Rights of Allah are the duties of worshipping everybody is supposed to do for their Lord. He/she begs Allah for his/her sins or faults, repents and ask for forgiveness. As for rights of people, it is different. There is only one way of compensation, to go and find the person who was aggrieved and wronged, to apologize to him/her, beg forgiveness and to compensate any material harm if there is any.
Our Prophet (PBUH) said the following in a hadith:
Whoever has oppressed another person concerning his reputation or anything else, he should beg him to forgive him before the Day of Resurrection when there will be no money (to compensate for wrong deeds), but if he has good deeds, those good deeds will be taken from him according to his oppression which he has done, and if he has no good deeds, the sins of the oppressed person will be loaded on. (1)
As it is also recommended by our Prophet (PBUH) there is no other way than apologizing and asking forgiveness. Even when a person becomes a shaheed (martyr), Allah forgives all his/her sins other than rights of people if he/she has any.
You should go and find the person that you have wronged, confess that you have made a mistake, apologize to him/her and ask forgiveness. If he/she has suffered a material loss, you should compensate it as much as you can. That way you will do your best. If that person welcomes you and forgives you, you will get rid of your responsibility and you will be saved from the questioning and punishment in the hereafter by receiving forgiveness in the world as it is stated in the hadith. .
However, if you suffer from guilty conscience, you can repent and ask Allah for forgiveness, too. You will be at ease with Allah as it is stated in the hadiths Being sorry is actually repentance and He who repents his sins is as if he has not committed any sins. (2)
How can a person know or realize if his repentance has been accepted by Allah, if he is free of sins? Lets hear the answer from our Prophet (PBUH): a man who commits a sin and then repents and performs a good deed is like a man who wears a tight armor. When he performs a good deed after a sin, one of the chains of the armor is released. When he performs another good deed, another chain is released. At the end of the good deeds the armor falls to the ground. (3)
If a person who commits a sin towards his Lord, or wrongs another person repents after the sin, performs good deeds, increases his efforts for the service of Quran and belief, the chains of the armor of the sin are released one by one and he gets rid of the sins soon. Then he does not need to suffer from guilty conscience and be uneasy and feel sorry; because he has done his best with a good intention and sincerity.
By the way we should not forget the following verse: Say: "O my Servants who have transgressed against their souls! Despair not of the Mercy of Allah: for Allah forgives all sins: for He is Oft-Forgiving, Most Merciful. (4)
4-)
How should I put up with the oppression inflicted on me? I prayed against the people who oppressed me but my prayers were not accepted. My belief has been shaken. I want to abandon worshipping..
- This world is a place of testing; there are easy tests and hard tests. The traps of Satan are abundant in those kinds of hard tests of troubles and misfortunes. To fail the test – God forbid – by obeying Satan’s suggestions will not eliminate the troubles of the world; what is more, it will bring about troubles in the hereafter. Loss in this world and the hereafter will be certain.
- In a place where there is such injustice and oppression, the test is valid not only for the oppressed but also for the oppressor. The oppressor fails the test because he oppresses. The oppressed person will pass the test if he shows patience. A person who gives one but wins one thousand is not at a loss. A person who shows patience for the tests of Allah in this ephemeral world will live happily in the eternal life. When a person views the issue with the consciousness of belief, he will see that the happiness to come in the eternal future will compensate the temporary unhappiness at the moment.
- Everybody needs to be given the equality of opportunity for the test to be righteous. The equality of opportunity is only possible when people can use their free will freely. If Allah prevented people who wanted to commit murders, theft and oppression, there would not be any testing.
Therefore, it is cruel judgment to blame Allah for the bad deeds that man commits through his free will, which is the indispensable condition of the testing. Besides, having such a judgment through the suggestion of Satan will earn man nothing but disrespect toward Allah will cause punishment both in this world and in the hereafter.
- We should not forget that, sometimes, good things bring about bad things and bad things bring about good things. It is the best way to wait for the manifestations of the endless mercy of Allah with such hope.
The period of waiting is also a process of testing. In this process, the person can attain peace by showing consent to the righteous qadar of Allah – even if he shows fury against those who oppress him, because the following prophetic principle promises us peace: “a person who shows consent to qadar becomes free of greef.” (Munawi, Faydu’l-Qadir 3/187) To do the opposite of it will cause more grief.
It is necessary to trust in Allah. To resent Allah and to abandon worshipping due to the oppression of a person will rejoice Satan and the enemy only. It harms the person who resents Him. With the expression of Badiuzzaman Said Nursi, “The one who criticizes qadar strikes his head against the anvil and breaks it. The one who accuses God's mercy will inevitably be deprived of it”. (see Lemalar (Flashes), 2. Lema)
- It is necessary to view the issues righteously. For instance, a person who is oppressed prays Allah against those who oppress him and wants his prayer to be accepted at once. However, if Allah had accepted the prayers of the people based on their wishes and desires at once, the world would have probably been destroyed now.
There are some people who want the world to collapse around the people who oppress him. However, all of the deeds of Allah are based on wisdom; there is a certain period determined for everybody. Allah will not kill anyone before their time is due just because we want it.
However, we know that oppression will not be permanent. The punishment for oppression is valid both in this world and in the hereafter.
5-)
Why is the guilty punished according to Islam?
In punishment, various viewpoints have been prevalent throughout the history and the goals of punishments have been determined in the light of those viewpoints. In the West, approximately until the 18th Century, the goal of punishments was just intimidation, revenge, and exposure. Burning, crucifying, amputation, bone breaking, burning with a hot iron bar, etc. were among the mostly seen ways of punishment.
Moreover, in those times, punishments were not suitable for crimes. The death penalty could sometimes be applied for even the simplest crimes. According to the British Criminal Code, up to 200 crimes were punished with the death penalty until the 18th Century. According to the French Criminal Code, on the other hand, 215 different crimes were punished with the death penalty. Furthermore, many of those were petty crimes.
Gradually, the aim of personal revenge was replaced by social and divine revenge. In social revenge, intimidation is sought; in divine revenge, the atonement of the crime. Since the 18th Century, thinkers in the West have struggled with the aim of revenge in punishments and tried to replace it with other aims.
AIMS OF PUNISHMENT IN ISLAM
In Islamic Jurisprudence, the aim of punishments is not to tyrannize over, to torture or to take revenge on the culprit; that is because Prophet Muhammad (peace and blessings be upon him) was not sent to terrorize or to oppress people, but was sent as a mercy to the worlds.
As is understood from religious pillars (Quranic verses and Hadiths) and from the expressions of mujtahids-Islamic scholars, the effects Islam aims at in punishments are as follows:
1. To prevent crime in general In practicing punishments in Islamic Jurisprudence, the functions of serving as a lesson and of preventing committing crime are essential. In other words, Islamic punishments have such a nature as to prevent crimes before committed and to serve for others as a lesson so that their tendency to commit crime is broken.
For this reason, big punishments in Islam are carried out in public. It is closely concerned with human psychology that punishments are carried out openly in public.
The functions of serving as a lesson and of preventing crimes are achieved in the best way by carrying out the punishment in public. Thus, the communitys feelings of hatred for crimes and of blaming are always kept awake. Nobody wants to be like the culprit and to fall into such a shameful situation before the public. And this feeling breaks the tendency toward crimes.
2. Personal Prevention In Islamic punishments, it is also aimed at the betterment of the culprit. Punishments are carried out to improve the morals of the culprit and to ameliorate him by training so that he will not commit crimes again.
In Islam, punishing is like a fathers training his child, or a doctors treating his patient; it is not to tyrannize over, to torture or to take revenge on the culprit.
3. Atonement The punishment of the crime is atonement, which is the requisite for the absolute justice. Punishment provides absolute justice by getting the culprit to compensate for and to pay back the equivalent of the crime. The wronged party is thus satisfied and calmed down; security and peace are maintained in society. For this reason, Prophet Muhammad (PBUH) said in one of his Hadiths: A punishment carried out in order to realize justice over earth is better for the people of earth than 30 mornings with rain. Ibn Hanbal, Musnad, II, 402.
It is a requisite of justice to respond to a wrongdoer with the wrong he perpetrated. In Quran, this point is highlighted this way: The recompense of an evil deed can only be an evil equal to it; but whoever pardons and makes reconciliation, his reward is due from God. Surely He does not love the wrongdoers. (Ash-Shura Surah, 42:40)
As is seen, it is just to punish a wrongdoer according to the measure he deserves. However, it is a special virtue for the offended to forgive the culprit.
In punishment, fittingness is also required. In other words, the punishment given must be fit to and suitable for the crime committed. It would be a source of cruelty and unease in community for the punishment to be heavier in comparison to the crime, not of justice. It is also a great favor and mercy on the part of the culprit for the punishment to be atonement, because, according to many of Islamic scholars, the punishment of a crime suffered in the world covers the sins of this crime and lifts the punishment of this sin in the Hereafter.
About this topic, Prophet Muhammad (PBUH) said: Whoever commits one of the crimes and gets its punishment, this is his atonement. Ömer Nasuhi Bilmen - Hukuki İslamiyye ve Istılahat-ı Fıkhiyye K. C: 1, p. 33.
It is because the main aim in punishments is betterment that if the culprit shows regret having committed the crime, generally the punishment is not carried out. That is because in this situation the essential aim of punishment is realized.
Prophet Muhammad (PBUH) said to someone who himself came and confessed that he committed burglary: I do not think that you committed burglary. (1)
In the same way, when someone among the Companions named Maiz came to the Prophet and confessed with a deep remorse that he committed adultery, the Prophet said to him: Think carefully. You may not have committed adultery, may have just kissed or something like that. And he thus wanted him to withdraw his confession. However, Maiz insisted on his statement. And he was eventually sentenced to the punishment of adultery. (2)
Here I want to emphasize something; in both of these two instances, the crime is not certain, because there is no one who saw or knew that the crime was committed. The culprit himself confesses and declares his crime out of penitence. Without the declaration of his, it is not legally possible to attribute the crime to him.
For this reason, when he saw that they were remorseful for what they did, Prophet Muhammad (PBUH) did not want them to confess their crimes themselves and make them legally proven. He saw it sufficient for them just to repent and ask for forgiveness themselves.
However, in a case of crime, which is proven for sure with proofs and witnesses without the need for the culprits declaration, the situation is different. The culprits feelings of repentance are not important here.
For in punishments given to the crimes, whose retributions are certain according to the Sharia, the interests of the community are essential, more than those of the culprit. In order for such grave crimes not to proliferate in the community and not to cause mischief and unease, whatever the condition of the culprit, the punishment of the legally proven crime is carried out, except for atonement, though. That is because in atonement, the parents of the murdered have the authority to forgive the culprit. And in Quran, this forgiveness is encouraged.
However, in crimes whose punishments are left to the discretion of the judge, the condition of the culprit is essential. If the judge decides that the culprit shows signs of betterment, he may cancel or alleviate the punishment. Surely, the interests of the public must also be kept in mind.
(1) Ahmet b. Hanbel, Baki Müs. Ensar, 21480 (2) Muslim, Hudûd, 22; ash-Shevkânî, Neylül-Evtâr, VII, 95,109; az-Zeylaî, Nasbu`r-Râye, III, 314 etc.
6-)
Why is the delinquent punished according to Islam?
In punishment, various viewpoints have been prevalent throughout the history and the goals of punishments have been determined in the light of those viewpoints. In the West, approximately up until the 18th Century, the goals of punishments were just intimidation, revenge, and exposure. Burning, crucifying, amputation, bone breaking, burning with a hot iron bar, etc. were among the mostly seen styles of punishment.
Moreover, in those times, punishments were not suitable for crimes. The death penalty could sometimes be applied for even for the simplest crimes. According to the British Criminal Code, up to 200 crimes were punished with the death penalty until the 18th Century. According to the French Criminal Code, on the other hand, 215 different crimes were punished by death penalty. Furthermore, many of those were petty crimes.
Gradually, the aim of personal revenge was replaced by social and divine revenge. In social revenge, intimidation is sought; in divine revenge, the atonement of the crime. Since the 18th Century, thinkers in the West have struggled with the aim of revenge in punishments and tried to replace it with other aims.
AIMS OF PUNISHMENT IN
islam
In Islamic Jurisprudence, the aim of punishments is not to tyrannize over, to torture or to take revenge on the culprit; that is because Prophet Muhammad (peace and blessings be upon him) was not sent to terrorize or to oppress people, but was sent as a mercy to the worlds.
As is understood from religious pillars (Quranic verses and Hadiths) and from the expressions of mujtahids-Islamic scholars, the effects Islam aims at in punishments are as follows:
1. To prevent crime in general
In practicing punishments in Islamic Jurisprudence, the functions of serving as a lesson and of preventing committing crime are essential. In other words, Islamic punishments have such a nature as to prevent crimes before committed and to serve for others as a lesson so that their tendency to commit crime is broken.
For this reason, big punishments in Islam are carried out in public. It is closely concerned with human psychology that punishments are carried out openly in public.
The functions of serving as a lesson and of preventing crimes are achieved in the best way by carrying out the punishment in public. Thus, the communitys feelings of hatred for crimes and of blaming are always kept awake. Nobody wants to be like the culprit and to fall into such a shameful situation before the public. And this feeling breaks the tendency toward crimes.
2. Personal Prevention
In Islamic punishments, the betterment of the culprit is also aimed at. Punishments are carried out to improve the morals of the culprit and to ameliorate him by training so that he will not commit crimes again.
In Islam, punishing is as if a father is training his child, or a doctors treating his patient; it is not to tyrannize over, to torture or to take revenge on the culprit.
3. Atonement
The punishment of the crime is atonement, which is the requisite for the absolute justice. Punishment provides absolute justice by getting the culprit to compensate for and to pay back the equivalent of the crime. The wronged party is thus satisfied and calmed down; security and peace are maintained in society. For this reason, Prophet Muhammad (PBUH) said in one of his Hadiths:
A punishment carried out in order to realize justice over earth is better for the people of earth than 30 mornings with rain.
Ibn Hanbal, Musnad, II, 402.
It is a requisite of justice to respond to a wrongdoer with the wrong he perpetrated. In Quran, this point is highlighted this way:
The recompense of an evil deed can only be an evil equal to it; but whoever pardons and makes reconciliation, his reward is due from God. Surely He does not love the wrongdoers.
(Ash-Shura Surah, 42:40)
As is seen, it is just to punish a wrongdoer according to the measure he deserves. However, it is a special virtue for the offended to forgive the culprit.
In punishment, fittingness is also required. In other words, the punishment given must be fit to and suitable for the crime committed. It would be a source of cruelty and unease in community for the punishment to be heavier in comparison to the crime, not of justice. It is also a great favor and mercy on the part of the culprit for the punishment to be atonement, because, according to many of Islamic scholars, the punishment of a crime suffered in the world covers the sins of this crime and lifts the punishment of this sin in the Hereafter.
About this topic, Prophet Muhammad (PBUH) said:
Whoever commits one of the crimes and gets its punishment, this is his atonement.
Ömer Nasuhi Bilmen - Hukuki İslamiyye ve Istılahat-ı Fıkhiyye K. C: 1, p. 33.
It is because the main aim in punishments is betterment that if the culprit shows regret having committed the crime, generally the punishment is not carried out. Thats because in this situation the essential aim of punishment is realized.
Prophet Muhammad (PBUH) said to someone who himself came and confessed that he committed burglary: I do not think that you committed burglary. (1)
In the same way, when someone among the Companions named Maiz came to the Prophet and confessed with a deep remorse that he committed adultery; the Prophet said to him, Think carefully. You may not have committed adultery, may have just kissed or something like that. And he thus wanted him to withdraw his confession. However, Maiz insisted on his statement and eventually sentenced to the punishment of adultery. (2)
Here I want to emphasize something; in both of these two instances, the crime is not certain, because there is no one who saw or knew that the crime was committed. The culprit himself confesses and declares his crime out of penitence. Without this declaration of his, it is not legally possible to attribute the crime to him.
For this reason, when he saw that they were remorseful for what they did, Prophet Muhammad (PBUH) did not want them to confess their crimes themselves and make them legally proven. He saw it sufficient for them just to repent and ask for forgiveness themselves.
However, in a case of crime, which is proven for sure with proofs and witnesses without the need for the culprits declaration, the situation is different. The culprits feelings of repentance are not important here.
For in punishments given to the crimes, whose retributions are certain according to the Sharia, the interests of the community are essential, more than those of the culprit. In order for such grave crimes not to proliferate in the community and not to cause mischief and unease, whatever the condition of the culprit, the punishment of the legally proven crime is carried out, except for atonement, though. That is because in atonement, the parents of the murdered have the authority to forgive the culprit. And in Quran, this forgiveness is encouraged.
However, in crimes whose punishments are left to the discretion of the judge, the condition of the culprit is essential. If the judge decides that the culprit shows signs of betterment, he may cancel or alleviate the punishment. Surely, the interests of the public must also be kept in mind.
(1) Ahmet b. Hanbel, Baki Müs. Ensar, 21480
(2) Muslim, Hudûd, 22; ash-Shevkânî, Neylül-Evtâr, VII, 95,109; az-Zeylaî, Nasbu`r-Râye, III, 314 etc.
7-)
“Fear the curse of the person you hurt and whose heart you break.” Is it a hadith?
We could not find a hadith narration similar to the one mentioned in the question.
However, it can be said that the statement above is based on a large number of hadith narrations that “order us to help the oppressed and to avoid being cursed by them”. (see Wensinck, al-Mu’jam, “zlm” article)
For example:“اتّقِدَعْوَةَالْمَظْلُومِفَإِنَهَالَيْسبَيْنَهَاوَبَيْنَاللَهِحِجَابٌ”
“Fear the curse of the oppressed because there is no obstacle between the curse of the oppressed and Allah.”(Bukhari, Zakah 63, Jihad 180, Mazalim 30, 35; Maghazi 60)
It is regarded as oppression to break someone’s heart unjustly and that person becomes an oppressed person; that is, he has been oppressed. Accordingly, the person whose heart is hurt becomes the oppressed, and the one who hurts becomes the oppressor.
When we look at the issue from this point of view, it can be said that the expression in the question is one of the hundreds of meanings of the statement “Fear the curse of the oppressed”, which is mentioned in the hadith above and similar ones.
People usually pray for the people who do them favors, asking them to be rewarded by Allah. The joy and excitement felt in the hearts as a result of a favor always leads one to prayer. Even if nothing is said verbally in the face of a favor, the state of contentment experienced or reflected by body language is a kind of prayer and every favor will definitely be rewarded.
Evil and injustice do not go unreciprocated, just like good deeds. Sooner or later, they will definitely be reciprocated in this world or in the hereafter.
When people are hurt, or when they are exposed to injustice, persecution or are victimized, they want to get their due from the other party. When they cannot get their due, they look for an authority to get it. Sometimes when they cannot find an authority to get their due and when sometimes there is an imbalance between crime and punishment and the punishment that is given does not satisfy the victim, they leave the punishment to Allah. He takes refuge in Allah with the feeling of being oppressed caused by his helplessness and wants the oppressor to be punished by the divine authority.
Moments of victimization are the moments when a person is the weakest and takes refuge in Allah with the sincerest feelings. In such cases, the excitement felt while remembering Allah, the power attributed to Him, and the feelings triggered by the expectations are at their peak.
While stating that there is no spiritual veil or barrier between Allah and the curse of the oppressed and the victim, the Prophet (pbuh) touches this fine point. That is one meaning of the threat “Fear the curse of the oppressed.” That moment is the weakest moment of the oppressed. He is at the peak of his feeling of weakness; he is at the peak of his need and feeling to take refuge in Allah. Since the servant experiences such intense emotions in rare moments, responding to the requests coincides with the demand and it is instantly answered.
Therefore, it is necessary to fear the damnation and curse of the oppressed. The end of the person who is cursed by the oppressed when he complains to Allah about the oppressed and wants something will not be good.
It is also an issue of not harming the oppressed, not oppressing the weak, and protecting them. No one should try to oppress weak people, usurp their rights and oppress them by benefiting from their helplessness.
As a matter of fact, Allah states the following in a sacred hadith:
“O my servants! I have rendered oppression haram for Myself and have forbidden it among you; do not oppress one another!”(Musnad, V, 160; Muslim, Birr, 55)
It is reported that the Prophet (pbuh) advised us to pray by saying, “O Allah! I seek refuge in You from poverty, famine, humiliation, oppressing and being oppressed” (Musnad, II, 540) and that he prayed in a similar way.(Musnad, II, 305, 325; Abu Dawud, Adab, 3)
It is reported that the Messenger of Allah (pbuh) said in a hadith, “Do not oppress others and do not cause yourselves to be oppressed” and that he repeated it three times. (Musnad, V, 72)
In a hadith,those who are killedwhile defending themselves and their property against unjust transgression are consideredmartyrs.(Musnad, I, 305; II, 205)
In another hadith, it is stated that a person who is killed unjustly will be in Paradise.(Musnad, II, 221, 224; Nasai, Tahrim, 22)
On the other hand, in some hadiths, sinfulness and unjust acts are considered as “oppressing oneself”. In verse 32 of the chapter of Fatir, the phrase “oppressing oneself” is explained in a hadith as follows: Those who do evil will eventually have wronged themselves because they will be punished for it on the Day of Judgment.(Musnad, V, 194, 198; VI, 444)
It is stated that the Prophet (pbuh) advised us to ask Allah’s forgiveness by saying, “My Lord! I have wronged myself a lot” and that he said, “O Allah! I have wronged myself; I confess my faults and ask You to forgive all my sins” in one of his long prayers, (Bukhari, Adhan, 149)
Let us try to comply with the following prayer of the Prophet:
“O Allah! I seek refuge in you from the tiredness and troubles of journeys, from returning badly, from falling into bad states from good ones, from the curse of the oppressed, from bad things that will happen to my property and family.”(Ibn Majah, Dua, 20; Tirmidhi, Daawat, 42)
8-)
If Muslims violate the rights of non-Muslims, are they held responsible?
If a Muslim obtains or eats unjustly something belonging to a non-Muslim, he will be accounted for it in the hereafter unless he pays for it in the world. The non-Muslim will take his right from him.
For instance, if a Muslim steals something belonging to a Christian and does not pay for it, he will be accounted for it in the hereafter. If a thief is not punished in the world and does not return the thing to its owner, he will be held responsible in the hereafter. For, it is the violation of a person's rights. If he does not pay for it or if the owner does not forgive him, his responsibility will go on in the hereafter. Accordingly, a Christian whose belongings are stolen will demand his right and take it from the Muslim who stole it.
(see Halil GÜNENÇ, Günümüz Meselelerine Fetvalar, II/299)
9-)
Are violation of personal rights in question between Muslims and non-Muslims living in Europe / foreign countries?
It is not permissible to violate rights of others even if they are unbelievers. Our religion does not differentiate between Muslims and unbelievers regarding personal rights.
If the state gives you some money because you are unemployed and if you are not supposed to be paid any money under normal conditions since you work, it is not appropriate to get this money by giving a false declaration.
Personal rights are a person's own rights; so, it is necessary for a person to be careful about personal rights of both Muslims and non-Muslims. A person who wrongs others will be accounted for it in the hereafter.
According to Abu Hanifa and Imam Muhammad, it is not permissible for a Muslim who is in a non-Muslim country to deceive both Muslims and non-Muslims and to grab the property of both Muslims and non-Muslims. For, the religion of Islam is a religion of tolerance and virtue; therefore, it forbids treason, immoral and evil deeds everywhere.
For instance, if a person goes to Europe or to a non-Muslim country and finds something belonging to the state or to a person there, he has to give it to its owner. (Hidaya, II/66)
10-)
Does death penalty exist in Islam? Are there examples of it?
Death penalty is given to a married person who commits adultery and a person who kills a Muslim. That is, a person who kills is killed. Besides, the people who revolt against the state and cause mischief can be killed if the judge deems it appropriate.
In hadiths, the penalty of stoning (rajm) is mentioned but this penalty has always been a controversial issue among scholars. During the Ottoman period (that is, in six hundred years), only one incident of rajm took place; in that incident, the sheikh al-Islam resigned saying, "I cannot issue a fatwa about it."
Islam aims to eliminate harmful things like hatred and blood feuds among people. In Islam, there are three decrees related to a person who kills another person:
1. If the killer is forgiven by the family of the person who was killed, he is freed.
2. The family of the person who was killeddemands "blood money". They may forgive the man when they get the amount they want. The killer is freed.
3. The family of the person who was killed demands retaliation (blood for blood). Thereupon, "the Islamic state" executes the killer. There will be no blood feud because the state executes the killer. Thefamily of the person who was killed cannot object and does not try to take revenge because the killer was executed.
11-)
Is it possible for a child who was born as a result of fornication to be a saint?
An illegitimate child can be a saint.
As a matter of fact, there are so many saints whose fathers are unbelievers; there are also many people who denied Allah for years, then believed and became saints through righteous deeds.
Why should an innocent child who was born as an illegitimate child due to the sin of his parents not be a righteous person, a saint and a perfect believer?
The following is stated in the Quran:
"...Verily the most honored of you in the sight of Allah is (he who is) the most righteous of you..."(see al-Hujurat, 49/13)
A crime makes a person who commits it responsible. The responsibility of a person cannot be loaded on another person.(see al-An’am, 6/164; al-Isra, 17/15; Fatir, 35/18; az-Zumar, 39/7; an-Najm, 53/38)
The Prophet (pbuh) said, “Every child is born with a true faith of Islam...” (see Bukhari, Janaiz 92)
Thus, a child who is born as a result of an illegitimate intercourse has no responsibility, sin or preference in it.
In that case, such a child is innocent like every other child.
According to our religion, the race, language, color and lineage of a person who surrenders to Allah and believes in Him heartily, who has the consciousness of responsibility and who acts honestly and virtuously are of no significance. They are not and cannot be means of superiority. For, superiority is obtained through acquisitions afterwards, that is, through “taqwa”.
Allah does not look at our wealth and shapes but at our belief and righteous deeds. (see Muslim, Birr 10)
As it is dealt with in detail in fiqh books, issues like whether the deed of fornication brings about prohibitions related to marriage, the father of the illegitimate child, whether an illegitimate child can be deprived of any rights related to public works and services were discussed.
It is necessary to see the discussions on the illegitimate child as efforts of settling the consciousness that fornication is a major sin and a clear evil that threatens the structure of the community without harming the principle of Islam thata crime makes a person who commits it responsible.
For more information, please click on the links given below
12-)
What is self-compassion from an Islamic point of view?
Self-Compassion is a new concept used in psychotherapy in the West. It is used in the sense that a person accepts himself, his body, spirit, character and past as they are, that is, without humiliating or judging. It also means that if the person makes mistakes and has flaws, he will think that they are human and will make an effort to correct them, but he will not punish himself for his mistake.
In short, self-compassion is a concept that wants a person to treat himself with compassion and affection, just as he treats a friend.
At the heart of the acceptance of this concept in Western culture is the new understanding of man, developed by the distorted Christian faith against the belief that man is inherently sinful and evil because the ideology of modernism and capitalism, together with the Enlightenment in the West, has produced a new superior human type in response to this human understanding of Christianity. This human type is a very hard working, very intelligent, very successful, constantly competing for success, high self-confidence, superior person; he will survive and be happy. The economic and social system has also been organized accordingly.
However, the Supreme Creator created everyone with different abilities and nature. The key to the happiness of the person in this world and the hereafter is that he recognizes his creator in the first place, obeys Him, carries out His orders, and acts within the circle He has drawn. In addition, it is possible for man to live peacefully in the world, with the consciousness of being sent to the world as a vicegerent of the world created in the most beautiful mold and showing the thousand names of Allah, and to consider himself valuable within this framework.
Because Western culture has shown happiness to be in success, financial opportunities, in mind, and in crushing other people, today's man who has not been able to reach them began to see himself as worthless, useless, incompetent and diffident.
We see the most concrete example of it in the work “Metamorphosis” by the German writer Franz Kafka. In the story, Gregor Samsa, who is only valued by those around him with a material eye, wakes up one morning and sees himself to have transformed into an insect. Interestingly, his family does not find this situation odd and sweeps him away so that the insect does not bother them any more.
The West swept, not man but, humanity's high values and threw them away. Now they are looking for solutions.
Today’s man who grew up with Western values, sees being valuable in success, wealth, high self-confidence even if he does not live in the West because he does not know the value of the divine art he has on himself. And without them, one sees himself as worthless, which makes him cruel to himself.
Sometimes, because man’s kith and kin make suggestions causing him to feel bad, that person can become overly critical of himself over time. For example, if a child’s father, mother or teacher told him in the face of a mistake, "You're an idiot; you've accomplished nothing; you're clumsy, you don't understand again, you're useless, you won’t be able to do it again", that person will make cruel criticisms of himself in the future, and he will regard himself as incompetent and worthless.
In that case, the person judges himself unfairly in an exaggerated way because of the negative memories and experiences he remembers from his past. For example, he says, "I am stupid, incompetent, unsuccessful, bad, deserve all kinds of insults, etc." He compares himself to others and even punishes himself.
Such a person is cruel to himself, while tolerant of the mistakes that someone else has made. For example, he consoles a friend who makes a mistake or fails an exam, or does not achieve the level he wants in business life, or even does not find peace in married life. However, when he is in the same situation, he criticizes himself mercilessly. He acts as if he is an enemy of himself, constantly making negative judgments about himself.
Some of the incidents he encounters in everyday life trigger such negative emotions and push the person back into incompatible behavior and disrupt his mood. Because he denies or does not see his own abilities given by Allah, he ultimately begins to act like a bad person, or really like an idiot. Or, these negative feelings will make him act negatively against his surroundings. This person becomes angry, aggressive, quick to react and too sensitive. He truly believes he cannot do anything, and he gets results as he believes.
There is a big gap between the reaction of such a person and what causes the reaction. For example, in the face of the smallest problem in traffic, he argues, fights and rages. Or he does not think he is worthy of being loved; he thinks he will not be loved by anybody. That is why he does not want to get in touch with people.
This is where the concept of self-compassion arises. Western psychologists clung to the concept of Compassion in Eastern culture and Islamic belief in order to save people from this impasse. In the past, people said that the superior person was a successful person but they now began to suggest that people should love and value themselves regardless of their ability, job, physics and economy.
As people of culture who say "We love the created because of the creator", we should never humiliate ourselves because of the socio-economic situation, the background of the family, personal talents, education, body structure, race, etc. We must not listen to our inner voice, which gives us negative emotions. We must act with the awareness that they are delusions from the devil because none of them make you worthless. A person gets his value primarily from his belief in Allah. For, “Belief makes man into man, indeed, it makes him into a king.” (Nursi, Sözler, 23. Söz: The Words, 23th Word)
If a person has belief, that person is the vicegerent of the earth and the king of the universe.
Here, a person should not consider his body as his property. It is something entrusted to him by of Allah. He should show the same compassion to himself as he shows compassion to all living things created by Allah.
Islam encourages self-compassion in this context more than other religions and teachings. It commands us to be good to ourselves.
In this regard, the Islamic scholar Shams Tabrizi states the following:
“If you expect respect, attention, or love from others, you owe them to yourself first. It is impossible for someone who does not love himself to be loved. When the world sends you thorns even though you love yourself, be happy. It means it will be sending roses soon.”
Since man is the most honorable creature, he must act dignifiedly and worthy of it, remembering that he is the vicegerent of Allah on earth in every step he takes, every breath he takes and every work he does. Even if a person is impoverished, slandered, imprisoned, or even taken prisoner, he must never stop acting like a high-headed, courageous and confident vicegerent.
13-)
Was sexual intercourse with female slaves of war (concubines) before they were divided up?
First of all, we should state that there is no concubinage today.
No, sexual intercourse with a prisoner of war is not permissible; it is haram. A soldier who rapes a captive woman can be sentenced to flogging or death penalty.
During the periods when concubinage was in question, girls and women captured by the enemy during the war were taken as “concubines”. Since they were considered booty by law, they were given to the warriors in need of maids by the Islamic state. From that moment on, the “concubine” was considered a part of the family and a member of the family and was treated accordingly. The “master”, the owner of the concubine, could employ her in personal services and household chores; if he wished, he could have sexual intercourse with her without the need for a wedding ceremony.
After this short information, let us deal with the issue in the question:
In the Expedition of Sons ofMustaliq (Muraysi), which took place in Shawwal of the 5th year of the Hijrah (February-March 627), 200 families were taken prisoners from the enemy and divided among the warriors.
The issue mentioned in the question took place after that sharing. That is, it is related to the concubines given to the warriors.
“After the war, the captives were divided up among the warriors and handed over to them. Camels and sheep were also divided. One camel was regarded as equal to ten sheep. Each cavalryman received two shares, one for the horse and one for himself, and each infantryman received one share.” (1)
When the Prophet (pbuh) married Juwayriyya, the daughterof Harith b. Abu Dirar, the chief of the tribe, most of the Companions released their captives without any ransom, and some captives were released with a ransom in exchange for six shares of the booty.
Although there is not a single verse in the Quran related to the enslavement of people, the emancipation of slaves was encouraged on various occasions; it was decreed that some of the state revenues would be allocated to the emancipation of slaves; in addition, emancipation of slaves was made obligatory due to some crimes such as oath breaking and killing.
The reason why Muslim jurists accepted enslavement as a regulation regarding captives was because it was an international custom at that time. However, Islam made the treatment of slaves extremely humane, as many Western researchers who were interested in the subject admitted; Muslims did not subject their slaves to harsh treatment as in the Western world, but regarded them as members of their own families. (2)
Based on the rule of retaliation, when necessary, Islam forbade the ill-treatment of captives, even though they were given the status of slaves. As a matter of fact, if Muslim hostages are killed, non-Muslim hostages cannot be killed by means of retaliation. (3)
1) see Vaqidi, Maghazi, 1/410, Ibn Sad, Tabaqatul-Kubra, 2/64; Ibn Sayyid, Uyunul-Athar, 2/93; Diyarbekri, Tarikhul-Khamis, 1/470, Halabi, Insanul-Uyun, 2/585.
2) Murray Gordon, L’Esclavage dans le monde arabe (transl. Colette Vlérick), Paris 1987, pp. 20-21, 24-25; E.R. Toledano, Osmanlı Köle Ticareti: 1840-1890 (transl. Y. Hakan Erdem), Istanbul 1994, pp. 3-6.
3) Ibn Abidin, Raddul-Muhtar, Cairo 1386/1966, 4/265.
14-)
Is it permissible for a person to kill somebody or a thief who enters his house without permission?
A person who is attacked for his life or property or with the intention of raping, he/she has the right to defend himself/herself and prevent the attack. He/she can use this right by resorting to anything and even kill that person if he/she has nothing else to do. For, the person who is attacked uses his/her legitimate right of self-defense and it is a state of obligation. He/she has to prevent the attack with his/her own power, not with the authority of the public. When Ibn Qudama mentions a person entering a house to kill the landlord, he states the following:
"If the landlord has no other way of preventing the attack than killing, or if he is afraid that the trespasser will kill him if he does not kill him, he can kill the trespasser or hit him hard to break one of his organs. He does not have to pay diyah (blood money) due to wounding or killing him because he has done it to prevent the trespasser’s evil – just like rebels. The trespasser has obliged the landlord to kill him, which is like committing suicide. The same decree is valid for anyone who attacks a person to kill or to rob him..."1
The Conditions for Self-Defense:
There are some conditions for the state of self-defense, which makes it permissible to prevent an attack even by killing the attacker, to occur:
a) One’s life or property must be attacked or an attempt of raping must occur.
b) It must be impossible for the person who is attacked to take refuge in authorities or security forces.
c) There must not be any other way of preventing the attack.2
The attack does not have to take place actually; it is enough to deduce it from the attitudes of the trespasser.3
The Legal Grounds for the Right of Self-Defense:
Islamic law gives immunity to one's life, property and honor and demands that they be respected. The Prophet (pbuh) states the following in a hadith:
"Everything of a Muslim is haram for other Muslims; his blood, honor and property. For this reason, the Muslim is under the protection of Islamic Law; a dhimmi (non-Muslim citizen) is like a Muslim in this regard."
The following statement of Hz. Ali expresses it: "They have signed the dhimmi deal so that their property will be like our property and their lives will be like our lives."4
Islamic Law declares that it protects human life, property and honor and that they are untouchable; therefore, Islam makes it obligatory for its members not to violate the rights of others; anyone who violates this obligation deserves to be punished.
It is the duty of the state to protect the rights and to prevent them from being violated; it is essential for the state to perform this duty; however, in cases when the attacked person cannot take refuge in security forces, Islamic law gives permission to the attacked person to protect himself even at the expense of the life of the attacker. The following hadith refers to the decree in question: Ya'la b. Umayya quarreled with a man; one of them bit the other's hand; and when he whose hand was bitten pulled his hand, the front tooth of the one who bit fell off. They applied to the Prophet (pbuh) to settle the case. The Prophet (pbuh) said,
"Do you bite like wild animals? There is no compensation to it."5
The following is stated in a hadith reported from the Messenger of Allah (pbuh):
"He who is killed while defending his life is a martyr; he who is killed while defending his family is a martyr; he who is killed while defending his property is a martyr."6
A Muslim becomes a martyr when he is killed only if he is right in his fight. The meaning of all this is as follows: Islamic Law gives a person who is attacked or is tried to be attacked the right of self-defense.
Legitimate Defense of Others andthe Basis for it:
The right to legitimate defense in the sense we have explained above is not valid only for the person who is attacked; it is also valid for others. That is, a person can prevent the attack on the life, property and honor of another person and can use the right of legitimate defense. The following sentence exists in al-Mughni:
"Others can also help a victim whose life, property or honor is attacked to prevent the attacker."7
The following statement exists in Ramli’s book called Nihayatul-Muhtaj:
"When there is no danger for a person himself but when there is an attack on others, the prevention of the attack is permissible or fard for that person as if he himself is attacked."8
The right of legitimate defense on behalf of others is based on two points:
a) Individuals are obliged to prevent bad deeds (illegitimate behaviors). The Prophet (pbuh) states the following:
"Whoever sees an evil should correct it with his hand; he who cannot do it should do it with his tongue and he who cannot do it should do it with his heart; that is what the one with the weakest belief should do."
Undoubtedly, attacking anyone is a bad, illegitimate and ugly act that should be prevented.
b) It is fard to help anyone who is persecuted and wronged. The Prophet (pbuh) said, "Help your brother, whether he is the oppressor or the oppressed." They asked, "We can help the oppressed, but how can we help the oppressor?" He said, "If you prevent him from oppressing others, you will help him." In that case, helping the oppressed means to support him and to prevent him from being harmed. Helping the oppressor means to prevent him from wronging others and hence from making mistakes and committing sins. There is no doubt that saving him from sins is the greatest help.
Is it a right or a duty?
When self-defense is legitimate, what is the decree about this legitimacy: Is it a right or a duty? In other words, does the person who is attacked have the right to choose between one of the two options: to fight off the attack by using all of his means, even at the expense of the life of the attacker or not to attempt to defend himself even at the expense of his own life? Is he obliged to try to prevent the attack even at the expense of the life of one of the parties? There are disagreements among fiqh scholars and various explanations regarding the issue; we will summarize them in the following paragraphs:
To Protect Life:
There are two views of scholars about self-defense in order to protect life. Ibn Taymiyya states the following:
"As it is known, it is permissible for anyone to fight off the attack on his life; this is definite in terms of the sunnah and consensus (ijma). 'Is it fard to prevent it by fighting?' There are two views to answer that question: Both views are reported from Ahmad b. Hanbal."9
However, Ibn Qudama, who is also a Hanbali fiqh scholar, cites only one view of Hanbali madhhab regarding the issue: "it is not fard". That is probably the view that he prefers. He writes the following:
"It is not fard for someone who is attacked for his life or property to defend himself." Then, he mentions an objection: "If it is said: You say that it is fard – according to one of the two views – for someone who is about to starve to death to eat if whatever he finds to eat; why do you not adopt the same decree regarding this issue?" We will answer it as follows: "When he eats it, he saves his life without hurting anyone else; he has to kill someone else to live in that case; and that is why self-defense is not fard."10
According to what Ramli says, it is not fard for a Muslim who is attacked by another person with the intention of killing to defend himself according to Shafii sect; what is more, it is sunnah to surrender. 11
In Hanafi madhhab, Imam Jassas states that self-defense is fard even at the expense of the death of the attacker and he does not mention another view of his madhhab. Jassas explains this view as follows: The attacker is a "baghiy (rebel/oppressor)". Allah orders us to fight baghiys. He continues as follows:
"If a person who is attacked by someone with the intention of killing is obliged to kill the attacker if he can; it is not permissible for him not to kill the attacker if he can. Allah states the following in the Quran:
"If two parties among the Believers fall into a quarrel, make ye peace between them: but if one of them transgresses beyond bounds against the other, then fight ye (all) against the one that transgresses until it complies with the command of Allah..." (al-Hujurat: 49/9)
In the verse above, Allah orders us to fight against those who transgress (baghiys); there can be no transgression worse than trying to kill a person unjustly."12
The view of the great fiqh scholar al-Jassas is the strongest view. There are other supports for the view mentioned above in addition to what he mentions: Islam forbids shedding blood unjustly because it means oppression and to cause mischief on the earth. Allah orders us to eliminate oppression and mischief. The surrendering of a person who is attacked means to surrender to the oppression, which cannot be permissible. Likewise, a person's life is not his own property, he has no right to risk his life by surrendering to anyone who attacks him unjustly -if he has the power to fight back.13
To Protect One’s Honor:
It is fard to prevent anyone attacking one’s honor (chastity) even at the expense of death. If a man wants to rape a woman, and if the woman cannot find any way of getting rid of him except killing him, it is fard for her to kill the attacker - if she can. For, it is haram for her to allow the attacker to fulfill his desire; to give up defense means “to give him the opportunity” and it is not permissible. Likewise, it is fard for a person who sees anyone trying to rape a woman to kill him - if there is nothing else to do. 14
According to Ibn Taymiyya, the husband can kill anyone who wants to rape his wife even if he has the opportunity to fight him off in another way. He states the following regarding the issue:
"... that is why, the husband can kill anyone who wants to rape his wife – in order to prevent him from raping. It is unanimously agreed that he can kill the transgressor if there is nothing else to do. It is the strong view that he can kill the transgressor even if there is something else to prevent him."15*
To Protect One’s Property:
It is not fard but a right to prevent attack against property. It is permissible for anyone whose property is grabbed to leave it or to give the attacker the goods that he wants without fighting.16 Likewise, it is also permissible for him to defend his property even at the expense of killing the attacker.17 According to what is reported from Ibn Umar, a thief entered his house and he drew his sword to attack the thief. If they had not prevented him, he would have hit the thief with the sword. 18
The view that I prefer is as follows: it is fard (a duty) for a person who is attacked for his property to prevent this attack even at the expense of killing the attacker because this attack is oppression, unjust assault and aims to disrupt law and order. The religion of Islam orders us to eliminate them. We cannot say, "The life of attacker or the attacked person is more valuable than the property," because the attacker transgresses not only the property of someone else, but also the boundaries of the religion that Allah orders to be respected, protected and maintained by Muslims. This transgression does not only intimidate the public and violate security but also violates the duty of "protecting people's property" which Allah has rendered a duty for people. If a person uses this right of defending his property and is killed while defending it, he becomes a martyr; there is no degree superior to martyrdom in the eye of Allah.
Legitimate Self-Defense is limited with the Criterion of Obligation:
The purpose of the defense against the transgressor is to prevent his transgression and evil; the purpose is not to punish him because what obliges the attacked person to exercise this right and to defend himself in person is the transgressor. It is necessary for the person who is attacked to exercise his right to self-defense beginning from the mild way up to the hardest one. Otherwise, he will be held responsible for the deeds that the legitimate defense does not render necessary because obligation makes it permissible for him to defend himself; obligations cannot exceed the criteria. There is no need to use the harder deed if it is possible to prevent the transgression with a milder deed. Accordingly, if possible, he should protect himself verbally and by calling others to help; if it is not possible, he should hit him; if it is possible to fight the attacker off by hitting him, it is not permissible to wound him; if he wounds the attacker, he will be held responsible. If he cannot stop the transgression by hitting the attacker, he should wound him but not kill him. If he kills the attacker when there is no obligation, he will be held responsible. If there is nothing else to do, he should kill the attacker; in that case, he will not be held responsible. If the person who is attacked is killed, he becomes a martyr. 19
However, if the attacked is unable to act in accordance with the sequence mentioned above, for instance, if he is afraid that if he frightens the attacker or calls others to help, he will killed by the attacker, it is permissible for him to injure and if necessary to kill the attacker; he will not be held responsible for doing so. In his book called al-Mabsut, Sarakhsi states that it is permissible for the person who is attacked not to start from the mild deed and not to comply with the sequence mentioned above due to the following principle: "In the situations where it is impossible to know the reality (the real nature of something), strong view is regarded as the reality."20
There is another issue: "If escaping guarantees survival, is it necessary for the person who is attacked to escape?" According to some scholars like Shafiis, he must escape because he can save himself without harming anyone else; and this is obligatory like eating carrion in case of starvation. According to some scholars, it is permissible, not fard, to escape because this is a legitimate self-defense; it cannot be fard. One of the two views of Hanbalis is like that. 21
The purpose of self-defense against the attacker is to prevent the attack; therefore, it is not permissible to follow and chase the attacker if he escapes because the attack stops when he escapes and the purpose is accomplished . However, if the offender escapes with a certain amount of goods, it is permissible to follow him and to take back the goods by using force.
Penal and Legal Responsibility in case of Legitimate Defense:
The legitimate right of defense or duty used in accordance with its limits and principles does not bring about any penal responsibility for the user because what he does is a permissible and free act; it is not qualified as a crime, and no penalty can be given to those who commit such a deed. 22
As for the legal responsibility, since the person who is attacked uses his right or duty based on the permission of the Islamic Law, such responsibility does not occur; that is the opinion of the majority of the scholars. According to Abu Hanifa, if the attacker is a child or a mentally ill person, the attacked person will have to compensate for the damages and injuries he causes. The evidence of the imam is as follows: The deeds of such people are not regarded as crime; self-defense against them becomes permissible due to an obligation; therefore, it does not exempt the attacker from paying for the damages he causes.23
Footnotes:
1. al-Mughni, Vol VIII, p. 330.
2. al-Mughni, Vol VIII, p. 330; Abdulqadir Udah, at-Tashri'ul-Jinai al-Islami, Vol I, p. 478 ff.
3. The Turkish Penal Code regulated the state of "legitimate self-defense" in the second paragraph of Article 49. This article determines the following conditions for the acceptance of legitimate defense as an excuse: a) The attack and transgression must be unjust. b) Self-defense must be in question. c) There must be contact and proportion between the attack and the defense in terms of time and severity. d) The attack must be toward life or honor (chastity). It was discussed in the doctrine whether attack on property gave rise to legitimate defense. (H.K.)
4. al-Mughni, Vol VIII, p. 445; Qasani, al-Badayi, Vol VII, p. 111; ad-Durrul-Muhtar, Vol I, p. 312.
5. Muslim, Sahih, Vol I, p. 312.
6. Imam Ahmad narrated it; see Jami'us-Saghir, Vol II, p. 544.
7. al-Mughni, Vol VIII, p. 332.
8. Ramli, Nihayatul-Muhtaj, Vol VIII, p. 23.
9. Ibn Taymiyya, Fatawa, Vol IV, p. 559.
10. al-Mughni, Vol VIII, p. 331.
11. Nihayatu'l-Muhtaj, Vol VIII, p. 23.
12. al-Jassas, Ahkamul-Qur'an, Vol II, p. 401.
13. The Iraqi Penal Code regards the right of legitimate self-defense as a right not as a duty; therefore, it leaves it to the preference of the victim. (article 43).
14. al-Mughni, Vol VIII, p. 331; Nihayatul-Muhtaj, Vol VIII, p. 22. It is fard for a woman to prevent rape even at the expense of killing the attacker; similarly, it is fard to prevent the attacker who wants to rape a person through the anus because sodomy is an ugly deed that the scholars unanimously agree to be haram. According to the majority of the scholars, a man who commits sodomy is killed whether he is single or married. The following is stated in a hadith: "When you find those who commit sodomy, kill both the active and passive person." al-Mughni, Vol VII, p. 187.
15. Ibn Taymiyya, Majmu'atul-Fatawa, Vol XV, p. 122.
* Turkish Penal Code. Article: 43. subclause: 2.
16. Ibn Taymiyya, ibid., Vol II, p. 202.
17. Ibn Taymiyya, Ikhtiyarat, p. 91; al-Mughni, Vol VIII, p. 329.
19. al-Umm, Vol VI, p. 31; al-Mughni, Vol VIII, p. 328; Fatawa, Vol IV, p. 222; Nihayatul-Muhtaj, Vol VIII, p. 24.
20. al-Mabsut, Vol XXIV, p. 50.
21. al-Mughni, Vol VII, p. 331; Nihayatu'l-Muhtaj, Vol VIII, p. 25.
22. Iraq Penal Code (article: 42) adopts the same view.
23. al-Mughni, Vol VIII, p. 328-330; Abdulqadir Udah, at-Tashri'ul-Jinai, Vol p. 480,
(see Hayrettin Karaman, İslam'ın Işığında Günün Meseleleri, Vol. 2, İslâm Hukukunda Zarûret Hali Bölümü.)
15-)
What are the five sacred things Allah entrusted to man?
These entrusted things are the universal values that are necessary to be protected in all heavenly religions: To protect the religion, to protect life, to protect lineage, to protect mind and to protect property.
The protection of thereligion, life, mind, lineage and property are binding things. They are divided into three levels:
1. Daruriyyat (Essentials): They are the affairs on which people’s religious and worldly life are dependent. Daruriyyat is the strongest level of affairs. If they cannot be ensured, corruption and separation can start in a community. The religion of Islam gives importance to the protection of these essentials.
It is obligatory to protect thereligion, life, mind, lineage and property and to eliminate the things that will cause them to be lost. Therefore, jihad was ordered to protect the religion, killing a person and committing suicide were forbidden to protect life, taking drugs and alcohol were forbidden to protect mind, fornication and slandering regarding chastity were forbidden to protect lineage, and theft and fraud were forbidden to protect property.
2. Hajiyyat (Complementary things): They are the affairs that people need related to the protection ofthe religion, life, mind, lineage and property, elimination of hardship and ensuring ease. If these affairs are not observed, problems will occur or the protection of the essentials will be risked. For instance, the permissions given related to travelling, the validity of salama and istisna contracts, the prohibition of the production and sale of alcoholic drinks and prohibition of stocking goods with the intention of profiteering are these kinds of affairs.
3. Tahsiniyyat (Embellishments): They do not form the affairs and they are not precautions related to them. However, they are affairs that help the protection ofthe religion, life, mind, lineage and property. Dressing well, obeying ethical rules are among these things.
Daruriyyat forms the first level, hajiyyat the second level and tahsiniyyat the third level. If they contradict one another, the one that is in the upper level is preferred to the one that is in the lower level (the first to the second, the second to the third, etc.).
16-)
What are personal rights and freedoms (rights of immunity / human rights) in Islam? Will you give information regarding the issue?
According to Islamic belief, man is a being equipped with perfect mental, bodily, ethical and spiritual faculties and abilities. Man is born sinless and clean, in a way that is suitable for all kinds of material and spiritual elevation. He is the most beautiful creature in terms of his outward appearance and inner world. The following is stated in the Quran:
“We have indeed created man in the best of molds.” (1)
Therefore, respect to man and service to individuals need to be accepted as basic philosophy and will. For, man is an official and vicegerent of Allah on earth. This specialty of him is stated as follows:
"Behold, thy Lord said to the angels: ‘I will create a vicegerent on earth.’" (2)
According to Islam, every human being is a slave of Allah. All human beings without exception have natural rights. However, those rights are his inborn rights due to becoming a human being. All human beings are like the members of one family. Nobility does not originate from birth but from ethical virtues and devotion to rights and duties. All human beings have equal rights no matter what race, class, profession or rank they have. Thus, every individual will regard others as members of the same family and treat them accordingly. No individual can be deprived of his natural rights due to the class, profession, race or gender he belongs to.
According to Islam, all people are equal in the face of law. A Muslim is no different from a non-Muslim as long as he fulfills his duties toward the state. (3)
Consequently, man is a slave of Allah and a nice trust of Him whether he is a believer or not. Therefore, man has honor and he deserves respect. It is the basic philosophy of Islam not to see any differences among people in terms of being human and to regard them as beings that have equal rights, duties and values.
Farewell Sermon is regarded as one of the most important sources of Islam in terms of human rights. As it is known, Farewell Sermon is the name given to the sermons the Prophet (pbuh) delivered during Farewell Hajj in Makkah, where he went for hajj, in the 10th year of the Migration. Farewell Sermon is not only the sermon delivered in Arafat on the day of Arafah (Dhul-Hijjah 10) but also the one delivered in Mina on the second day of eid. (4) The famous one among them is the one delivered in Arafat, addressing a congregation consisting of more than 140.000 people, men and women. This sermon summarizes man’s rights and duties as a basic law. Since the Prophet (pbuh) passed away three months after this sermon, it is his real will. (5)
Before the Prophet (pbuh) started his sermon before such a crowded congregation, he ensured silence through Jarir b. Abdillah and Rabia b. Umayya, one of the Companions, appointed criers who repeated the speech of the Prophet sentence by sentence, enabling the sentences to reach everybody; which technically means using loudspeakers. (6)
Now, we will quote some of the sentences from this important and universal speech, which is recorded as “Farewell Sermon” in the history of Islam and will try to explain the issues it contains:
”Praise and thanks be to Allah! We praise him, ask for His help, want from Him and turn to Him. We take refuge in Allah from the evil of our souls and our bad deeds. If Allah misguides a person, nobody can guide him. I witness that there is no god but Allah, that He is one and that He has no partners. I also witness that Muhammad is His slave and messenger."
"O slaves of Allah! I advise you to fear Allah and encourage you to obey Him. Thus, I want to start my words with the best thing:"
"O People! Listen to what I explain to you. For I do not know whether, after this year, I shall ever be amongst you again."
" O People! Your blood (lives), wealth, honor and dignity are sacred up to the day when you meet your Lord, as this place (Makkah), this month (Dhul-Hijjah) and today are sacred. Be careful! Have I conveyed it to you? O Allah! Be my witness!"
" Return the goods entrusted to you to their rightful owners."
"The usury of the Era of Ignorance has been laid aside forever; your capital, however, is yours to keep. Thus, you will neither inflict nor suffer inequity. The first usury I abolish is the one that is due to my father’s brother, Abbas ibn Abdulmuttalib."
"Every right arising out of homicide (blood feud) in pre-Islamic days is henceforth waived, and the first such right I waive is that arising from the murder of my nephew, Amir Ibn Rabiah Ibn al-Harith."
"The customs of Era of Ignorance related the city of Makkah have been abolished except the duty of guarding the Kaaba and providing water to hajjis."
"O people! Satan has lost all hope that he will ever be able to lead you astray in big things, so beware of following him in small things."
"O people! I advise you to show respect to the rights of your women and fear Allah about them. You have certain rights with regard to your women, but they also have rights over you. Treat your women well and be kind to them, for they are under your protection. Fear Allah about women."
"O people! Every believer is the brother of another believer. Nothing shall be legitimate to a believer that belongs to a fellow believer unless it is given freely and willingly. Allah gave everybody their due (in the Quran)."
"Do not go astray after me and do not try to kill one another. I leave behind me two things, the Quran and my example, the Sunnah, and if you follow these you will never go astray."
"O people, your Lord is One, and your father is one: all of you are from Adam, and Adam was created from soil. The noblest of you in Allah’s sight is the most god-fearing. An Arab has no superiority over a non-Arab except taqwa."
After the sermon ended, the Prophet (pbuh) asked that tremendous congregation,
”O people! They will ask you about me tomorrow. What will you say?" The Companions said,
"We witness that you have conveyed the prophethood of Allah; you have fulfilled the duty of prophethood and that you have given us advice." The Prophet raised his index finger toward the sky and lowered it toward the congregation three times and said,
"O Lord! Be my witness! O Lord! Be my witness! Let those who are here convey my words to those who are not here.” (8)
As it is seen, the Prophet (pbuh) started his sermon with the exclamation "Ayyuhannas (O people)!" after praising Allah. First, he attracted the attention of listeners and addressed the whole world.
This sermon is very important in that it mentions basic issues of Islam, and legal issues like the abolition of customs of Ignorance, equality, freedom, blood feuds, interest (usury), human rights, rights of wives and husbands in family law, will, lineage, fornication, debt and guarantee.
This sermon of the Prophet (pbuh) is not an ordinary sermon addressing only Muslims; it is a historical sermon involving humanity and a universal declaration of human rights.
The phrase "O people!" mentioned in 7-8 places and forming the paragraph openings in the sermon indicates the universal aspect of this sermon or declaration, that is, its inclusion of all people. For, this phrase aims to address not only the Muslims there but also non-Muslims, unbelievers, atheists, etc. who were not there. For, the word "nas (people)" is a general word containing all sane people whether a believer or unbeliever, Muslim or non-Muslim, who were present or absent. Therefore, that message was not specific to the people who were there that day; on the contrary, it was an open invitation to be conveyed to the whole world. The Prophet (pbuh) obtained a promise from the people there that they would accept the principles he declared and that they would convey them to others. He passed away three months later. (7)
Hz. Prophet (pbuh) suggested some social reforms in this sermon. The exploitation of the poor by the rich was forbidden and the interest added to the loan was abolished. Husbands were ordered to treat their wives well since they are their partners and helpers; the differences of race and country were abolished completely. An Arab has no superiority over a non-Arab because all humanity belongs to a single race actually. Besides, it is declared that lives, wealth, honor and dignity are sacred.
Hz. Prophet virtually summarized the religion of Islam in Farewell Sermon. Every issue took place in the triangle of Allah, man and other beings. People are regarded equal like the teeth of a comb. Immunity is provided for everything of man, his soul, life, wealth and thought. To sum up, this sermon introduced the rights of the people that they had lost.
Along with other issues, the following issues, which are of great importance in the life of individual and community, are emphasized in farewell Sermon:
1. Everybody’s life, wealth and honor are protected from transgression. 2. Nobody has the right to harm others. 3. All Muslims are brothers. 4. All debts will be paid but no extra amount (interest) will be paid in addition to the amount that has been borrowed. 5. Blood feuds and realizing justice personally are prohibited. 6. Women are life partners of men; therefore, they are ordered to be treated well; it is stated that women have the right to own wealth and property like men. 7. It is stated that people are equal irrespective of their race and color. 8. Deeds that harm family life like fornication are forbidden. 9. It is stated that the Quran was left as a trust to people and they are advised to adhere to it. 10. The calculation of days, months and years, which was a controversial issue among Arabs in the Era of Ignorance, were made clear; regarding some months halal and some months haram based on material interest and changing their places were prohibited; a year was determined to have twelve months. Besides, the sacredness of Makkah and places around it were pointed out. 11. It was emphasized that the entrusted things had to be returned to their owners.
The values Farewell Sermon added to human rights in terms of law are clear. It introduced certain religious, scientific, social, administrative, political and familial rights and duties. The importance of this sermon in terms of sociological history cannot be denied. The Prophet (pbuh) eliminated all of the customs and traditions of the Era of Ignorance in this sermon and declared his decrees about rights and duties, each of which was revolutionary.
On the day when this sermon was delivered, Islam addressed the world with its power and magnificence and stated that the Era of Ignorance ended with all of its dark sides and aberrations.
Thus, Farewell Sermon declared human rights to the whole world in 632; today, Westerners date human rights back to 1215, when the British accepted Magna Charta Libertatum (Great Freedom Contract). However, this contract includes certain rights between the king and Lords, who represented citizens, not between the king and citizens directly. Afterwards, human rights came to the fore with French Revolution in 1789 and the declaration of human rights was issued. Finally, Universal Declaration of Human Rights was issued by the United Nations in 1948. Even if the issue of human rights can be dated back to 1215, Farewell Sermon brought it forward in 632. Therefore, Farewell Sermon has a historical value. (9)
Farewell Sermon is a document that affected the world of law, politics and administration of the future in many ways. Since Muslims regard the Prophet (pbuh) as a model in their lives, his traces are seen in every field. It is possible to see the examples of the sermon in legal, economic and political fields. If it is examined carefully, it will be seen that the political protocol / ordinance that Hz. Ali wrote and sent to Malik b. al-Harith al-Ashtar, the governor of Egypt, when he was the caliph, was inspired by Farewell Sermon of the Prophet (pbuh). (10)
We wish to live in a world in which people respect the rights of one another and which is full of love.
Footnotes:
1. At-Tin, 4.
2. Al-Baqara, 30.
3. Alauddin Abu Bakr b. Masud Qasani, Badaius-Sanaii, Lebanon, 1974, Vol. 7, p. 100.
4. Kâmil Miras, Tecrid-i Sarih Terc. ve Şerhi, D.İ.B. Yayını, Vol. 10, p. 396.
5. Prof. Dr. Muhammed Hamidullah; İslâm Peygamberi, (Translated by M. Said Mutlu) İst., 1966, Vol. 1. p. 175.
6. Miras, ibid, Vol. 10, p. 396.
7. Prof. Dr. Hayrettin Karaman, Mukayeseli İslâm Hukuku, İst., 1978, Vol. 1, p. 46.
8. For the full text of Farewell Sermon, see Kâmil Miras, ibid, Vol. 10, p. 397-399; Prof. Dr. Muhammed Hamidullah, ibid, Vol. 1, p. 175- 177; Diyanet İlmî Dergi, Vol. 28, issue, 1, p. 3-6.
9. Prof. Dr. Osman Eskicioğlu, İslâm Hukuku Açısından Hukuk ve İnsan Hakları, İzmir 1996, p. 255, 256, 262, 263, 265, 269, 271.
10. Ahmet Gürkan, İslâm Kültürünün Garbı Medenîleştirmesi, Ankara 1975, p. 333.
17-)
What are the five sacred things Allah entrusted to man?
These entrusted things are the universal values that are necessary to be protected in all heavenly religions: To protect the religion, to protect life, to protect lineage, to protect mind and to protect property.
The protection of thereligion, life, mind, lineage and property are binding things. They are divided into three levels:
1. Daruriyyat (Essentials): They are the affairs on which people’s religious and worldly life are dependent. Daruriyyat is the strongest level of affairs. If they cannot be ensured, corruption and separation can start in a community. The religion of Islam gives importance to the protection of these essentials.
It is obligatory to protect thereligion, life, mind, lineage and property and to eliminate the things that will cause them to be lost. Therefore, jihad was ordered to protect the religion, killing a person and committing suicide were forbidden to protect life, taking drugs and alcohol were forbidden to protect mind, fornication and slandering regarding chastity were forbidden to protect lineage, and theft and fraud were forbidden to protect property.
2. Hajiyyat (Complementary things): They are the affairs that people need related to the protection ofthe religion, life, mind, lineage and property, elimination of hardship and ensuring ease. If these affairs are not observed, problems will occur or the protection of the essentials will be risked. For instance, the permissions given related to travelling, the validity of salama and istisna contracts, the prohibition of the production and sale of alcoholic drinks and prohibition of stocking goods with the intention of profiteering are these kinds of affairs.
3. Tahsiniyyat (Embellishments): They do not form the affairs and they are not precautions related to them. However, they are affairs that help the protection ofthe religion, life, mind, lineage and property. Dressing well, obeying ethical rules are among these things.
Daruriyyat forms the first level, hajiyyat the second level and tahsiniyyat the third level. If they contradict one another, the one that is in the upper level is preferred to the one that is in the lower level (the first to the second, the second to the third, etc.).
18-)
Is it possible to find glad tidings about forgiveness in the light of the verses of the Quran and hadiths?
It is possible to find some glad tidings about forgiveness in the light of the verses of the Quran and hadiths.
The pardoning and forgiveness by Allah are expressed through various means in the Quran; it is definitely shown that forgiveness is a divine attribute and a high ethical virtue. According to the Quran, the return for a bad deed is a penalty equal to it, which is a necessity of justice. No criminal is punished more than the harm he causes to a person or by a penalty more than the one expressed in the law for that crime. Such a penalty would be oppression.
On the other hand, if a person that is harmed forgives the criminal,
“his reward is due from Allah.” (ash-Shura, 42/40)
For, the person who forgives waives voluntarily his right to punish and does a good deed by forgiving.
Forgiveness is the closest virtue to taqwa, which forms the basis for all virtues. (see al-Baqara, 2/237) Therefore, the Quran states the following when it calls people to this virtue:
“Let them forgive and overlook, do you not wish that Allah should forgive you?”(an-Nur, 24/22)
All ethicists agree unanimously that a person who harms and wrongs another person can be forgiven by the person who is wronged and that it is a virtue. They also agree unanimously that a person cannot be forgiven by another person or institution unless the wronged person agrees.
In fact, it is pointed out in the Quran that forgiveness will motivate the feelings of thanking and gratitude(see al-Baqara, 2/52); the Prophet (pbuh) gave the following glad tidings:
“Allah definitely makes a person who forgives a bad deed honorable and mighty.” (Musnad, 2/235, 238)
“Wealth will not decrease when you do charity (give sadaqah). If a person forgives the mistakes of others, Allah will increase his honor. A person’s honor will not decrease when he forgives a mistake.”(Musnad 2/235)
"If a Muslim screens the sins and mistakes of a believing brother and the things that he does not want others to see, Allah will screen his mistakes on the Day of Judgment. If he shows and reveals the sins and mistakes of a believing brother and the things that he does not want others to see, Allah will reveal his mistakes. Allah will disgrace him even in his own house. A person who screens the mistakes of a believing brother is like a person who revives a dead person." (Bukhari, Mazalim, 3; Muslim, Birr, 58; Tirmidhi, Birr wa Sila, 85)
“On the Day of Judgment, there will be a caller who will call out, 'Where are those whose thawabs are on Allah? Let them enter Paradise!' People will ask 'Who are those whose thawabs are on Allah? ' Thereupon, only those who forgave others will stand up.”(Alusi, Ruhul Maani, 2/58; from Elmalılı, Aa-li Imran interpretation of verse 134)
Raghib al-Isfahani states that the happiness obtained by forgiveness cannot be obtained through punishing and that this virtue will make a person respectable in the community; he describes preferring forgiveness despite having the power to punish as a respectable deed. [see adh-Dhari'a ila Makarimish-Shari'a (published by Abul-Yezid al-Ajami) Cairo 1405/1985, p. 344]
Therefore, the importance of forgiveness is great in every issue, time and place. (see TDV İslam Ansiklopedisi, Af item)
19-)
Is it necessary to force non-Muslims to pay money?
The money taken from non-Muslims is a tax; it is called jizya in Islamic law.
Muslims took jizya in return for the protection of non-Muslims, and guaranteed to return the taxes they collected in cases where they could not protect them.
As a matter of fact, when Abu Ubayda b. Jarrah, Umar’s governor of Syria, realized that he would not be able to defend the people of Homs against Byzantium and had to leave the city, he returned the jizya he had collected. It is known that the same thing was done in other cities of Syria. The people of Homs spied on behalf of the Muslims due to that behavior of the Muslims and gave them the information they had gathered about the Byzantine army. (Abu Yusuf, Kharaj, 2/191-197)
The Prophet (pbuh) said that he would personally become an enemy on the Day of Judgment of anyone who persecuted and wronged the dhimmi, and burdened him with responsibilities beyond his power and took something from him against his will, apart from the instructions in the dhimmah treaties. He stated that such a person would be deprived of the smell of Paradise. (see Bayhaqi, as-Sunanul-Kubra, 9/205)
The Quran strictly forbids oppression of people regarding religion (see al-Baqara 2/256; Yunus 10/99; al-Kahf 18/29) and demands Muslims to have good relations with and treat fairly those who do not fight Muslims and do not expel them from their homes (al-Mumtahina, 60/8).
As for the details after this short information:
Islamic law has explained that people’s safety of life and property and the right to life should be respected, and it has clearly revealed the importance of human life and the sin of murder.
As a matter of fact, it is stated in the Quran that a person who kills another unjustly is regarded as if he had killed all people (see al-Maida, 5/32)
Similarly, it has been determined in fiqh how to act when the Islamic state seizes new lands.
Accordingly, when a non-Muslim place was conquered, an agreement would be made between the people of that area and the new owners of the area, called a dhimmah contract; thus, the non-Muslims who agreed to be subjected to the Islamic state and the rules imposed by it were called dhimmis.
The dhimmi law is based on the two main sources of Islam, the Quran and the practice of the Prophet (pbuh).
Dhimmi, means the person who is assured, taken under protection.
The Madinah Document, which the Prophet (pbuh) made with non-Muslims after he migrated to Madinah with the principle that there should be no compulsion in religion as stated in the Quran, includes important criteria that determine the principles of this law.
As a matter of fact, the Prophet (pbuh) gave the Jewish groups the guarantee of religion, conscience, property and life as per the agreement he made with them. Every person living in Madinah became a subject of the Islamic state, and these groups, which were responsible for defending the state against external attacks, were bound by their own legal systems within the state.
The agreement that the Prophet (pbuh) made with the Jews in Madinah was followed by the agreements he made with the People of the Book in other regions. In this context, the terms muahid, Jiwarullahi ve rasulihi, Biamanillahi wa amani Muhammad and ahl adh-dhimmah were used in the hadiths for the minority non-Muslims who made a deal with the Muslims.
The word dhimmi, which is mentioned in the chapter of at-Tawba and in some hadiths, became widespread beginning from the time of Tabi’un. The terms dhimmah and dhimmi were used in the Umayyad, Abbasid and Seljuk periods.
Certain rights and guarantees were provided to non-Muslims within the scope of dhimmah and millah practices. The Islamic state recognized the right of dhimmis to elect and raise their own clergy in principle and deemed the representative they determined legitimate and his decrees valid. It also reserved the right of dhimmis to apply to a Muslim qadi. Muslim qadis dealt with land dispute cases in particular. Muslim judges were authorized in disputes between non-Muslims and the state, or between non-Muslims and Muslims. In such cases, the judges would not discriminate between Muslims and non-Muslims and considered the parties equal.
Non-Muslims had absolute freedom of residence, apart from cyclical and religious exceptions; they had the right to settle in the regions they wanted, buy and sell goods.
Therefore, neighborhoods belonging to non-Muslims were established in Islamic cities. Non-Muslims lived in their own neighborhoods with their co-religionists and formed their neighborhoods according to their religious traditions. They had their own temples in the center of the neighborhood, and dwellings were built around those temples. Non-Muslims could produce and sell food and beverages in the neighborhood that were considered halal according to their religion though they were haram in Islam. Although no serious educational support was provided to the dhimmis who were excluded from formal education, there was no negative interference with their ancient system. Non-Muslims benefited from the social services provided by the state on an equal basis with Muslims.
Zakah collected from Muslims was distributed to the poor dhimmis along with Muslims. Non-Muslims were given nonrecourse loans from the state treasury for one or two years to be used in agriculture. Dhimmis had the right to work in whatever field they wanted. Since they were exempt from military service, they were engaged in trade and craft, and formed a wealthy and prestigious class. Occupations such as medicine, pharmacy, jewelry and money changing were generally performed by dhimmis.
Apart from the rights given to them, non-Muslims also had responsibilities. They paid jizya, tribute and tithe taxes.
Jizya was the tax levied on non-Muslim subjects because they were exempt from military service and for protection.
The tribute tax was levied on lands captured by war. Rates and form of collection of tax might differ by region and state.
Tithe was a trade tax collected once a year.
References:
- Lisanül-Arab, “jzy” item.
- Firuzabadi, al-Qamusul-Muhit, “jizya” item.
- Muslim, “Jihad”, 2.
- Abu Dawud, “Jihad”, 82.
- Tirmidhi, “Zakah”, 11.
- Ibn Majah, “Jihad”, 38.
- Abu Yusuf, al-Kharaj, pp. 41, 44-45, 55, 78-80, 131-132, 137-142, 149-150, 154-158.
- Abu Ubayd, al-Amwal, pp. 23-28, 30-31, 35, 39-44, 47-52, 54, 88, 183, 336 (hadith no. 44-60, 65-68, 77-79, 93-107, 117-129, 134, 231-234, 504, 959).
- Balazuri, Futuh (Ridwan), pp. 48, 71-96, 130-131, 143, 164, 210-218, 226-273.
- Yahya b. Adam, al-Kharaj, pp. 23-24, 66 (hadith no. 29, 31, 33, 224).
- Jassas, Ahkam al-Quran, III, 98-99.
- Mawardi, al-Ahkamus-Sultaniyya, Cairo 1393/1973, pp. 142-146, 149-150.
- Ibn Rushd, Bidayatul-Mujtahid, I, 346 ff.- Ibn al-Athir, al-Kamil, Cairo 1348, II, 201, 267-268; IV, 79.
- Ibn Rajab, al-Istiraj li-Ahkamil-Kharaj (publisher. Sayyid Abdullah es-Siddiq), Cairo 1352/1934, pp. 63-64.
- Abdulhay al-Kattani, at-Taratibul-Idariyya, I, 228-230.
- Muhammad Hamidullah, al-Wasaiqus-Siyasiyya, Cairo 1941, pp. 106, 161, 382, 387.
- Bilmen, Kamus, IV, 98-102.
- Salih Tuğ, İslâm Vergi Hukukunun Ortaya Çıkışı, Ankara 1963, pp. 96-99.
- Mustafa Fayda, Hz. Ömer Zamanında Gayr-ı Müslimler, Istanbul 1989, pp. 80-85, 109-164.
20-)
They slander me, what can I do?
If they slander you even though you are innocent, it is a thawab for you and a sin for them. You do not suffer any otherworldly harm in this matter; in fact, you benefit from it.
Besides, you should seek refuge in Allah and be patient, and remember that it is a means of testing.
On the other hand, being slandered unjustly is also a means of being freed of one’s sins.
What is meant by patience is not harming the slanderer or others with your hands or tongue. However, if you have evidence to prove the slander, you can use it, and you can use the means at your disposal to vindicate yourself and reveal the injustice.
We think it would be useful to pay attention to the following issues:
a) We should not be close to the subject of the slander. Otherwise, we may be accused. It is narrated that Umar (ra) said:
“If a person goes to suspicious places and is accused by people, he has no right to condemn anyone but himself.”(see Bayhaqi, Shuabul-Iman, 10/559; Ibn Abid-Dunya, as-Samt, 1/311)
b)It is not permissible to respond to slander with slander or to backbiting with backbiting.
c) Staying away from the environment from which the slander comes is a good precaution.
d) It is absolutely necessary to investigate whether the rumor of the slander is true or not because it is possible for the “slander” to be slandered as well.
e) Where people oppress, qadar realizes justice. It is necessary to consider this principle well. I wonder where I have disrespected Allah and He has allowed those slanderers. Therefore, the wisest way is to repent and ask for forgiveness a lot, to try to see our mistakes, and to enter into Allah’s protection after fully obeying Him.
May Allah protect us all from the evil of the devils, both human and jinn. Amin!...
21-)
Is it fard to pass the Palestine Protection Act?
The issue of passing the Palestine Protection Act for the Pakistani Parliament is to be considered within the framework of states’ capabilities, power, the cost-benefit balance, and their responsibility toward the Muslim community.
In Islamic law, “preventing oppression” is a fundamental principle. However, this prevention is to be evaluated in conjunction with measures such as capability, power, avoiding greater harm, and achieving results.
Therefore, if a state’s power is likely sufficient to stop oppression, it must certainly use that power and it bears such a responsibility.
However, if the outcome is uncertain or there is a risk that it could lead to an even greater catastrophe, then other measures (diplomacy, economic pressure, a full boycott, political initiatives) come into play.
This is the situation for many Islamic countries today. Türkiye and similar countries are trying to prevent oppression through diplomatic and political means rather than direct warfare because while the probability of achieving the goal of war is low, the resulting damage could be far greater.
The unity of Islam and the responsibility of heads of state
The stance of the Islamic world in the face of the injustices in Palestine and similar regions should be evaluated not only in terms of the capabilities of individual states, but also in terms of the unity and solidarity of the ummah.
In this context, the primary goal should be the realization of the unity of Islam by pooling the strength and resources of Islamic countries because when such unity is achieved, it becomes easier to prevent injustices, the protection of the oppressed becomes more effective, and the Islamic ummah can serve as a deterrent force.
If there are heads of state and officials who do not agree to such a unity and alliance, or who hinder its formation, this situation is considered not only a political choice but also a grave responsibility that indirectly contributes to the continuation of oppression.
In this respect, staying away from unity when the opportunity exists can ultimately mean indirectly paving the way for the continuation of oppression.
The responsibility of public opinion and people
Similarly, societies are not exempt from responsibility in this regard. While there is an opportunity to exert pressure on state leaders through legitimate channels, peaceful means, and by fostering an informed public to prevent oppression, completely abandoning this approach is also something to be considered from the perspective of the consciousness of being an ummah.
However, in all these evaluations, the essential point is that the actual state of power, the likelihood of the desired outcome, the balance of not causing greater harm, and the necessity of remaining within legitimate methods must always be taken into account.
Important note:
For example, even if a state possesses nuclear or highly destructive military capabilities, their use cannot be justified solely on the grounds of “having power” because such actions can lead to heavy civilian casualties and irreparable destruction in much wider geographical areas beyond the target country.
Therefore, states must always take into account the principles of proportionality, outcome analysis, and preventing greater harm in any intervention.
22-)
How can people's natural abilities be discovered and how should we direct children?
How can people's natural abilities be discovered and how should we direct children?
First of all, this is an issue of expertise. It is necessary to benefit from specially trained people regarding the issue. However, parents can reach a conclusion according to their own foresight and direct their child accordingly. For example, it is possible to observe the tendencies of a child to social studies or science in elementary school - by doing some tests. Besides, there may be many branches of science in a field in which a person is skilled. It is also possible to choose some or one of them and direct the child accordingly.
Since the parents observe the child the most, it will be appropriate for them to guide their child by sharing the child's abilities with experts.
Undoubtedly, it is necessary to consider the hereafter while guiding the child. So, it is partially up to people to develop not only worldly but also the otherworldly abilities. Man is not a robot. We believe that the following statements of Badiuzzaman Said Nursi shed light on the issue:
“A small example out of hundreds is as follows: A compassionate mother undertakes every sort of self-sacrifice so that her child should not fall into danger in this worldly life and should receive every sort of benefit and advantage; she brings him up with this in view. Thinking, ‘My son is going to be a Pasha,’ she gives him all her property, takes him from the Qur’an school and sends him to Europe. But it does not occur to her that her child’s eternal life has fallen into danger. She tries to save him from prison in this world and does not take into consideration his being sentenced to the prison of Hell. Reversing that innate compassion, she makes her innocent child a claimant against her in the hereafter, though he should be her intercessor. He will rebuke her saying: ‘Why did you not strengthen my belief and so cause me to be lost?’ In this world too, since he did not receive a proper Islamic upbringing, he cannot respond to his mother’s wondrous compassion in the way it deserves; in fact, he does so very deficiently.” (Lem'alar, Yirmi Dördüncü Lem'a)
