Nau'o'in Al-mahkoom Feehi Daga Mahangar Alkiblar Da Ake Danganta Shi Zuwa Gare Ta
The Types Of Al-mahkoom Feehi From The Angle Of The Direction That It Is Attributed To
Aikin mukallafi dangane da alaƙarsa da haƙƙin Allah da haƙƙin bayi (mutane) an raba shi zuwa nau'o'i huɗu:
The action of the Mukallaf in respect to its connection to the Haqq (right) of Allah and to the right of the ‘Ibaad (servants/people) is divided into four categories:
1 – Haƙƙin Allah:
1 – Haqq of Allah:
Wannan aiki ne da ake gina alheri ko amfani gama-gari a kansa, saboda haka ake danganta shi ga Ubangijin talikai, saboda cikakken amfanin da yake ƙunshe da shi.
This is the action upon which a general benefit/good is built and for this reason it is attributed to the Lord of the worlds due to the comprehensiveness of its benefit.
Ba a halatta a cire wannan haƙƙi ba, kuma ba daidai ba ne ga kowa ya yi watsi da shi (ya yi sulhu a kansa) ko ya saɓa masa. Irin waɗannan haƙƙoƙi sun haɗa da:
It is not permitted to remove this right and it is not right for anyone to give it up (compromise in respect to it) or go against it. These types of Huqooq (rights) include:
- Ibadodi (ayyukan ibada): kamar Sallah, Zakka, Azumi, Hajji, Jihadi, yada da'wa, Sadakatul-Fitr, da zakkar abin da aka noma a filayen 'ushri.
- The ‘Ibaadaat (acts of worship): Like the Salaah, Zakaah, Siyaam, Hajj, Al-Jihaad, carrying the Da’wah, Sadaqat ul-Fitr and the Zakaah upon the what is cultivated upon the ‘Ushri land.
- Al-Kharaaj: Wannan yana nufin haraji da ake karɓa a kan ƙasashen Kharaajiyah, waɗannan ƙasashe ne da aka buɗe da ƙarfi aka bar su a hannun masu mallakarsu waɗanda ba Musulmi ba. Akwai kuma Jizyah, wanda ake karɓa daga waɗanda ba Musulmi ba, ƴan ƙasa (Ri'aayaa) na Daular Musulunci.
- Al-Kharaaj: This represents the taxes upon the Kharaajiyah lands and these are the lands which were opened up by force and were left in the hands of its non-Muslim owners. There is also the Jizyah that is taken from the non-Muslim subjects (Ri’aayaa) of the Islamic State.
- Al-Kaffaaraat (kaffara) a dukkan nau'ikanta, kamar kaffarar karya rantsuwar da aka yi da sunan Allah, da sauran nau'o'i. Haka kuma akwai Khumus na Ghanaa'im (kashi ɗaya cikin biyar na ganimar yaƙi) da kashi ɗaya cikin biyar na Rikaaz. Rikaaz shi ne dukiyar da aka binne a ƙasa, kuma duk wanda ya same ta dole ne ya bai wa Gwamnati kashi ɗaya cikin biyar na darajarta, domin a ƙara shi a cikin kuɗaɗen shiga na Bait ul-Maal (baitul-mali). - Kafa hukunce-hukuncen da aka ƙayyade kuma aka tsara su a cikin Shari'a, waɗanda sune Hudood, kamar hadd na zina, hadd na sata, hadd na shan giya, da hadd na wanda ya toshe hanya don yin fashi (ɓarawon hanya) … Manzon Allah ﷺ ya ce:
- Al-Kaffaaraat (expiations) in all of their forms like the Kaffaarah of breaking the oath sworn in Allah’s name amongst other types. There is also the Khumus of the Ghanaa’im (fifth of the war booty) and the fifth of the Rikaaz. This is treasure buried under the ground and the one who finds it must give a fifth of its value to the State to be added to the revenues of the Bait ul-Maal (treasury). - Establishment of the punishments that have been specified and set by the Shar’a and these are the Hudood like the Hadd of Zinaa, the Hadd of Saraqah (theft), the Hadd of drinking alcohol and the Hadd of the one who blocks the road to steal (highway robber) … The Messenger of Allah (saw) said:
Waɗanda suka riga su sun halaka ne kawai saboda idan wani mai martaba ya yi sata a cikinsu, sai a bar shi; idan kuma wani rauni ya yi sata, sai a yanke masa hannu. Ina rantsuwa da wanda rayuwata take a hannunsa, da ma Faɗimah 'yar Muhammadﷺ ce ta yi sata, da na yanke mata hannu. (Ref: Tayseer Al-Wusool Ilaa Jaami'i il-Usool Min Hadeeth Ar-Rasool, Vol 2, p 14).
Those who came before were indeed destroyed because when a nobleman stole amongst them he was let go and when a weak person stole amongst them they cut his hand. By the one in whose hand is my soul, had it been Faatimah the daughter of Muhammad (who had stolen) I would have cut off her hand (Ref: Tayseer Al-Wusool Ilaa Jaami’i il-Usool Min Hadeeth Ar-Rasool Vol 2, p 14).
2 – Haqq ul-‘Abd (haƙƙin bawa/mutum):
2 – Haqq ul-‘Abd (the right of the servant/person):
Wannan aiki ne da ke ɗauke da wata maslaha ta musamman ga mutum. Misali biyan bashi ko diyya ta jini, ɗaukar alhakin gyara ko biyan kuɗin abin da aka lalata ko ya karye, da kyauta. Idan bawa ya so, yana iya barin wannan irin haƙƙi ko ya yafe shi, kuma idan ya so yana iya cika shi, domin Ash-Shaari' ya ba mutum damar yin tasarrufi cikin haƙƙinsa yadda ya ga dama, a cikin iyakokin Ahkaam Ash-Shar'iy.
This is the action that has within it a specific Maslahah (interest/benefit) for the individual. This is like the settling of the debt or blood money, guaranteeing the damaged or broken item and gifts. If the ‘Abd (servant/person) wishes, this type of right can be dropped or let go and if he wills he can fulfil it because the Shaari’ has given the human the right to conduct himself freely in his right as he wishes within the remits of the Ahkaam Ash-Shar’iy.
3 – Wanda haƙƙin Allah da haƙƙin bawa suka haɗu, amma haƙƙin Allah ne ya fi rinjaye. Misali: Hadd na Al-Qadhf (zargin ƙarya ga mutuncin mace) domin yana ƙunshe da hana masu laifi aikata laifi da kuma kiyaye mutuncin mutane. Wannan hukunci yana cikin haƙƙoƙin Allah.
3 – That in which the Haqq of Allah and the Haqq of the ‘Abd come together whilst the Haqq of Allah dominates. Example: The Hadd of Al-Qadhf (slanderous accusation against a woman’s honour) as it contains within it a deterrent for criminals and the preservation of the peoples’ honours. This punishment falls under that which is from the Huqooq (rights) of Allah.
Daga wani kusurwar kuma, a aiwatar da wannan hukunci akwai Maslahah Khaassah (manufa ta musamman) ga wanda aka yi wa kazafi, domin yana tsarkake sunansa da mutuncinsa, kuma yana kawar da tabo ko wulakanci. Saboda haka, wannan hukunci ya kunshi haqqin bawa da kuma maslahar sa ko ta ita.
From another angle, in the occurrence of this punishment there exists a Maslahah Khaassah (specific benefit or interest) for the one who has been slandered as it clears the name, integrity and repels the taint or dishonour. Therefore, this punishment also includes a right for the ‘Abd and a Maslahah for him or her.
Duk da cewa haƙƙin Allah ne ya fi rinjaye, saboda haka ba halal ba ne ga wanda aka yi wa zargi ko ɓata suna (Al-Maqdhoof) ya soke hukuncin da za a yi wa mai zargin (Al-Qaadhif), domin haƙƙin Allah ba ya faɗuwa saboda son bawa na a soke shi.
Despite that the Haqq of Allah is dominant and for that reason it is not permissible for the one who has been accused or slandered (Al-Maqdhoof) to drop the punishment from the Qaadhif (slanderer) and that is because the Haqq of Allah does not fall as a result of the servant’s wish for it to be dropped.
4 – Haƙƙin da haƙƙin Allah da haƙƙin bawa suke haɗuwa, amma haƙƙin bawa ne ya fi rinjaye. Misali: Al-Qisaas (dokar ramuwa) ga mai kisan kai da gangan ko da niyya. A cikin Al-Qisaas akwai rai da tabbatar da amincin rayuwar mutane, da kiyaye wannan tsaro. Wannan kuwa yana wakiltar Maslahah Al-‘Aammah (maslahar jama'a ta gama-gari) wadda haƙƙin Allah yake nunawa a cikinta.
4 – That in which the Haqq of Allah and the Haqq of the ‘Abd come together whilst the Haqq of the ‘Abd (servant) dominates. Example: Al-Qisaas (law of retribution) against the intentional or deliberate killer. Within the Qisaas there exists life and a security for the life of the people and the preservation of that security. This then is representative of the Maslahah Al-‘Aammah (the general interest and benefit) which the Haqq of Allah is reflected in.
Al-Qisaas, ta wata fuskar, yana warkar da zukatan iyalan wanda aka kashe kuma yana cire fushinsu da ƙiyayyarsu ga mai kisan. Ta wannan fuskar yana wakiltar Haqq (haƙƙi) na ‘Abd (bawa/mutum). Sai dai Shaari’ (Mai shar’anta) ya bai wa Waliyyin wanda aka kashe haƙƙin yafe wa mai kisan, ko kuma ya ɗauki karɓar diyya a matsayin isasshe. Wannan yana nuna cewa haƙƙin ‘Abd shi ne ya fi rinjaye a hukuncin Al-Qisaas.
Al-Qisaas, from another angle, heals the hearts of the family of the one who was killed and removes their anger and hatred towards the killer. From this angle it represents a Haqq (right) of the ‘Abd (servant/person). However, the Shaari’ (Legislator) has provided the Waliy (guardian) of the killed person the right to pardon the killer or to find the receipt of blood money sufficient. This indicates that that the Haqq of the ‘Abd is more dominant in respect to the ruling of Al-Qisaas.
Ƙarin sharhi a kan abin da ya gabata
Additional follow-on comment
Man-made laws that were applied to the Muslims in the absence of the Islamic State followed a path opposed to what was mentioned above. They made Al-Qisaas (retaliatory punishment) for the killer a right belonging to society, and the matter of the killer was left to the ruler. If he wished, he would kill him, and if he wished, he would pardon him, without any consideration being given to the Waliy of the killed person, whether he pardoned the killer or did not pardon him. The man-made law also made the punishment for Az-Zinaa a private Haqq (right). Thus, Zinaa under these laws is not considered a crime unless it was committed by way of compulsion or force, and then the punishment in respect of it would be from the private right. The claim is not raised except by her husband, and he has the right to stop its procedures. Then, if judgment is passed against her, he has the right to stop or prevent the implementation of the ruling.
The man-made laws that were applied over the Muslims in the absence of the Islamic State followed a path opposing what was mentioned above. So they made Al-Qisaas (retaliatory punishment) of the killer a right belonging to the society and the affair of the killer was delegated to the ruler. If he wished, he would kill him and if he wished he would pardon him without any consideration being given to the Waliy of the killed person, in respect to him pardoning the killer or not pardoning him. The man-made law also made the punishment of Az-Zinaa a private Haqq (right) and so the Zinaa in accordance to these laws is not considered to be a crime unless it was by way of compulsion or force and then the punishment in respect to it would be from the private right. The claim is not raised except from her husband and he has the right to stop its procedures. Then if judgment is passed against her, he has the right to stop or prevent the implementation of the ruling.
Saboda haka akwai babban gibi da bambanci tsakanin hukuncin Allah da hukuncin mutane.
There is therefore a wide gap and difference between the Hukm of Allah and the Hukm of people