Sources of Rulings in Islamic Jurisprudence Examples for situations where

Sources of rulings in islamic jurisprudence examples

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Sources of Rulings in Islamic Jurisprudence Examples for situations – where Tafaqu is needed Another Example – People trying to spread disorder on the earth: Refer to Surah Al-Ma’idah [The Repast] ۃدئام لسا ۃروسس ) ) Ayaat No 33 [5:33] او ُ ب ّ ل َ ص ُ ي ْ و َ أ او ُ ل ّ تَق ُ ي ْ ن َ أ ا ً دا َ س َ ف ِ ض ْ ر َ ْ لا ي ِ ف َ ن ْ و َ ع ْ س َ ي َ و ُ ه َ لو ُ زس َ ر َ و َ ه ّ للا َ نو ُ ب ِ را َ ح ُ ي َ ني ِ ذ ّ لا ُءا َ ز َ ج ا َ م ّ ن ِ إ ِ ض ْ ر َ ْ لا َ ن ِ م ا ْ وَف ْ ن ُ ي ْ و َ أ ٍ ف َ ل ِ خ ْ ن ِ م ْ م ُ ه ُ ل ُ ج ْ ر َ أ َ و ْ م ِ هي ِ د ْ ي َ أ َ ع ّ طَق ُ ت ْ و َ أ ۚ Those who fight against Allah and His Messenger and run about trying to spread disorder on the earth, their punishment is no other than that they should be killed, or crucified, or their hands and legs be cut off from different sides, or they be kept away from the land (they live in) 66
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Sources of Rulings in Islamic Jurisprudence Examples for situations – where Tafaqu is needed Another Example – People trying to spread disorder on the earth(cont’d): This is the legal punishment for highway robbery or show of force for the purpose of looting someone The Holy Quran has called it ‘fighting against Allah and His Messenger’ and ‘spreading disorder on the earth’ As this offense is essentially a crime against society it is termed by the jurists as Harabah (fighting) The verse have prescribed four punishments for this offence using the word ‘or’ 67
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Sources of Rulings in Islamic Jurisprudence Examples for situations – where Tafaqu is needed Another Example – People trying to spread disorder on the earth(cont’d): Some of the jurists like Imam Malik (RA), are of the view that the word ‘or’ signifies that the choice between these punishments is left to the Islamic state. Keeping in view the severity of the crime, the state may award any of these four punishments 68
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Sources of Rulings in Islamic Jurisprudence Examples for situations – where Tafaqu is needed Another Example – People trying to spread disorder on the earth(cont’d): Other jurists, like Imam Abu Hanifah (RA), interpret the word ‘or’ to mean that these four punishments are prescribed for different situations as follows: If the robbers have killed someone in the course of robbery, but were not able to loot any property They should be killed as had( prescribed punishment) and not as Qisas (retaliation) It implies that the sentence of death awarded to them cannot be forgiven by the heirs of the deceased If they have looted the property of someone and have also killed someone in the course of robbery They shall be crucified 69
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Sources of Rulings in Islamic Jurisprudence Examples for situations – where Tafaqu is needed Another Example – People trying to spread disorder on the earth(cont’d): Other jurists, like Imam Abu Hanifah (RA), interpret the word ‘or’ to mean that these four punishments are prescribed for different situations as follows: If they have looted the property by show of force, but did not kill anyone, Then their right hands and left legs will be amputated 70
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  • Summer '19
  • Faisal Sawar

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