7. The covenant with dhimmi~,'~~

and not being harsh when collecting the jizyah from them Amir al-Mu'mineen 'Ali (&) said: "Nothing will be accepted from the polytheists of the Arabs except Islam or the sword. As for the polytheists of the non-Arabs, jizyah may be taken from them. As for the People of the Book, both Arabs and non-Arabs, if they refuse

'Ali ibn Abi Tilib 51 1 to become Muslim and ask to be dhimmis, we will accept jizyah from them."215 It was also narrated from 'Ali (&) that he said: "They only accepted the covenant of dhimmis so that their wealth would be like our wealth and their blood would be like our blood."2L6 ' Ali used kindness in the way he took the jizyah, and he was lenient in the way he calculated it. It was narrated that 'Abdul-Malik ibn 'Umayr said: "A man from Thaqeef told me: "Ali ibn Abi T2ib employed me and said: "Do not strike any man with a whip when you are collecting tax money, do not force them to sell provision or winter garments or summer garments, do not take blood money that they are collecting to pay, do not appoint a man for the purpose of pressuring people to pay money." I said: "0 Amir al-Mu'mineen, then I will come back as I left." He said: "Even if you come back as you left; we are only instrncted to take from them what is surplus to their needs." ' "'I7 3.2. Hadd punishments 3.2.1. Punishment of the apostate Amir al-Mu'mineen 'Ali (&) said: "The apostate is to be asked to repent three times. If he repents (all is well and good), otherwise he is to be executed."218 The evidence for executing him is the report narrated by Ibn 'Abbh that the Prophet (g) said: "Whoever changes his religion, execute The evidence for asking him to repent is the report narrated from Jiibibir ibn Abdullah, according to which the Messenger of Allah (s) asked a man who had apostatised from Islam to repent four times.220 Two opinions were narrated from 'Ali (&) concerning the hypocritical heretic who made an outward display of being Muslim while inwardly concealing disbelief: (a) When asking an apostate to repent, no differentiation is to be made between the one who manifests his apostasy openly and a Finuncial andjudiciary institutions at the time of 'Ali hypocritical heretic, who makes an outward display of being Muslim when inwardly he is a disbeliever, if proof of that had been established against him.'" 'Abdur-Razziq narrated that Muhammad ibn Ahi Bakr wrote to 'Ali (&) about two Muslims who became hypocritical heretics, and he wrote back saying: "If they repent (all well and good); othenvise strike their necks (execute them). "z22 (b) The one who manifests his apostasy openly should be asked to repent, whereas the hypocritical heretic should not he asked to repent. Al-Athram narrated, with his chain of narration going back to 'Ali (&), that an Arab man who had become Christian was brought to him. He asked him to repent, but he refused, so he executed him. Then a group of people who prayed but were hypocritical heretics were brought to him, and proof was established against them by witnesses of sound character. They denied it and said: "We have no religion other than Islam." He executed them and did not ask them to repent. He said: "Do you know why I asked the Christian to repent? I asked him to repent because he showed his religion openly. As for the hypocritical heretics against whom proof was established, I executed them because they denied it when proof had been established against them."223 With regard to a woman who becomes an apostate, two views were narrated from 'Ali (&) concerning her case: (a) There is no difference between her and a man with regard to the ruling that they should be executed. This opinion was also narrated from Abu Bakr (&), and it was the view of al-Hasan, az-Zuhri, an-Nakha'i, Mwool, Hammid, Milik, al-Layth, alAwzTi, ash-Sh2fa'i and ~ s h i ~ . ~ ' ~ (b) A woman is to he enslaved and not executed. This was the view of a l - ~ a s a n ~ ' ~ and Qamah, because Abu Bakr (&) enslaved

'Ali ibn Abi T6lib the women and children of Banu Haneefah and gave one of these women to 'Ali (&), who bore him Muhammad ibn alHanafiyyah. That was done in the presence of the Companions, and there was no objection, which means that there was consensus on that.ZZ6 The story about 'Ali sending word to Bani N2jiyah, which we will discuss below, also provides evidence to support this view. In that case, 'Ali (&) executed the men of fighting age and took the women and children captive.zz7 Amir al-Mu'mineen executed apostates in different ways according to the circumstances in each case. One way was to strike the neck with the sword meheading), as in the response of 'Ali ibn Abi Taib (&) to Muhammad ibn Abi Bakr when he asked him about two Muslims who had become hypocritical heretics. He said: "As for the two who have become hypocritical heretics, if they repent (all is well and good); otherwise strike their necks."228 One of the aims of Shariah is to protect the religion, and executing the apostate offers protection to people of religious commitment. We have noted the keenness of the Rightly Guided Caliphs (may AUah be pleased with them) to implement the rulings of Allah (g) with regard to those who follow whims and desires and those who oppose or rebel against religion, and to carry out appropriate punishments on them. One of the most important of these rulings is fighting against and executing the apostates. The Rightly Guided Caliphs did this, implementing the words of the Messenger of Allah (g): "...it is not permissible to shed the blood of a Muslim who bears witness that there is no god except Allah, except in three cases: the married adulterer, a life for a life and the one who gives up his religion and forsakes the main body of the ~ u s l i r n s . " ~ ~ ~ Ibn Taymiyah said: "If the apostate is not executed, then you will find those who entered religion exiting from it. So executing him offers prntection to people of religious commitment, and that protects

51 4 Financial and judiciary institutions at the time of 'Ali against the undermining of Islam and prevents them from leaving it,n230 3.2.2. Hadd punishment for zina 3.2.2.a. The story of stoning Ash-Sha'bi said: "Shur%ah had a husband who was absent in Syria, and she got pregnant. Her master brought her to Amir alMu'mineen 'Ali ibn Abi T%h (&) and said: 'This woman committed adultery and admitted it.' So he gave her one hundred lashes on Thursday and stoned her on Friday. A hole was dug for her up to her navel, and I was present, then he said: 'Stoning is a ruling established by the Messenger of Allah (B). If there is a witness who accused her, he would be the first one to throw a stone. Since she admitted it, I will he the first one to stone her.' Then the people stoned her, and I was among them, and by Allah, I was among those who killed her." According to the version narrated by Ahmad and al-Bukhari, 'Ali (&) said: "I flogged her in accordance with the Book of Allah (%), and I stoned her in accordance with the ruling of the Messenger of Allah (&!5)."Z3' This judicial ruling was the personal view (ijtihgd) of 'ALi (&), and there is a difference of opinion concerning it among the jurists. The majority are of the view that lashes and stoning should not be combined.232 According to another report, a hole was dug for her to her navel, and the people formed a circle around her, but ('Ali) struck them with his stick and said: "This is not how stoning is done, for if you do it this way, you will shed one another's blood. Rather you should form rows as for prayer." Then he said: "0 people, the first of the people to stone the adulterer should be the ruler, if there was a confession. If four witnesses testified to adultery, then the first of the people to stone him or her should he the witnesses who testified to that, then the ruler, then the people." He threw a stone at her and said takbeer, then he ordered those in the first row to throw their stones