36.3 Shariat hukmlari bo‘yicha huquqiy javobgar shaxs

36.3 Shariat hukmlari bo‘yicha huquqiy javobgar shaxs - Islomiy shaxsiyat | Quran Course

Buni aytish to‘g‘ri emaski, bu xitob iymon haqida bo‘lib, islomdagi amaliy hukmlar [ahkām al-furu’iyyah] haqida emas, chunki xabar ichida iymon bor va unga amal qilinmaydi. Bu noto‘g‘ri, chunki xabar umumiydir: u o‘zi bilan kelgan ham iymonni, ham amaliy hukmlarni o‘z ichiga oladi. Xitobni faqat iymonga xos qilish sabабsiz tahsis qilishdir. Yana, agar maqsad shu bo‘lsa, ya’ni barcha odamlarga islomdagi iymon yuzasidan xitob qilinadi, faqat musulmonlarga esa hukmlar yuzasidan xitob qilinadi, bu amalda ba’zi odamlarga ba’zi hukmlar bilan xitob qilish, boshqalarini esa qolgan hukmlardan chetda qoldirish degani bo‘ladi. Agar ba’zi odamlarga ba’zi hukmlar bilan xitob qilish, boshqalarini bu xitobdan chetlatish joiz bo‘lsa, bu Shariat olib kelgan hamma narsada joiz bo‘lardi, ya’ni iymonga oid islomning asoslarida ham shunga o‘xshash narsa joiz bo‘lib qolardi, chunki amaliy hukmlarda joiz bo‘lgan narsa ulardan tashqarida ham joiz bo‘ladi. Bu esa noto‘g‘ri, chunki xitob aniqdir.

It should not be said that the address is about Imān in Islam and not the legal rulings [ahkām al-furu’iyyah] on grounds that it is an address about the message which is Imān in it not acting by the legal rulings. This is incorrect because the message is general in that is includes both Imān as well as the legal rulings with which it came. To specify the address to Imān alone is to specify without a specifying cause. Further if the intent was that all the people are addressed with respect to Imān in Islam and only the Muslims are addressed with the legal rules this effectively means the addressing of some people with only some of the rulings and their not being addressed with the rest. If it were permitted that some people were addressed with some rulings such that others were excluded from this address, this would be permitted in everything the Shari’ah came with, that is, the like of it would be permitted in the foundations of Islam related to Imān, because what is permitted in the legal rulings is permitted in other than them, and this is incorrect because the address is clear,

Ilohiy xitob (murojaat) jihatidan qaraganda, kofirlarga shariat hukmlari bilan murojaat qilinishida hech qanday shubha yo'q. Ammo ularning bu hukmlarni amalda bajarishlari, davlat tomonidan bu hukmlarni ularga tatbiq etishi va ularni bajarishga majbur qilishi masalasiga kelganda, bunda qo'shimcha tafsilotlar mavjud.

With respect to the (divine) address then there is no doubt that the disbelievers are addressed with the legal rulings. As for their actual performance of these legal rulings, the application of these legal rulings upon them by the state, and its forcing them to perform them, there are further details.

Kafiylarning qonuniy hukmlarni o‘z-o‘zidan, majbur qilinmasdan bajarishi borasida ikki holat mavjud. Agar qonuniy matnga ko‘ra, ko‘rib chiqilayotgan qonuniy hukmlarni, masalan namoz, ro‘za, hajj, zakot va boshqa ibodatlarni bajarishda Islom shart qilingan bo‘lsa, unda ularga bu amallarni bajarish man etiladi va ularni bajarishdan to‘sib qo‘yiladi, chunki Islom bu hukmlar uchun shartdir va shu sababli kufr bilan ular joiz emas. Buning misollari sifatida moliyaviy masalalarda, masalan qarzda, kofirning guvohligi va kofirning musulmonlar ustidan hokim yoki qozi bo‘lishi keltiriladi. Qonuniy matn bajarilishi uchun Islomni shart qilgan, kofir uchun ruxsat bermagan bunday hukmlarning hech biri, va ularga o‘xshash hukmlar kofirlar tomonidan bajarilishi mumkin emas. Islom bajarilish uchun shart bo‘lmagan barcha qonuniy hukmlarga kelsak, masalan kofirlarning musulmonlar bilan jang qilishi va savdo hamda tibbiyot kabi shartnomalarda sud guvohligi, ular buni xohlasalar, bajarishlari mumkin. Bu ularning amallarni o‘z ixtiyori bilan bajarishiga nisbatan. Davlat (ijro hokimiyati) tomonidan majburlanishga kelsak, unda ham ikki holat bor. Agar qonuniy hukmlar umumiy xitob tarzida, iymon sharti bilan cheklanmagan bo‘lsa, ya’ni Islom bajarilish sharti bo‘lmasa yoki ular kofirlar bajarmasligi jim rozilik bilan ruxsat etilgan hukmlar bo‘lsa, bu ikki holatda ularni bajarishga majburlanmaydi. Shunday ekan, Xalifa kofirlarni Islomni qabul qilmagani uchun jazolamaydi — Arabistonning Ahli kitobdan boshqa mushriklari bundan mustasno, Alloh (subhanahu va taolo)ning Uning shu so‘zi tufayli:

As for their acting on the legal rulings by themselves without being forced, there are two scenarios. If Islam is a condition, by a legal text, in the performance of the legal rulings in question, like the prayer, fasting, Hajj, Zakāt, other ritual worships and the like, then it is not permissible for them to perform them, and they are to be prevented from performing them, because Islam is a condition for these legal rulings, and thus they are not permissible with kufr. Examples of this include the testimony of the disbeliever on financial matters like the loan, and the disbelievers’ being a ruler or judge over Muslims. None of these, and the like of them of the legal rulings which a legal text has not permitted for the kāfir by making Islam a condition for their performance, are allowed to be performed by the disbelievers. As for all those legal rulings in which Islam is not a condition of performance, like the disbelievers fighting with the Muslims and the legal testimony in contracts like trade and medicine, they are allowed to perform them if they choose to do so. This is with respect to their performing the actions of their own accord. As for their being forced by (the executive authority of) the state, then there are two scenarios. If the legal rulings are of the kind which can as a general address, unqualified by the condition of Imān, such that Islam is not a condition of performance or they are of those which the disbelievers were tacitly approved for not performing, then in these two cases they are not forced to perform them. Thus the Khalifah does not punish the disbelievers for their not adopting Islam - except if they are from the polytheists of Arabia other than the Ahl al-Kitāb – due to the His (swt) saying,

"You fight them or they shall submit…" (al-Fath: 16), which is specific to the Arab polytheists alone. Similarly, the disbelievers are not to be ordered to pray or prevented from their own prayer, due to the tacit approval of the Messenger ﷺ for them to remain upon their worship, and for their churches which existed in Yemen, Bahrain and Najrān. He did not demolish the churches of those who did not become Muslim. This shows that they are to be left upon their belief and worship. Likewise the ruling of Jihad is not applied on them nor are they forced to perform it, because the sought fighting in the āyāt of Jihad is fighting the kuffār as a genus, and it is not conceivable that a kāfir fights himself. Equally they are not to be forced to abstain from alcohol, nor punished for its consumption, because there were Christians in Yemen who used to drink alcohol and were left to drink it, and because when the Sahābah opened lands they would not prevent the kuffār from drinking alcohol. Likewise are all the legal rulings in which Islam is a condition for their validity, or for which the Messenger ﷺ approved the kuffār to continue them, or the Sahabah consented on leaving the kuffār to perform them. In all these cases, the disbelievers are not to be forced to perform them, nor are these rules applied on them by the Khalifah. However, those legal rulings which are not as such, that is, Islam is not a condition in their validity, and no legal text came to show that they are not to be applied upon the kuffār, then they are asked to perform them. These rules are to be applied on them and they are to be forced to perform them, and punished for leaving them. This is because in origin the disbelievers are addressed by the legal address, and in the case of there being no text to condition a ruling by the requirement of Imān or to allow them non-performance, then the original general address remains upon its generality, thus including them. Shunday qilib, kofirlar ham istisno bo‘lgan holatlardan tashqari barcha shar'iy hukmlarga bo‘ysundiriladi. Bunga dalil Payg‘ambarning ﷺ bu shar'iy hukmlarni kofirlarga nisbatan qo‘llagani hisoblanadi. Tasdiqlanganki, Payg‘ambar ﷺ muomalot masalalarida ularga Islom shar'iy hukmlari bo‘yicha munosabatda bo‘lgan va jinoyatlari uchun ularni (shunday jinoyatlar uchun Islom hukmlariga muvofiq) jazolagan. Anasdan rivoyat qilinadi: "Bir yahudiy bir cho‘ri qizning boshini ikki tosh orasiga qo‘yib ezgan. Qizdan: ‘Bunni senga kim qildi, falon kishimi yoki falon kishimi?’ deb so‘ralgan, nihoyat yahudiy nomi aytilganda qiz boshini qimirlatib tasdiqlagan. Yahudiyni olib kelishgan va u o‘z qilmishini tan olgan. Payg‘ambar ﷺ uni jazolashni buyurgan, shunda uning boshi ham toshlar bilan ezilgan", deb rivoyat qilgan al-Bukhoriy. Abu Salama ibn Abd ar-Rahmon va Sulaymon ibn Yasor Ansordan bir necha kishidan rivoyat qilishicha: "Payg‘ambar ﷺ yahudiylarga, ulardan boshlab: ‘Sizlardan ellik kishi qasamyod qilsin’, dedi. Ular rad etdilar. Shunda u Ansorga: ‘Huquqingizni isbotlaydigan ishni qilinglar’, dedi. Ular: ‘Ey Allohning Rasuli, ko‘rmagan narsamiz ustida qasamyod qilamizmi?’, dedilar. Shunda Allohning Rasuli ﷺ o‘ldirilgan kishi ular orasidan topilgani uchun qon puli (diya)ni yahudiylarga yukladi", deb rivoyat qilgan Abu Dovud. Jobir ibn Abdullohdan rivoyat qilinadi: "Payg‘ambar ﷺ Aslam qabilasidan bir kishini, shuningdek bir yahudiy erkak va uning xotinini toshbo‘ron qildi", deb rivoyat qilgan Muslim. Ushbu ahodis Rasululloh ﷺ kofirlarni ham musulmonlarni jazolagani kabi jazolaganini ko'rsatadi, bu esa ularni shar'iy hukmlarni bajarishga majbur qilish kerakligini, shar'iy hukmlar ularga ham musulmonlarga qo'llanilgani kabi qo'llanilishi kerakligini va ular ham muomalalar, jazolar va boshqa shar'iy hukmlarda musulmonlar bog'liq bo'lgani kabi bog'liq ekanligini bildiradi. Bundan vahiyning o'zi amalga oshirish jihatidan istisno qilgan narsalardan boshqa hech narsa chiqarib tashlanishi mumkin emas, lekin bu hukmning xitobi jihatidan emas. Bu istisnolar shunday hukmlarki, ularning to'g'riligi uchun Islom shart qilingan va matn bilan sobit bo'lgan, ularni bajarishga majbur qilinmasligi kerak bo'lgan narsalardir.

“You fight them or they shall submit…” (al-Fath: 16), which is specific to the Arab polytheists alone. Similarly the disbelievers are not to be ordered to pray or be prevented from their own prayer, due to the tacit approval of the Messenger (saw) for them to remain on their worship, and for their churches which existed in Yemen, Bahrain and Najrān. He did not demolish the churches of those who did not become Muslim. This shows that they are to be left upon their belief and worship. Likewise the ruling of Jihad is not applied on them nor are they forced to perform it, because the sought fighting in the ayāt of Jihad is fighting the kuffār as a genus, and it is not conceivable that a kāfir fights himself. Equally they are not to be forced to abstain from alcohol, nor punished for its consumption, because there were Christians in Yemen who used to drink alcohol and were left to drink it, and because when the Sahābah opened lands they would not prevent the kuffār from drinking alcohol. Likewise are all the legal rulings in which Islam is a condition for their validity, or for which the Messenger (saw) approved the kuffār to continue them, or the Sahabah consented on leaving the kuffār to perform them. In all these cases, the disbelievers are not to be forced to perform them, nor are these rules applied on them by the Khalifah. However those legal rulings which are not as such, that is, Islam is not a condition in their validity, and no legal text came to show that they are not to applied upon the kuffār, then they are asked to perform them. These rules are to be applied on them and they are to be forced to perform them, and punished for leaving them. This is because in origin the disbelievers are addressed by the legal address, and in the case of there being not text to condition a ruling by the requirement of Imān or to allow them nonperformance, then the original general address remain upon its generality, thus including them. Therefore the disbelievers are made to comply with all the legal rulings except only that which a legal evidence makes an exception to the general rule. The evidence for this is the Messenger’s implementation of these legal rulings upon the kuffār. It is affirmed that the Messenger (saw) dealt with them according to the Islamic legal rulings in the matters of transactions [muamalāt], and that he punished them for crimes (in line with the Islamic rulings for such crimes). From Anas, "that a Jew bruised the head of a slave girl between two stones, so she was asked ‘who did this to you, was it so-and-so or so-and-so?’ until the Jew was named and she nodded her head. The Jew was brought and he acknowledged his act. The Prophet (saw) commanded that he be punished, so his head was bruised with stones," narrated by al-Bukhāri. From Abu Salamah ibn Abd al-Rahmān and Sulaymān ibn Yasār, relating from some men of the Ansār, "that the Prophet (saw) said to the Jews, beginning with them, ‘Let fifty men of you swear an oath.’ They refused, so he said to the Ansār: ‘Do what makes you entitled to your claim’. They said: ‘Should we make an oath on a matter we have not witnessed O Messenger of Allah?’ So the Messenger of Allah (saw) made the blood money on the Jews because he (the victim) was found amongst them," narrated by Abu Dawūd. From Jabir ibn Abdullah that he said, "the Prophet (saw) stoned a man from (the tribe of) Aslam, as well as a Jewish man and his wife", narrated by Muslim. These ahādīth show that the Messenger (saw) used to punish the kuffar as he used to punish the Muslims, which indicates that they are to be forced to perform the legal rulings, and the legal rulings are to be implemented upon them as they are implemented upon the Muslims, and they are bound to them as the Muslims are bound in the legal rulings of transactions, punishments and other legal rulings; and nothing can be excluded from this except what the revelation has itself excepted in terms of implementation, not in terms of the legal address. These exceptions are those rules in which Islam is a condition for their validity, and what is textually established that they are not to be forced to perform them.

Аллоҳ (SWT)ни (сен) ва ҳукмларни эътиборга олмай туриб, иймон келтирганлар учун махсус шаръий ҳукмлар белгилаган, масалан намоз, ва улар ёлғиз ўзларигагина хитоб қилинган, деб айтиш жоиз эмас. Шундай экан, "Эй иймон келтирганлар!" деб бошланган ҳар қандай хитоб... Note: the sentence is incomplete in the original, so the translation ends where the source text ends.

It should not be said that Allah (swt) has made some legal rulings specifically for the believers like the prayer such that they alone are addressed by it, so any address which begins with,

Bu barcha oyatlar eslatma (va tafsil emas). Xuddi shunday, Payg'ambar (saw) hadisi: "Kim Allohga va oxirat kuniga iymon keltirsa, yaxshi gapirsin yoki jim tursin", al-Bukhoriy, Muslim va boshqalar tomonidan rivoyat qilingan. Bularning barchasi Iymonni eslatadi va shariy hukmlar bo'yicha mas'uliyatning sharti emas. Shuning uchun "Ey iymon keltirganlar" degan murojaatning birikishi uni musulmonlar bilan cheklamaydi, balki ularga o'z imonlarini eslatishdir. Demak, shar'iy mas'uliyatga murojaat umumiy bo'lib qoladi, u kofirlarni ham, musulmonlarni ham o'z ichiga oladi. Shu sababli kofirlarga Shariatning butun qismi bilan murojaat qilinadi - aqidalar (asoslar) ham, fiqhiy hukmlar (tarmoqlar) ham - va Xalifaga ularga barcha shar'iy hukmlarni tatbiq etish buyuriladi. Tatbiqdan chiqariladi, lekin murojaatdan emas, faqat ularga tatbiq etilmasligi yoki musulmonlarga xos ekanligi Qur'on yoki hadis matni bilan belgilangan hukmlardir. Qolgan barcha shar'iy hukmlar kofirlarga ham musulmonlarga qo'llanilgani kabi tatbiq etiladi.

All these verses are a reminder (and not a specification). Likewise is the hadīth of the Messenger (saw), "Whosoever believes in Allah and the Last, then let him speak good or keep silent", narrated by al-Bukhāri, Muslim and others. All of this is a reminder of the Imān, and not a condition for legal responsibility with respect to the legal rulings. Therefore, the conjunction of the address with ‘O you who believe’ does not specify it for the Muslims, but it is a reminder to them of their belief. Accordingly, the address of legal responsibility remains general, including both the disbelievers and the Muslims. Hence the kuffār are addressed with the entirety of the Shari'ah, foundations (creed) as well as branches (jurisprudence), and the Khalifah is commanded to implement all the legal rulings upon them. Excluded from the implementation, but not the address, are those legal rulings whose non implementation on the kuffār or whose specificity to the Muslims is established by a text of the Qur’an or Hadīth. All other legal rulings are implemented upon the kuffar as they are implemented on the Muslims.