PUNISHMENT   IN ISLAMIC LAW

(Aleuqubat Fi Alshryet Al'iislamia)

A paper written by the Sheikh in the sixties of the last century, printed in a separate pamphlet and also published with a book research group under the name of "Jurisprudence Research Group "

The sheikh says about this research :

One of the characteristics of Islamic law is comprehensive, and we mean this characteristic that Islamic law regulates the various affairs of life and governs all human actions and shows for him methods of behavior in life and defines his relationships with God Almighty and with others of his gender, and thus nothing deviates from the rule and regulation of Sharia .

Walking according to the organization and methodology of Islamic law, standing at its limits and adhering to its provisions will definitely lead to true happiness in this world and the hereafter, because the guidance is confined to it and is not found in others. It is based on Islamic law - guidance for all people, while the allocation of guidance in some of the verses of the Koran believers and pious like the verse (this statement for people, a guidance and an admonition for the righteous) and says: (O people, have come to an admonition from your Lord and a healing for what is in the breasts and guidance and mercy for the believers) This particularization does not mean that the Qur’an was revealed to the believers only and that it is specific to them, but rather that it was singled out for them and became a guide for them because they benefited from it without others .

And the refusal to be guided by the guidance of Islamic law, deviation from its approach and its rules of behavior, and disobedience to its orders, all of this definitely leads to misery and miserable life and the infliction of punishment for those who reject the deviant .

Punishment for disobedient in Islamic law for disobedient and those who deviate from its methods and provisions are of two types :

Type I   : punishment Otherworldly is  being handled by the  Almighty in the  afterlife (all the  same day you find what worked best and  what worked a  record of  bad wishes if between them and him lasting away God warns himself and God 's  merciful slaves ).

The eschatological punishment is the principle in Islamic law, because it takes place after the exam period ends and the person completes his journey on the earth, turning the page of his deeds, then evaluating these deeds by the Lord of the worlds, then God reckoning with people in the hereafter on the basis of this calendar. That is why the hereafter is called the Day of Judgment, meaning the Day of Judgment. Consequently, the benefactor receives the reward he deserves, and the offender receives the punishment he deserves . This type of punishment is what is required by the Lord’s justice and from the requirements of the command and the prohibition. There is no detail here, nor is it the subject of our discussion .

The second type :  worldly punishment, and this type has   two parts   :

The first section   : Punishment by which the universal Sunnah of God is carried out, and is based on the law of cause and reason, and linking results with introductions, and it affects individuals and groups in the event that they deviate from God's law . This type takes different forms, it may be the destruction of the nation, the dispersion of its word and the domination of the enemies over it, or by striking humiliation and humiliation over it, or by infecting people with distress, fear, anxiety, lack of souls and fruits, or other forms and types of punishment .

The Holy Quran has indicated in many of its verses its fixed Sunnah in this type of punishment, including :

( The Sunnah of Allah, which has been devoid of before, and the Sunnah of Allah will not find a substitute ).

( Sunnahs were emptied before you, so walk through the earth and see how the consequences of the deniers have been ).

( Then did they not walk on the earth and see what was the outcome of those before them - God has destroyed them and the unbelievers )

The Sunnah of God does not change and does not change in those who deviate from his law, they are devastated and it is from the punishment of God with which his cosmic year was carried out in people based on linking the cause to the cause and the introduction to the result .

B - (And those villages are their inhabitants, when they wronged them, and they made us to destroy their destroyers a date) and God Almighty said: (And your oppression destroys you through their lives .

C - (And adhere to the grain of God all together, and do not be divided) and His words (and obey God and His Messenger) and do not quarrel, so let us quarrel and dissuade you . Separation and not adhering to the law of God lead to torture, and in the noble hadith (the group is a mercy and the group is a punishment ).

D - (And whoever turns away from my remembrance, for he has a livelihood of dengue, and we will shore it on the Day of Resurrection is blind ...) So, living in various forms and types of dengue is a deviation from it, whether it is a dengue in its different forms or types, whether it is a dengue in its different forms or types .

E - And in the noble hadith on the  authority of the   Prophet   (Rather, the people of those before you were destroyed, that if the honorable stole from them they left him, and if the weak stole from them, they set the limit upon him ).

  It is noted here regarding this section of punishment :

• This punishment if it came down the group to wear them the reasons for this punishment , it  affects the good and bad,   he says (and fear tumult not Tseben those who do wrong , especially of you and know that Allah is severe in punishment). Ibn Abbas said , may Allah be pleased with them in the interpretation of this verse: (is God believers that They do not acknowledge the deniers, and they will be tormented) and afflicting the good with this kind of torment, either it is the same as the disease that affects the right when the epidemic spreads, or it is due to the failure of the good to prevent the causes of punishment, and this issue is not detailed here.
• The second observation is that this type of worldly punishment does not exclude the eschatological punishment for those who deserve it, even if the punishment in this world has afflicted them, and its descent in this world is with their punishment in the hereafter according to the cosmic Sunnah of God and for consideration and exhortation, the Almighty said:

And the second part: from the worldly punishment  , and it includes the punishments stipulated in Islamic Sharia and ordered the rulers of affairs to implement them against the violators of its provisions to commit what it forbidden or to leave what is required by them, i.e. by committing what is considered a crime in Sharia, such as cutting off the hand of the thief in theft, retribution in intentional killing, and so on .

These penalties are the subject of our discussion, the basis of which we will explain in the first chapter, their general origins in the second chapter, their characteristics in the third chapter, and their types in the fourth chapter .

  Regarding these penalties, the following are noted :

•    It does not prevent punishment eschatological who held it, because the punishment eschatological raises sincere repentance does not establish punishment worldly, he says: (but reward those who fight Allah and His Messenger, and seek mischief in the land to be killed or crucified, or cut off their hands and feet from opposite or put out of the earth, so They have shame in this world, and they have great punishment in the hereafter. And it says in the noble hadith: “If the thief repents, his hand precedes him to Heaven, and if he does not repent, his hand precedes him to Hell.” The thief does not waive the punishment in the hereafter and if he is punished in this world by cutting his hand, unless he repents sincerely.
• The enactment of these punishments means that violations of Islamic law may occur even by Muslims themselves, because in the human soul there is a preparation for aggression and tendencies to evil and injustice, so it was necessary to suppress these impulses by legislating punishment in the world to deter responding to these impulses.
• The enactment of these penalties is a manifestation of the comprehensiveness of Sharia, which is one of its characteristics, as we said before.