Islam Guidance

Punishment for a Muharib

Punishment for a Muharib 

As mentioned in the above verse one of the following four punishments may be accorded: to kill, to crucify, to cut off hands and legs, or to exile the attacker/s from the city.

In Burhan Qur’an page. 188 it is mentioned that according to religious terminology ‘attacker’ refers to a person who frightens people, creates inconvenience in a city or desert, whether he is weak or strong, a man or a woman. In all cases such a person is a Muharib (attacker) and when the attack is directed against Muslims according to Qur’an it is equivalent to waging war against Allah (S.w.T.) and Prophet (S) and Qur’an says regarding it,

 The punishment of those who wage war against Allah and His messenger and strive to make mischief in the land is only this, that they should be murdered or crucified or their hands and their feet should be cut off on opposite sides or they should be imprisoned; this shall be as a disgrace for them in this world, and in the hereafter they shall have a grievous chastisement

(Surah al-Maidah 5:33)

 After this verse the above book says: Respected readers! At this juncture let us examine the false allegation of the modernized liberal people who say that the penal code of Islam is barbarous. Why is it that these people have reserved their sympathy and emotional feelings for murderers and robbers. Why is it that they do not sympathise with the victims of these cruel people? In most cases the victims are women and children, who are targeted by these beasts. Is there any difference in exterminating such elements to preserve peace and harmony with the destruction of germs to guard the society from deadly diseases? Would any sane person criticise a doctor for being cruel if he kills the disease germs with an injection? There is no doubt that every fair person would consider this a mercy for the society and an act of justice. It is also necessary to mention that the Merciful Maker of Islamic Law has not overlooked mercy and beneficence even with regard to a criminal offence.

 In TafsÄ«r Majmaul Bayan under the explanation of the concerned verse is a narration from Imam Muhammad Baqir (a.s.) that the punishment of an attacker is according to the seriousness of his crime. If he has committed a murder he is put to death, and if in addition to murder he has plundered wealth, he is first executed and then crucified. If only wealth is plundered without killing anyone, his punishment is severing of hands and legs. If his crime was to spread unrest, or to waylay people, his punishment is exile. This tradition clearly states that the law of Islam has prescribed punishment of an attacker according to the enormity of his sin and this itself shows mercy to a criminal. Moreover Islam has not restricted itself to this beneficence but also stipulated that if the attacker repents before being caught, he is exempted from punishment. He is only responsible for the property he has stolen. And Surah al-Mā’ida verse-34 proves this.

 On page 185 it is mentioned that the aim of heavenly law for human society is that the five basic and important things like life, faith, wealth, lineage and honour of people should be protected from any attack. An attack on these five basics can result in war and bloodshed. There is no doubt that such discipline cannot be accomplished with orders and prohibitions (Amr and Nahy) alone. The only effective deterrent is the fear of punishment.

 The great Muslim philosopher, Abu Raihān Biruni in the book TahqÄ«q Ma Lil hind writes that according to Hindu and Christian beliefs, violence of any kind should be avoided and criminals should be dealt with lenient methods. According to them the philosophy of offering the other cheek, and praying for the forgiveness of the evil doers is more effective in reforming them. But practical experience shows that not everyone is impressed with this philosophical attitude and most criminals can only be compelled to avoid evil through fear of strict punishment. The following verse gives the Islamic thoughts regarding retaliation:

 And there is life for you in (the law of) retaliation, O men of understanding, that you may guard yourselves.

(Surah al-Baqarah 2:179)

 This verse is addressed to the men of intellects who are concerned about the hereafter and who are aware of the value of this life. The verse says that human life and society is related to law of retaliation. Knowing the precise nature of punishment prescribed for a particular crime acts as a deterrent for committing it. Islam has specified penalties for serious crimes like murder, adultery, stealing, fighting, drinking, apostasy which are responsible for the decadence and destruction of civilisations. Whereas there is no prescribed punishment for minor crimes and it is left at the discretion of the judge (Hākim al-sharā). He bases his judgement according to the circumstances and other factors related to the criminal. (End of quotation from Burhān al-Qur’an)

 The philosophy of retaliation is further explained as follows: Life is balanced by discrimination between good and evil and Allah (S.w.T.)’s law of balance has to be observed and enforced. Therefore the guilty should be punished and the people against whom the crime has been committed should know what punishment has been given and how it is carried out. In this way the boundaries of transgression are clearly marked and made known.

 The details regarding the penal code are mentioned in the traditions. Regarding this there is a tradition in al-Kāfi narrated from UmrÅ« bin Uthman Madayani that Imam ‘Ali Riďa (a.s.) was asked regarding the 33-34 verses of Surah al-Mā’ida as to which crimes make one liable for above-mentioned four penalties. Imam (a.s.) said that when one wars against Allah (S.w.T.) and His Prophet (S), spreads mischief in the land, kills someone and plunders his wealth, he is to be killed and crucified. If he robs people without killing his right hand and left leg or left hand and right leg should be cut off. If he takes up weapons to war against Allah (S.w.T.) and His Prophet and try to spread mischief in the land but doesn’t kill anybody nor plunders any wealth he should be exiled.

 Imam (a.s.) was asked how such people can be exiled he (a.s.) said: He shall be expelled from the city where he has committed the crime and sent to another town and the people of that city should be informed that this is an exiled person. They must not associate with him or have any dealings with him, nor should they eat or drink with him. This should continue for a year.

 As in our age these penalties are not implemented, it is not necessary to dwell into the details and narrate more traditions on this topic.

 When a Muharib (attacker) repents sincerely before being arrested the above-mentioned penalties are not applicable for him. If he is in possession of plundered wealth it should be returned to its rightful owner. If he has committed a murder, the law of retaliation should be applied, except in the case where the victim of the crime himself pardons him.

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