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Prohibition
of Targeting Innocent & Unrelated Persons: According
to Islamic Shariah, whether it is the matter of an individual, group or
ideological difference, persons who are not concerned or related to a
particular action, cannot be held responsible for the action of others.
For example, if the communal elements suppress or victimize members of
Muslim minority of India, destroy the mosques and madrasas, it is not
incumbent on the people of Muslim-majority areas to ill treat the Non-Muslim
minority or destroy their places of worship. It is injustice and atrocity to
blame someone not concerned with an act, for the act committed by others. However,
legitimate possible methods may be adopted for opposition to oppression and
excesses. Holy Quran makes it clear, "Namely, that no bearer of
burdens can bear the burden of Before
the advent of Islam, the custom of "Saar" was prevalent. If
someone was killed, the members of the tribe of the victim had their revenge
by killing a member of the tribe of the assassin. It was not necessary that
the assassin be killed for revenge. In that process, several innocent
persons got killed merely due to their affiliation with a particular tribe. The
Prophet (pbuh} strictly prohibited the practice as it belonged to the era of
ignorance and darkness. As in the case of 'Saar' persons were killed due to
their tribal affiliation, likewise killing persons on account of their
religious, linguistic or national affiliation also is a crime. In the Age of
Great Caliphate and subsequently, the just rulers did not interfere in the
religious matters of their enemies, even during the battles. During
the crusade, Salahuddin Ayyubi did not victimize the Christians of Syria,
Palestine and other places although he was at war with their
co-religionists. Instructions in detail have been given in the books of
Islamic jurisprudence & Sunnah about the treatment of Non-Muslim
subjects and those under contract. Islamic jurisprudence allows punishment of the culprit according to the gravity of the crime, permitting revenge equal to the injury caused. Pardon is preferred to punishment. Holy
Quran has several verses, elaborating the point, "And so for all
things prohibited, there is the law of equality. If then anyone transgresses
the prohibition against you, transgress ye likewise against him. But fear
Allah, and know that Allah is with those who restrain themselves." "And
if ye punish, let your punishment be proportionate to the wrong that has
been done to you: but if ye show patience, that is indeed the best (course)
for those who are patient. "(Surah Al Nahl, verse 126) It
means that if you suffer injuries and if you are competent, you may take
revenge of the same degree. Revenge is permitted but self-restraint or
forbearance is preferable. If you are patient that would be better for you
and those who are witness. (Fawaid-e-Usmani). "Fight
in the cause of Allah those who fight you but do not transgress limits; for
Allah loveth not transgressors. "
(Surah Al Baqarah, verse 190) Refraining
from committing excesses in this context implies that during the battle,
children, aged persons and women should not be killed. Revenge against a
tyrant should be of defensive type, limited to the degree of injury
suffered. The intention is to dissuade the tyrants and oppressors from
committing further atrocities and excesses. The
orbit of suppression should not grow wider. Vindictive action against
persons belonging to the tribe or the community of the assassin, but who
have nothing to do with an atrocity, leads to further enlargement of the
area of hostility. Accordingly Islamic Shariah permits action directly only
against the culprit. That
covers all terrorist activities, which affect innocent persons, or others
not directly or indirectly connected with the cause of hostility. There is
no clear direction or instruction applying to kidnapping innocent persons
for the acceptance of certain demands or slow torture with the intention of
killing in the most inhuman and brutal manner. However
the principles laid down, prohibiting killing or targeting innocent
persons are applicable to such cases also. Arson, racial cleansing,
atrocities on people worshiping according to the practices laid down for
their creed, rampage and destruction have no place in the teachings of
Islam. Islam has strictly forbidden arson and murder of an envoy even in the
course of battle. The
Prophet (Pbuh) has strictly forbid assassination in a brutal and painful
manner. Likewise animals too should not be killed in that manner. Passengers
of hijacked planes and persons taken hostage too, suffer in the same manner.
Hijacking too is a threat to peace and freedom so it has no support in the
Islamic Shariah. Such acts done, even with the most noble and great cause in
mind have no justification under Islamic jurisprudence. Concept of Divine Compassion and Peace in Islam: Any
terrorist activity, which targets innocent persons, is against the concept
of Divine Compassion and peace, which are synonyms in Islam. That point has
been elucidated from different angles. Islam views any human act that
violates Divine Compassion or peace with great contempt and derision.
According to Holy Quran the Prophet (Pbuh) is the instrument of Divine
Compassion for the whole world. "We
sent thee not, but as a Mercy for all creatures. " (Surah Al
Anbiyaa, verse No. 1 07). Holy Quran has described the Prophet (Pbuh)
as 'very compassionate.' According
to a famous tradition of the Prophet (Pbuh) he has described all creatures
as the 'family of Allah' and has instructed that they should be treated
well. 'He is the most beloved of Allah, who treats His family well. (Mishkat
Shareef, Chapter about Good Behaviour). The Almighty has emphasized that
aspect of Divine Compassion. One who is kind to others is qualified for
Divine Compassion. The Quran makes it very clear, "My Mercy
extendeth to all things. " (Surah Al A 'raf, verse 156)
Evidently, that points to world peace and not to atmosphere of terror or
lawlessness. A climate of anarchy violates Divine Compassion and blessings
of the Prophet (Pbuh). Eradication
of Anarchy: Islamic
Shariah has emphasized adoption of every possible step for promotion of
peace and checking anarchy. In the verse No.56 of Surah Al Aaraf, it
has been made very clear: "Do
not mischief on the earth, after it hath been set in order, " The
Holy Quran has further elaborated the point at another place; "That
Home of the Hereafter we shall give to those who intend not high-handedness
of mischief on earth: and the End is (best) for the righteous. " (Verse
83 of Surah Al Qasas). According to Islamic Shariah, peace
should be a priority. Even in the course of battle, the opponent proposes
peace, that offer should be immediately accepted. It recommends strict
punishment for murderers and aggressors, because they disturb peace. The aim
is to ensure respect for human life. The books of Sunnah and Islamic
jurisprudence contain elaborate instructions for curbing terror and fear in
social life. The
Holy Quran states "0 ye who believe! The law of equality is
prescribed to you in cases of murder: The free for the free, the slave for
the slave, the woman for the woman. But if any remission is made by the
brother of the slain, then grant any reasonable demand, and compensate him
with handsome gratitude. This is a concession and a Mercy from your Lord.
After this whoever exceeds the limits shall be in grave chastisement. In the
Law of Equality there is (saving of) Life to you. 0 ye men of understanding;
that ye may restrain yourselves. " (Surah Al Bakarah, verse 178-179) That
provision carries great wisdom. If the assassin knows that he shall receive
capital punishment for unjustified murder, he will not dare commit murder pf
an innocent person. The fear of the imposition of capital punishment, checks
bloodshed, rampage and destruction. Due to that, there is peace and
tranquility in social life. Islamic
Shariah provides stringent punishment for highway robbery, because the
bandit destroys the trust, security and mental peace of the traveler. Quran
describes it as battle against Allah and the Prophet (Pbuh). (For details
please refer to Surah al Maidah, Verses 32 & 33). Causing fear
and terror in peaceful social atmosphere has been held as a crime, Even if
that is of minor type, Islam recommends every possible step for checking it
for an atmosphere of peace and tranquility. Concept
of Tolerance in Islam: Islam
presents the best practical model of tolerance. It is a baseless fabrication
that Islam is not disposed to tolerating people belonging to other creeds,
ideologies and religions. The history of Islam offers models of religious
tolerance and best treatment of persons belonging to different faiths. Islam
certainly claims to be the right religion, but doesn't teach that the
persons holding different creeds and different ideas should be eliminated by
forte. It aims to create suitable atmosphere for the principle "live
and let live." While emphasizing and preaching truth, it stands opposed
to eliminate 'untruth' by force or suppression. Surah
Al Kafiroon makes it clear,
"To you be your Way, and to me mine." "Let there be no
compulsion in religion. " (Surah Al Baqarah, verse 256). The
great authority on the interpretation of Islam, Ibn-e-Kaseer may be
cited in support of the view. He said that none should be forced to embrace
Islam. The logic in support of Islam is crystal clear; the arguments in its
support do not require that anybody should be compelled to adopt Islam. He
has expressed the view while explaining the verse from Surah Al Kafiroon.
According to Islam blasphemy, infidelity, and paganism are heinous and
unpardonable crimes. However, reviling the practices and worship of anything
other than Allah has been forbidden. Verse 108 of Surah Al-Inaam makes
it clear, "Revile not ye those whom they call upon besides Allah. "
Besides infidels Islam advocates co-existence with the Christians and Jews
in an atmosphere of peace and tolerance. Several important points have been
laid down to ensure that. If those are observed and put into practice,
social and religious conflict of every type may be avoided. The most
important among them is adoption of agreed and unanimous approach about
common issues. In
the. Verse No. 64 of Surah Aal-e-Imran, the Holy Quran states,
"O People of the Book! come to common terms as between us and
you: that we worship none but Allah; that we associate no partners with Him;
that we erect not, from among ourselves, Lords and patrons other than Allah.
"Islam equally respects all prophets and messengers of God.
Discrimination among them in respect of their being prophet is regarded as
blasphemy. Faith requires belief in all those who have preceded our Prophet.
Without the "The
Messenger believeth in what hath been revealed to him from his Lord, as do
the men of faith, each one (of them) believeth in Allah, His angels, His
books, and His Messengers. "We
make no distinction (they say) between one and another of his Messengers. "
(AI Baqarah. verse 285) Islam
has invited attention to another important point, "The concept of unity
of mankind" "O
mankind! We created you from a single (pair) of a male and a female, and
made you into nations and tribes, that ye may know each other (not that ye
may despise (each other). Verily the most honoured of you in the sight of
Allah is (he who is) the most rightenous of you." (Surah Al Hujurat,
verse 13) From
the human angle there is no impediment to the treatment of persons belonging
to other religions and ideologies in a fair and equitable manner. The Holy
Quran guides in the matter. "Allah
forbids you not, with regard to those who fight you not for (your) Faith nor
drive you out of your homes, from dealing kindly and justly with them: For
Allah loveth those who are just. "(Surah
Mumtahina, verse 8) Justice
and fair play are pre requisite for a healthy and peaceful society.
Disruption of peace is the reaction of terror, injustice and atrocity. In
view of that Islam has placed great emphasis on adhering to justice and fair
play irrespective of distinction of creed and community. Islam has
prohibited partiality in the matter of justice, even if it concerns your
blood relation. “O
ye who Believe! Stand out firmly for justice, as witnesses to Allah. even as
against yourselves, or your parents, or your kin, and whether it be
(against) rich or poor: For Allah can best protect both. Follow not the
lusts (of your hearts), lest ye swerve, and if ye distort (justice) or
decline to do justice, verily Allah is well-acquainted with all that ye do. "
(Surah Al Nisaa, verse 135) "O
ye who Believe! Stand out firmly for Allah, as witnesses to fair dealing,
and let not the hatred of others to you make you swerve to wrong and depart
from justice. Be just: that is next to Piety: and fiar Allah. For Allah is
well-acquainted with all that ye do. " (Surah
Al Maidah, Verse 8) According
to Islamic ideology all human beings stand equal for respect and kind
consideration. "We
have honored the sons of Adam. "
(Surah Bani israel, verse 70) Therefore
a human being who is respectable should not be subjected to atrocity and
unjust treatment because that is disrespect and dishonor to him. The Prophet
(pubh) declared that the protest of the victim of atrocity, irrespective of
his creed and religion has the prospect of being heard by Allah.
Discrimination among human beings is against humanitarian considerations. According
to Imam Mohammad when there was famine in Mecca, the Prophet (Pbuh) sent
goods for their relief, although he knew that the people of Mecca were not
Muslims. (AI Sharh-ul-sair-I-Kabeer, Part I, pp144) According
to Shariah, the Prophet (Pbuh) has urged the help of neighbors. It is not
necessary that the neighbor be a Muslim. It is enough that he is neighbor.
The Islamic State assures the security of life and property. It also
guarantees religious, economic, commercial and educational freedom for
Non-Muslim subjects. Islamic Shariah does not permit discrimination between
Muslim and Non-Muslim in the matters of security of life and property.
According to Imam Abu Yusuf, harassing a Non-Muslim of Islamic State invites
Divine Wrath. (Kitab-ul-Khiraj, pp125) If
a Muslim borrows money from a Non-Muslim subject of an Islamic State, and
does not pay back, the Qazi may imprison him till he returns the amount. It
is the obligation of an Islamic State that it should redress the grievances
and sufferings of its Non-Muslim subjects. Speaking against them also is
prohibited. According
to Allama Shami, oppression of Non-Muslim subjects is a grave and serious
crime. (For
details please refer to Durre Mukhtar ma-al-Shami Volume III pp344 t0346) If
the Non-Muslims subjects of an Islamic State are poor and needy, they should
be supported and helped from the funds of Islamic Bait-ul-Mal.
(Kitab-ul-Khiraj pp144) Under
the regime of Hazrat Umar a treaty was executed with the people of Quds that
provided for security of life and property as well as protection of the
church, the cross and other religious symbols. Assurance was given that
there shall be no interference in the affairs of the Church. The churches
will not be demolished or desecrated, the cross shall not be taken away or
the funds seized. There shall be no force or compulsion in the affairs of
religion. Nobody shall be harassed. (Tarikh-e-Tabari, Part IlL pp 609) The
treaty executed by Hazrat Khalid bin Valeed with the people of Aanaat,
provided for the freedom to ring bells any time throughout day or night
whenever they liked and move about with the crosses during their
festivities. (Kitab-ul-Khiraj, Imam Yusuf. pp146) The
authorities of Islamic jurisprudence have discussed in detail, the
commercial freedom of Non-Muslim citizens under Islamic regime. Only trade
in liquor is forbidden because it leads to disorder in society. Excluding
that they have complete freedom to carry on any other trade or industry.
That totally refutes the allegation that Islam or Muslims do not believe in
co-existence with Non-Muslims, or under Islam there is no scope of tolerance
of persons professing other religions. The false propaganda, carrying such
series of allegations is regrettable and is based on ignorance of facts.
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