It is natural to want the Huddud (Laws of Qur’an and Sunnah) applied when one is experiencing so much death and tragedy as is happening in the Maldives.
But before the death penalty can be applied, the legal system must be absolutely objective. Unless there is a strong faith in the ability of the justice system, unless there is widespread faith that there are no incompetent judges or possibilities of bribery or subjectivity in the decision making procedure, it is a sin to implement Shariah Law which is a huge Amanah (trust) and MUST NOT BE TOYED WITH!
Before Maldives can implement Shariah, it MUST first establish widespread trust in the judiciary by through serious reform measures.
“O ye who believe! Stand out firmly for justice, as witnesses to Allah, even as against yourselves, or your parents, or your kin, and whether it be (against) rich or poor: for Allah can best protect both. Follow not the lusts (of your hearts), lest ye swerve, and if ye distort (justice) or decline to do justice, verily Allah is well-acquainted with all that ye do.” [An-Nisa 4:35]
The law as we know it is believed by many to be a shocking betrayal of the Quran’s Amr (command) to ensure absolute objectivity. Adhaalath and Al-Qisas (social justice and equity for all) are a MUST before Hadd can be applied!
What if your children were put to death for a crime that was made up? False charges occur very frequently.
What if the drug dealers and corrupt ones who control court rooms in much of the world killed your son or daughter on charges of “terror” or manufactured charges of murder, zina or anything – but all your children really did was try to prevent the drug dealers from harming people? And were killed for that based on false charges made up that they committed zina?
As the Ummah is as one body, and one feels the pain of every other, I cannot but help fend for the potential victims of injustice under a system which sees the rich and powerful use the legal system to exterminate their enemies unjustly.
Think about all those who stood up against tyrants in world history, and imagine if they had of been killed by the State in the name of Islam even though they were fighting for True Islam which is Peace and Justice.
Real peace cannot exist in the absence of justice – how many crimes were manufactured against the activists of history?
It seems that in the system we have, to be a Muslim, which implies standing up for the downtrodden, sick and oppressed, is to sacrifice yourself. This is because truth suffers in this unjust world, but that suffering must be embraced for others if one is to be a person of true leadership, as a leader is called to be ‘a shield for others’ (in Sahih Muslim, Book of Government.)
In many societies, the real criminals walk away from the courts – and in fact control the courts, and that does not look like it can be changed!
So, the killers and the drug dealers will be killing the innocent and oppressed in the name of implementing Islamic Law. Does that sound like Islam to you? That is serious Fitnah (dissension) from Islam…
The Hukm (Law) is deeply sacred, it is a massive Amanah (trust) which must never be taken lightly or under estimated.
Allah is Al Quddus, the Holy, and every injustice is made right in the Qiyamat. Read the Hadith about what is in store in Jahannum for Muslim leaders who missapply the Shariah Law for political ends, or for the wrong Niyat.
A judge is to be held accountable for his motives, and it is a massive Zalim (darkness – injustice) to missapply the Shariah Law.
I do advise anyone wishing to implement the Law to be aware not to play politics with the Sacred Law.
On many occasions, the Prophet (SAW) did not implement the death penalty (Rajm) for certain Hadd level crimes although others frantically pushed for it to be implemented. This was because absolute objectivity could not always be guarenteed in the decision-making procedure.
For example, in the Hadiths of Bukhari and Muslim, as narrated through Sahih Isnad (a reliable chain of narration) we read about some Muslims killing other Muslims because they were ‘not Muslim…’
They said Shahada only at the edge of the sword, it was claimed. In response to the claim that their Shahada was not genuine, the Prophet (SAW) said, “Did you cut their hearts open to see the Niyat (the quality of intention) of their hearts?’
The point being, if there is any chance that there could be a mistake, then only Allah (SWT) can judge in the Qiyamath, the judgement which is in the Akhira – the afterlife. Unless absolute objectivity can be guaranteed, the Prophet did not implement or advise Hadd.
On other occasions, according to Sahih Isnad in Bukhari and Muslim, it was obvious that a child was not the child of the father who thought they were the father. For Malsahah (social utility) the Prophet (SAW) said the child belongs to whom’s bed on which it was born. It was not beneficial to prescribe Hadd though it was technically due.
The Merciful essence of Islam and the Islamic intent of social harmony, social justice, would be betrayed by Hadd in such circumstances although Hadd was technically due.
A Qadi must be a qualified Mujtahid and must investigate the issue extensively before making a decision. Notice the word Mujtahid, notice how this word for study and decision making about the Law requires Jihad – striving or struggle – as is contained in the word. If a Judge exhausts all avenues of possible doubt, only then will he be rewarded for decision making, and those doubts include ones own heart’s doubts!
Justice and truth must exist in the heart of the people before it can be applied to the courts and the system.
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