Part 16

24) Highwaymen Who Menace the Road

{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

AIW 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.

that "or" in this verse is used for giving the choice and permissibility. Hence, the Imamthe Muslim

leader has the full option to enforce killing, or crucifixion or banishment. AI-Hasan, Sa'id fun AI-

Musayyab, and Mujahid supported this view.

According to another narration through' Atiyyah, AIW 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

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

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.

{as for those who sell the faith they owe to Allah and their own solemn plighted word for a small price, they

shall have no portion in the here after! Nor will Allah (Design to) speak to them or look at them on the Day

of Judgement, nor will he clean them (of sin): they shall have a grievous chastisement.} (3: 77)

Al-Wahidi related, "The occasion of revelation of this verse was regarding two disputants who sought

the Prophet to decide their case about a landed estate. At the time the defendant had been on the point of

taking an oath1, Allah revealed this verse. At once, he turned away from swearing and admitted the

claimant's right to the estate.

"Whosoever is ordered (by the ruler or the judge) to give an oath, and he takes a false oath in order to grab

the property of a Muslim, he will incur Allah's Wrath when he meets Him on the Day of Resurrection."

"By Allah, this verse was revealed in my connection. A dispute broke out between me and a Jew who had

denied my right to the ownership of a piece of land. I reported him to Allah's apostle who said to me:

"Have you got an evidence (i.e. witness)? I replied, "No" He said to the Jewish man" swear in!" At this

moment, I said, "0 Allah's Apostle! He, my opponent, will take the oath and consequently consume my

property". For this Allah revealed, ''as for those who sell the faith…" 2

`Abdullah Ibn Mas'ud narrated the Prophet as saying, A person who swears falsely to take possession of

Muslim's property unjustly, shall face the wrath of Allah on the Day of Judgement". 'Abdullah added, 'the

Prophet recited the following verse from the holy Quran in support of this statement.

"A person who usurps the right of a Muslim, by swearing (falsely) will be condemned by Allah the Exalted

to the hell and will be derived of Paradise. A man asked, "0 Messenger of Allah! Even if it may be a small

thing?" he the Prophet -answered, "Even if it be the (smallest) twig of a bushtree."3

Abu Dhar narrated the Prophet say,

"There are three people whom Allah will not talk to on the Day of Judgement, look at, or exonerate, and

there is a painful chastisement for them ". They failed and they lost who are these persons, Allah's apostle?

AI-Ghamus oath is the false oath taken by somebody intentionally to mislead and cheat people. So, it dips him into the Fire.

Reported by AI-Bukhari and Muslim.

Upon this the Prophet remarked, "They are the draggers of lower garment, those who remind others of

their favors, and the seller of goods by false oath." 1

"The biggest sins are: to join others in worship with Allah, to be undutiful to one's parents, to kill

somebody unlawfully, and to take (a false) oath- "AI-Ghamus"2

Of the forbidden oaths is swearing by other than Allah, such as: the Prophet, the Ka'bah, the angels,

heaven, water, life, honesty, souls, the sultan's life, or his favor, or by someone's grave.

"Lo! Allah forbids you to swear by your fathers, so whosoever has to take an oath, he should swear by

"Do not swear by idols, nor by your fathers."4

"Whosoever swears by his honour is not from amongst us." 5

"Whosoever takes an oath that if he does such and such act, or he is wrong, he may go out of Islam, then if

he should turn out to be a liar he will be as he said (swore) and if he is proved to have spoken the truth then

he will not come back to Islam without a stigma." 6

Ibn 'Umar heard a man swearing by K'abah. Thereupon he said to that man, "Do not swear by other than

Allah for I have received the Prophet's words which concluded,

"Whosoever swears by other than Allah has indeed disbelieved in Allah and ascribed partners to Him."7

By "disbelieved and ascribed partners to Him." some interpreters assimilate it as referring to the

"A person who takes an oath and swears (by error):" By Lat and "Uzzah", should at once affirm:" there is

Among the newly guided companions of the Prophet were some who spontaneously happened to use

Reported by AtTirmidhi and Abu Dawud.

Reported by As-Sakhawi in AI-Maqasid AI-Hasanah

Reported by AI-Bukhari and Muslim.

Al-Lat and A1Uzzah as oaths. To them the Prophet gave a commandment to declare:" There is no god but

Allah", as an expiation for what they have said.

26) Taking People's Property Through Falsehood

Injustice may be exercised by stealing people's property, beating and insulting them, or by

violating and overbearing the weak persons.

{Think not that Allah doeth not heed the deeds of those who do wrong. He but giveth them respite

against a day when the eyes will fixedly stare in horror, they running forward with necks out

stretched, their heads uplifted, their gaze returning not towards them, and their hearts a (gaping)

So, warn mankind of the day when the wrath will reach them: then will the wrong doers say, "0

Lord! Respite us (if only) for a short time: we will answer Thy call, and follow the Messengers!"

"What were ye not want to swear aforetime that ye should offer no decline? And ye dealt in the

dwellings of men who wronged themselves, and you were clearly shown how we dealt with them,

and we put forth (many) parables in your behoof}

He, the Almighty also says,

{The blame is only against those who oppress men with wrong-doing and insolently transgress

beyond bounds through the land, defying right and justice: for such there will be a chastisement

{And soon will the unjust know what vicissitudes their affairs will take!} (Ash-Shu'ara': 227)

"Verily Allah postpones taking any action against a tyrant (so that the cup of his sins may get

full) and thereafter when he takes him to task, He will not let him escape." Then he Prophet

recited, {Such is the chastisement of thy Lord when He chastises communities in the midst of their

wrong: grievous, indeed, and severe is His chastisement.} 1 (Hud:l02)

"Whosoever apprised another person concerning his reputation or anything else, he should

beg him for forgiveness before the Day of Resurrection when there will be no money (to

compensate for wrong deeds), but if he has good deeds, those good deeds will be taken from him

according to his oppression which he has done, and if he has no good deeds, the sins of the

oppressed person will be loaded on." 2

Reported by AI-Bukhari and Muslim

Reported by AI-Bukhari and Ahmad.

Allah Almighty says in a Holy hadith,

"0 my servants! I have made oppression forbidden on my part, so do not oppress each other."1

The Prophet asked his Companions, saying,

"Do you know who is a pauper? The Companions replied that a pauper is a person who had no money or

property. The holy Prophet elucidated the point, saying, a pauper from among my followers "Ummah" is

one who will come on the Day of Judgement with a good record of Salah "Prayer" and "Sawm" Fasting

and "zakah", "the poor-due" but also abused somebody, slandered against somebody, usurped the goods of

another person, had killed someone or beaten yet another person. Then, all the oppressed persons will