Maintenance of Law and Order and Enforcement of Hudud


Section E: Maintenance of Law and Order and Enforcement of Hudud

While the act of surveillance* is supposed to be the duty of every Muslim, this cannot be left as a totally voluntary duty. It is for the government to ensure that a group of persons is effectively engaged in this task on a full-time basis. In either case, the government must take a hortatory role and act as a moral force. It is equally the duty of the government to use its force in order to maintain law and order in the country. The Divine scheme of life as enunciated in the Qur’an and Hadith hates fasad (corruption) and zulm (injustice) in the society.

The frequent mention in the Qur’an that Allah does not like fasad and that Allah does not like zulm and the severe admonitions which the Qur’an associates with these vices make it obligatory for an Islamic state not only to suppress these vices but also to plug all the loopholes that lead one to indulge in them. The term fasad is used in the Qur’an to convey the following meanings:

  1. Creating chaos and confusion (2:11, 27, 30, 205; 17:4, etc.)
  2. Violating moral limits (26:151, 152)
  3. Under-weighing and under-measurement (11:85-6)
  4. Harming unity and co-operation among Muslims (8:73)
  5. Disintegrating the nation into classes and discriminating against the down-trodden (28:4)
  6. Disturbing the social, religious, or political set-up (7:74, 85, 86).
  7. Murder (5:32), burglary (12:70), dacoity or banditry (5:33), and homosexuality (29:30)
  8. Egotism (23:71) and violation of divine law (89:11, 12)
  9. Misuse of wealth and neglecting others rights in one’s wealth (28:76, 77)
  10. Forbidding others from following the divine path (16:88)

 

The word zulm is used in the Qur’an in the following connotations:

  1. Disobedience to the dictates of Allah (2:35; 6:23; 11:37; 17:59), His Messenger (6:136), and following one’s own desires (30:29)
  2. Depriving others of their rights (2:272, 281; 4:10, 30; 10:54; 16:111; 20:112)
  3. Disregarding fair family relationship as visualized in the Qur’an (2:229-31)
  4. Practising interest (2:279)
  5. Concealment of evidence (2:140)
  6. Stopping others from prayers and destroying worship houses (2:114)
  7. Laying false charges for punishment (12:79, 17:33)
  8. Oppression of the weaker class of the society (16:41)
  9. Indulging in vices (6:83)

The Hadith literature encompasses such a large number of acts which the Prophet (peace be upon him) has treated as fasad or zulm that a volume would be needed to list them. To cite one example, a Hadith warns parents against refusing to marry their daughters if a man of acceptable religious and moral integrity proposes; the refusal would bring about fasad in the society. Another Hadith terms procrastination by a resourceman (from repayment if debt) as zulm. `Fear the curse of the oppressed` warned the Prophet (peace be upon him). The Prophet himself invoked Allah to protect him from doing injustice and from being the victim of injustice.

While the function of surveillance is to ensure that fasad and zulm are discouraged in the society, the violations are strictly dealt with through its machinery of law and order and judiciary. There are some offenses whose punishments have been laid down in the Qur’an (2:178; 5:32, 33, 38, 45; 24:2, 4) or Hadith and are called hudud. The Sunnah also lays down elaborate rules of diyat (blood money) and compensation for injuries. In addition there are some other offenses whose punishments have not been prescribed and these can be brought under statutory law along with those offenses which have not been specified in the Qur’an…

[Page # 79-80] S.M. Hasanuz Zaman. Economic Functions of an Islamic State (the Early Experience). The Islamic Foundation, 1981. Karachi.

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* By surveillance the author is continuing from section D, in which the author discusses the Islamic commandment of Amr bil maruuf wa nahi anil munkar (enjoin right conduct and forbid indecency- pg 78). This surveillance, of course, doesn’t mean sneaking and monitoring your neighbours and such, for that is very unethical and unislamic act itself.

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Note: I would like to say this that while there Islamophobic propaganda campaign tries to demonize Islam and its principles, what I would like to say to these “modern muslims” or “enlightened moderate muslims” that before you try to change Islam as per Western values, which we should all know beyond doubt that it claims to seek the seperation of Religion and State, these modernists should know that Islam is perfected by Allah Himself on Prophet Muhammad SAW. Their is evidence for the Hudood in Quran & Sunnah, and leaves no doubt in the mind of the Muslim that it is based in Islam.

What needs to be done is Muslims need to understand their religion by studing it, they need to seize thinking that they know enough of Islam from what they have learned from their parents or culture. Before they take on Islam, and intentionally or unintentionally act against Islam, they should know fully well what steps they are undertaking!

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Filed under Hadith, Islam, Sharia

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