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Major Sins3 min readViewed 5 times

Highwaymen Who Menace the Road


Allah says, {The punishment of those who wage war against Allah and his Messenger, and strive with might and main for mischief through the land is: execution, or crucifixion, or the cutting off of hand and feet from opposite sides, or exile from the land that is chief disgrace in this world, and a heavy punishment is theirs in the hereafter.} (AI-Ma'idah: 33)

AI- W ahidi comments, "To wage war against Allah and his Messenger means to disobey them." To strive for mischief through the land" refers to killing people, robbing them, and violently consuming their property. Hence, to take arms against a Muslim stands for fighting with Allah and his Messenger. Such an opinion was held by Imam Malik, Imam Shafi'i, and AI-Awza'i.

As to Allah's saying, "Execution............... Or exile from the land", AI-Wahidi said from Ibn 'Abbas that "or" in this verse is used for giving the choice and permissibility. Hence, the Imam- the Muslim leader has the full option to enforce killing, or crucifixion or banishment. AI-Hasan, Sa'id fun AIMusayyab, and Mujahid supported this view.

According to another narration through' Atiyyah, AI- W alibi said, "or" in the verse is not for permissibility, but it rather signifies the order of the legal rule "Hukm" in regard to the variant crimes. In other words, those who murder and plunder property must be killed and crucified. Those who only rob property, their hands and feet must be cut off and those who violently shed blood but do not rob property must be put to death. Finally, those who scare people in their ways but do not commit murder must be exiled from the land. Imam Shafi'i is quoted to hare the some previous view. He is mentioned as saying,” Each criminal is judged according to his/her offense. So, in case of killing and crucifixion, the evildoer should first be put to death lest he is painfully tortured. Then, he is crucified for three consecutive days and then let down.

In case of killing only, the criminal is executed and his corpse is to be handed to his kinsmen to be buried.

If the sentence of cutting off of hands or feet, the right hand is first to be lopped off and cauterized. If he returned to theft, his left leg should be severed. In the third time, his left hand should be amputated.

Concerning the cutting off of thieves' hands and feet the Prophet said, "If someone committed theft cut off his hand, if he stole a second, cut off his leg, if he stole once again, cut off his (other) hand if he insisted on stealing, cut off his (other) leg.” 1

Abu Bakr and 'Vmar (May Allah be pleased with them all) were unanimously used to inflict such a legal rule upon thieves. Allah's saying" From opposite sides" illustrated the contrasting order in cutting off of a hand at then a leg.

Ibn 'Abbas in his exegesis of Allah's saying {Or exile from the land } made open that if the thief is out of control, the Imam should pass a command to shed his blood in vain. But if he is under arrest, exile connotes imprisonment that restricts and hinders his freedom.

1 Reported by Abu Dawud.

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Chapters (74)
  1. 1Acknowledgment
  2. 2Preface
  3. 3Imam Dhahabi
  4. 4Definition:
  5. 5Ascribing Associates To Allah, the Most High (Shirk)
  6. 6Killing A Human Being
  7. 7Sorcery
  8. 8Not Performing the Prayer
  9. 9Not Paying Zakat
  10. 10Breaking One's Fast During Ramadan Without An Excuse
  11. 11Not Performing The Hajj When Able To
  12. 12Showing Disrespect To One's Parents
  13. 13Severing the Ties of One's Relatives
  14. 14Adultery
  15. 15Sodomy
  16. 16Accepting Usurious Gain
  17. 17Wrong Consuming an Orphan's Property
  18. 18Lying About The Prophet (pbuh)
  19. 19Fleeing From The Battlefield
  20. 20The Leader Who Misleads His Followers, The Tyrant And The Oppressor
  21. 21Arrogance, Pride, Conceit, Vanity And Haughtiness
  22. 22Bearing False Witness
  23. 23Drinking Alcohol
  24. 24Gambling (Qimar)
  25. 25Accusing A Woman Of Adultery
  26. 26Misappropriating Spoils of War, Muslim Funds or Zakat
  27. 27Theft
  28. 28Highwaymen Who Menace the Road
  29. 29The Engulfing Oath
  30. 30Taking People's Property Through Falsehood
  31. 31Collecting Taxes
  32. 32The Consumption Of Haram
  33. 33Suicide
  34. 34Telling Lies
  35. 35The Dishonest Judge
  36. 36Bribery
  37. 37Women Imitating Men and Vice Versa
  38. 38The Pimp And The One Who Permits His Wife To Fornicate
  39. 39Marrying Solely to Return to the Previous Husband
  40. 40Not Freeing Oneself of All Traces of Urine
  41. 41Showing off in Good Work
  42. 42Learning Sacred Knowledge for the Sake of This World, or Concealing It
  43. 43Breach of Faith
  44. 44Reminding Recipients of one's charity to them
  45. 45Disbelieving in Destiny (Qadar)
  46. 46Listening to People's Private Conversations
  47. 47The Talebearer Who Stirs up Enmity between People
  48. 48Cursing Others
  49. 49Breaking One's Promise Or Pledge
  50. 50Believing Fortunetellers and Astrologers
  51. 51A Wife's Rebellion Against Her Husband
  52. 52Picture-making
  53. 53Loudly Lamenting For The Dead Or When Afflicted With An Adversity
  54. 54Excess Against Others
  55. 55Overburdening And Arrogance Against Others
  56. 56Hurting One's Neighbor
  57. 57Hurting or Reviling Muslims
  58. 58Harming the Servants of Allah
  59. 59Dragging the Hem Of One's Garment Out of Conceit
  60. 60Men Wearing Silk or Gold
  61. 61Fleeing of the Slave
  62. 62Slaughtering in Other Than Allah's Name
  63. 63Falsely claiming someone is One's Father
  64. 64Arguing, Picking Apart Another's Words, and Quarreling
  65. 65Withholding Excess Water From Others
  66. 66Stinting When Weighing or Measuring Out Goods and Similar Merchandise
  67. 67Feeling Secure from Allah's Devising
  68. 68Despairing of the Mercy of Allah and Losing of Hope
  69. 69Forgoing the Congregational Prayer to Pray Alone Without a Legal Excuse
  70. 70Constantly Missing the Friday and Congregational Prayer Without a Valid Excuse
  71. 71Bringing Loss to the Bequest
  72. 72Deception and Evil Schemes
  73. 73Spying on the Muslims and Revealing their Weaknesses
  74. 74Disparaging the Companions of the Prophet