All Praise is due to Allaah Who has honoured the believers with His Aid, Who has disgraced the disbelievers with His Power, The One Who has alternated the days with His Justice, and Who has made the outcome (favourable) for the pious with His Grace; and may peace and salutations be upon the one who has raised the landmarks of Islaam with his sword.
As for what follows:
The Lord `Azza Wa Jall said: “But no, by your Lord, they will not [truly] believe until they make you, [O Muhammad Sallallaahu `Alayhi Wa Sallam], judge concerning that over which they dispute among themselves and then find within themselves no discomfort from what you have judged and submit in [full, willing] submission.”- Surah An-Nisaa: 65.
He Subhaanahu Wa Ta`aalaa said: “And whoever does not judge by what Allaah has revealed – then it is those who are the disbelievers.” – Surah Al-Maa’idah: 44.
He Subhaanahu Wa Ta`aalaa said: “Then is it the judgement of [the time of] ignorance they desire? But who is better than Allaah in judgement for a people who are certain [in faith].” – Surah Al-Maa’idah: 50.
And He Subhaanahu Wa Ta`aalaa said: “That is the judgement of Allaah; He judges between you. And Allaah is Knowing and Wise.” – Surah Al-Mumtahinah: 10.
O Muslims, the one who ponders over these verses, will find within it great meanings which have disappeared from the minds of many people today, amongst it are:
1) The nullification of the Eemaan of one who seeks judgement from other than the Islaamic Sharee`ah.
2) The obligation of obedience and submission to the laws of the Sharee`ah without finding any discomfort in their hearts.
3) The one who rules by other than what Allaah has revealed is a Kaafir – Allaah’s protection is sought from that – even if he fasts, performs Salaah and claims that he is a Muslim.
4) There is no law which is better than the law of Allaah, and all other laws are ignorance.
5) When Allaah Subhaanahu Wa Ta`aalaa judges between His servants, He judges between them while He is the Most-Knowledgeable and Most-Wise, so there is no one more knowledgeable than Him, nor wiser than Him.
For this reason the Islaamic State, believing in Allaah Subhaanahu Wa Ta`aalaa who revealed the Book (the Qur’aan), disbelieving in the united nations who are at war with the Lord of lords, and rejecting the laws implemented by those who have been created from clay; enters into a covenant with Allaah Subhaanahu Wa Ta`aalaa to judge according to His Sharee`ah, on His earth, between His servants, even if the Kuffaar hate it. And we would like to explain to the people the prescribed punishments of Allaah, as a means of excuse and warning.
We are frightening the people with their Lord (i.e. to fear Allaah’s punishment), and we call them to enter His mercy by adhering to His commands and abstaining from His prohibitions, because all goodness is found in that, and there is no goodness in the convicted if he does not submit to the Sharee`ah of his Lord, and there is no goodness in a judge if he does not rule with the Sharee`ah of Allaah between His slaves.
The Islaamic State will not be slack (on their own selves) in this great purpose for which it had offered hundreds of martyrs from its pure pious sons, in fact it has carried out the Sharee`ah of Allaah on its own soldiers, and more than once those laws reached the level of death (and they were put to death).
“And Allaah is predominant over His affair, but most of the people do not know.” – Surah Yusuf: 21.
Safar 1436 – December 2014
Bismillaahir Rahmaanir Raheem.
All Praise is due to Allaah, Salutations and Peace upon the Messenger of Allaah, and upon his family, companions and those that follow him.
As for what follows:
Due to people having turned away from the law of Allaah for so long, we find that many have become unaware of what all the Sharee`ah (prescribed punishments) entails, they think it’s all flowers and hippie signs, thus when they see a list like this mentioning death for many crimes, then they accuse the Islaamic State of being bloodthirsty and just wanting to kill everyone, little do they realise that it actually comes from the Sharee`ah and the Islaamic State is just following the law.
Now because this short article has not mentioned any Daleel for the points mentioned, therefore I have attempted to give a cursory glance at the proofs for each of the abovementioned punishments.
Wa Billaahit Tawfeeq.
The first three are interlinked, they are:
1: Insulting Allaah Subhaanahu Wa Ta`aalaa
2: Insulting Rasoolullaah Sallallaahu `Alayhi Wa Sallam
3: Insulting the Deen
Regarding the above, Imaam Ibn Taymiyyah Rahimahullaah mentions in his Magnum Opus “As-Saarim AlMaslool `Alaa Shaatimir Rasool” from Imaam Is’haaq Ibn Raahawayh Rahimahullaah who said: “The Muslims are unanimous that the one who insults Allaah, or insults His Messenger Sallallaahu `Alayhi Wa Sallam, or rejects a single thing which Allaah `Azza Wa Jall has revealed, or kills a Nabi from the Anbiyaa of Allaah `Azza Wa Jall, then such a person is a Kaafir by that action even if he affirms everything else which Allaah has revealed.”
He further narrates that Imaam Al-Khattaabi Rahimahullaah said: “I do not know any of the Muslims who differed regarding the obligation of killing him.”
Just to comment further though on point #2 and the issue of killing the insulter even if he repents, There exists two views amongst the `Ulamaa, one which says the person’s repentance can be accepted and he will not be killed, and another view which says that even if he repents the crime is such that he must still be killed.
Imaam Ibn Taymiyyah Rahimahullaah mentions further in “As-Saarim Al-Maslool `Alaa Shaatimir Rasool” that Al-Qaadhi and his son Abul Husayn Rahimahumallaah both said: “If a person insults Nabi Sallallaahu `Alayhi Wa Sallam, he is to be killed, and his repentance is not accepted, whether he’s a Muslim or Kaafir, and it will be considered as a breach of covenant.”
He also mentions from Imaam Abul Mawaahib Al-`Ukbari Rahimahullaah who said: “It is obligatory upon the one who slanders Nabi Sallallaahu `Alayhi Wa Sallam to receive the harshest punishment, which is death, regardless of whether he repents or not, irrespective of whether he’s a Dhimmi or a Muslim.”
There are numerous other quotes, incidents and Ahaadeeth which could be quoted, but for the sake of brevity we shall suffice with what has been mentioned here.
With regards to the next two:
4: Adultery (by a married person)
5: Fornication (by an unmarried person)
These two are answered together in one Hadeeth.
Hadhrat `Ubaadah Ibn As-Saamit Radhiallaahu `Anhu narrates that Rasoolullaah Sallallaahu `Alayhi Wa Sallam said: “Take from me, take from me (your rulings), Allaah has made a way out for them, an unmarried male with an unmarried female for them is 100 lashes and exile for one year, and a married male with a married female, for them is 100 lashes and stoning (to death).” – Saheeh Muslim
Hadhrat `Abdullaah Ibn `Abbaas Radhiallaahu `Anhumaa narrates that Rasoolullaah Sallallaahu `Alayhi Wa Sallam said: “Whoever you find doing the actions (i.e. homosexuality) of the people of Lut (`Alayhis Salaam) then kill the one who does it and the one to whom it is done.” – Sunan At-Tirmidhi
The `Ulamaa have many different viewpoints though on how the homosexual is to be killed, some say he is to be stoned, some say he is to be placed in a building and collapse the building on him, others say he is to be thrown off a high place and then stones should be cast down on him, and it is this third view which is favoured by the Islaamic State.
Abu Nadhrah mentions that Hadhrat `Abdullaah Ibn `Abbaas Radhiallaahu `Anhumaa was asked: “What is the prescribed punishment for one who engages in homosexual acts?” He (Radhiallaahu `Anhu) replied: “Look what is the highest building available in town and throw him off it upside down, and then follow it up by casting stones on him.” – Musannaf Ibn Abi Shaybah
Allaah says in Surah Al-Maa’idah Verse 38: “[As for] the thief, the male and the female, cut off their hands in recompense for what they committed as a deterrent [punishment] from Allaah. And Allaah is Exalted in Might and Wise.“
8: Drinking Wine
On this point the `Ulamaa differ whether the punishment is 40 or 80 lashes, the majority view is that he is to be given 80 lashes. Imaam Al-Kaasaani Rahimahullaah says in Badaa’i `Us Sanaa’i`: “The prescribed punishment for drinking wine and for becoming intoxicated is decreed to be 80 lashes for a free man based on the consensus of the Sahaabah Radhiallaahu `Anhum and their deductive reasoning of the punishment for slander.”
Allaah says in Surah An-Noor Verse 4: “And those who accuse chaste women and then do not produce four witnesses – lash them with eighty lashes and do not accept from them testimony ever after. And those are the defiantly disobedient.”
10: Spying for the interests of the Kuffaar
In At-Taaju Wal-Ikleelu li Mukhtasari Khaleel, Imaam Abu `Abdillaah Al-Mawwaaq Rahimahullaah mentions: “Imaam Maalik was asked regarding a spy from the Muslims who was caught and had written a letter to the Romans informing them about the affairs of the Muslims” He replied: “I haven’t heard anything regarding it, but I hold the view that it’s up to the decision of the Imaam (Khaleefah).”
Imaam Al-Lakhmi said: “This view of (Imaam) Maalik is good.”
But then he mentions: (Imaam) Ibn Al-Qaasim said: “I believe his head should be chopped off.”
Imaam Ibn Rushd Rahimahullaah agreed and said: “This view of Ibn Al-Qaasim is correct because he (the spy) is more harmful than the one at war.”
11: Apostatising from Islaam
Hadhrat `Abdullaah Ibn `Abbaas Radhiallaahu `Anhumaa narrates that Rasoolullaah Sallallaahu `Alayhi Wa Sallam said: “Whoever changes his religion (from Islaam) then kill him.” – Saheeh Al-Bukhaari
Imaam Ibn Katheer Rahimahullaah mentions in Tafseer Ibn Katheer that Hadhrat `Abdullaah Ibn `Abbaas Radhiallaahu `Anhumaa said regarding bandits: “If they kill and take wealth then they are killed and crucified, but if they kill without taking wealth then they are just killed but not crucified, if they take wealth without killing then their opposite hand and foot will be cut off, and if they frighten people on the road but do not take wealth then they are exiled from the land.”
This here then is the last of the Hudood mentioned in the article, and as can be seen everything has a basis in the Sharee`ah, and though the `Ulamaa may differ here and there on issues according to the various Madhaahib, the fact remains that all these are valid legitimate viewpoints as well. So it’s not at all an issue of the Islaamic State making up their own rulings, quite the contrary actually. May Allaah grant us all the understanding.
Wa Aakhiru Da`waanaa
Anilhamdu Lillaahi Rabbil `Aalameen.