Kamis, 05 Agustus 2010

Islamic Law To Thieves

He sallallaahu 'alayhi wasallam never cut the hands of someone who stole a shield whose price is 3 dirhams. (1) He sallallaahu 'alayhi wasallam has also been determined that a thief's hand should not be withheld if stolen less than ¼ dinar. (Narrated by al-Bukhari (12/89), Muslim (1684), Malik (2 / 832), al-Tirmidhi (1445) and Abu Dawood (4383) from the hadeeth of Aisha-radhiallahu-Riders.) Past authentic from him that He said, "Cut the hands of theft amounting to ¼ dinar, and do not you cut if its value at the bottom of it." Mentioned by Imam Ahmad, may Allaah have mercy-. (Narrated by Ahmad (6 / 80) from the hadeeth of Aisha-radhiallahu-Riders with a strong isnaad) Aisha-radhiallahu-Riders said, "There never was a thief's hand cut in the time of the Prophet sallallaahu 'alayhi wasallam in stolen with a value less than the price of a shield , shield and each of these items have value. "(Narrated by al-Bukhari (12/89), Muslim (1684) and Malik in al-Muwatta '(2 / 832)) has been authentic from him that he said," God has cursed the thief who steals a rope and then hand cut, and who steals an egg and his hand cut off. "(Narrated by al-Bukhari (12/94), Muslim (1687) and An-Nasa` i (8 / 65)) There is an says: What is meant here is an egg rope hawser while the intention is iron. There is a saying: Even in question is all the ropes and eggs. Some say: This is the posting of a reality that never happens, it means: He stole it and then lead her hands cut off because of petty theft for stealing goods that deliver greater value than that. Al-A'masy said, "They (the Tabi'in) considered that meant there was a white iron rope while the rope is equal to the price with a few dirhams." He menghukumi a woman who has never borrowed jewelry and he did not admit it, by cutting hand. (2) Ahmad, may Allaah have mercy-argue with this law (3) and there is no argument against him. He sallallaahu 'alayhi wasallam menghukumi legal abort cut the hands of al-muntahib (stealing from the wealth ghanimah), al-mukhtalis (usurper), and al-kha `in (4), and is meant by al-kha` in is a betrayal goods which he borrowed. As for those who do not recognize the items he borrowed, so he was included in the group thieves according to the Shari'a, because when the companions of the Prophet r speaking about a woman who borrowed jewelry and then he denied it so he cut off his hand, and he said, "By the soul His hand is, if Fatima bintu undoubtedly Muhammad stole I would cut off his hand. "(5) Then he sallallaahu 'alayhi wasallam classify people who do not acknowledge the loan of goods to the thief's name, as he put all kinds of food intoxication in the Name alcohol, then Watch for this. This is an introduction to the congregation about what God wants from His word. He sallallaahu 'alayhi wasallam legal abort the hands of thieves cut fruits and katsar. He stipulates that anyone who takes him with her mouth (ie: eats in the tree and not picked from the stalks, Ed.) Because he needed it then no punishment upon it, and whoever comes out with him so he was obliged to change its value doubled and get a penalty. Whoever stole something from him from the jarinnya then obliged to cut off his hand if the value of the stolen equivalent to the shield (6). This is still his decision and he is a fair law. He set about the goat that was stolen from where pengembalaannya, should be replaced with the price doubled and the thief was beaten as a lesson. Now that was stolen from its cage, then the thief's hand cut off if its value is equivalent to the price of a shield. (Narrated by Ahmad (2 / 180), An-Nasa `i (8 / 86) and Ibn Majah (2596) from the hadeeth of 'Amr ibn Shu'aib from his father from his grandfather, and sanadnya hasan) He has set a cut off the hands of thieves stole Shafwan bin Umayyad while she was asleep in the mosque, then Shafwan intend to give it to him or sell shawl to him, then he said, "Why do not you do it before you bring him to me?" (Narrated by Abu Dawood (4394) and An-Nasa `i (8 / 68, 69, 70) with a saheeh isnaad) He cut off the hands of thieves who stole a shield from the contingent of women in the mosque. (Narrated by Ahmad (2 / 145), Abu Dawood (4386) and An-Nasa `i from the hadeeth of Ibn 'Umar, and sanadnya saheeh) He was a slave who prevent the cutting of slaves, including al-Khumus, which he stole from al -Khumus (7), and he said, "It is God's treasure to steal each other between each other." HR. Ibn Majah (8). Never brought to him a thief and thieves but claims will not find her stolen goods, then he said, "What makes him think that he stole?" He replied, "Yes I stole." Then he repeated the words as much as two or three Last time he ordered that his hands were cut. (9) There is another thief who had brought to him then he said, "What makes him think that he stole?" He replied, "Yes I stole." Then he said, "Take him and cut his hand and then treat him until his blood stopped flowing and then bring him back to me. "And then he brought in his hand be cut again to the Prophet sallallaahu 'alayhi wasallam, then he would say," Bertaubatlah you to God, "then he said," I repent to God, "then he said," God has received taubatmu. "(10) In the history of al-Tirmidhi him that he had cut off the hand of a thief and hung his hand on the nape. He (al-Tirmidhi) said, "This is a hasan hadeeth." (11) chapter of Law, he sallallaahu 'alayhi wasallam to people who accuse others of stealing Abu Dawood narrated Azhar bin Abdillah that there are a people who have stolen goods and then they accuse a group of people from Al-Hakah who had stolen them. They then went to An-Nu'man ibn Basyir Prophet Companions' Peace be upon wasallam, he imprisoned them for a few nights ago after their release. Seeing this, they then came up and said, "You let them go without a blow and the exam?" He said, "What do you want: If you want me to hit him, then I'll beat you if the goods found in them, but if not then I'll hit you pungung-backs as I hit their backs. "Then they said," What is this hukummu? "he replied," It is the law of Allah and His Messenger. "(Narrated by Abu Dawood (4382) in Al-Hudood: Chapter Test with punches and An-Nasa `i (8 / 66) in the As-Sariq: Chapter Test the thief with the punches, and sanadnya strong) laws of this chapter contains a few things: First: Not to be a thief's hand cut off if the value of goods stolen is less than 3 ¼ dirhams or dinars. Second: Bolehnya cursed the perpetrators major sins in general, not per individual. As he r has cursed the thief, who has cursed the eater of riba and fed him, has cursed the wine drinker and a squeeze, and cursed those who do deeds of the Lot (12). He was banned from the curse of Abdullah Himar just finished drinking alcohol. (Saheeh hadeeth, and takhrijnya has passed on 43 pages (original book)) There is no contradiction between this case, because the nature of the curse on her required proficiency level in these things. As per the individual then there may be matters that impede arriving this curse to him, he has a good example of eliminating guilt or repentance or disaster-disaster that take away sins or forgiveness from God to him. Therefore be cursed kind deeds but not the individual. Third: There is a direction to close the doors of sin, because he preached that the theft of a string and an egg will not make the deterrent until his hands were cut. Four: Cutting the hands of people who do not recognize the items borrowed, and he was named as a thief according to the Shari'a, as has been passed. Fifth: The person who stole the property in an amount not to cut the lead to his compensation doubled twice. Imam Ahmad, may Allaah have mercy, have confirmed this and said, "Every person who cut the hands of law fall away then compensation multiplied." Law has been passed from the Prophet sallallaahu 'alayhi wasallam with this law in two circumstances: Theft of fruit is still hanging in tree and goats in pengembalaannya. Sixth: Merger ta'zir with indemnity, and this is a merger between the two punishments: punishments that are material and physical. Seventh: accounting for the preservation of goods. Because he sallallaahu 'alayhi wasallam legal abort the hands of thieves cut fruits that remain on the tree but this law obliges him to the person who stole it from al-jarin .. According to Abu Hanifah, it is because lack of wealth resulting from accelerated damage to property, and he made this as a theorem in all the events that his property is reduced by accelerating the damage to the treasure. But the majority opinion of scholars is more appropriate because he sallallaahu 'alayhi wasallam made the fortune that has three circumstances: (1) Things that are not nothing to him, that if she ate the fruit (on trees) directly with the mouth. (2) The situation that he should be replaced twice and the thief was beaten without cutting his hands, that is if he takes out and pluck from the tree. (3) The circumstances of his hands cut off for it, that is if he stole it from baidar (storage) it, whether he had or had not been perfectly dry, because that becomes the benchmark is the place and the guard, not dry or still wet him. This is shown by his deeds r that renders the law cut the hands of the man who stole a goat from pengembalaannya, and he requires the cutting off of hands to the person who stole it from its cage, because it is a place of custody. Eighth: Determining the existence of a material penalty, which in this problem there are a lot of Thabit sunnah and nothing against it. The ar-rasyidun Khilafat and in others from among the Companions Radhiallahu 'Mas'ood has mengamalkannya, and most often applied is Omar Radhiallahu' anhu. Ninth: A person regarded as a place to maintain custody of clothing and his bed that he slept on top of it wherever he is, whether he was sleeping in mosques or in others. Tenth: The mosque is considered as a place of care for common goods that are stored there, because the Prophet sallallaahu 'alayhi wasallam cut the hands of someone who stole a shield from it. Therefore people who steal sheeting, lamps and carpets of the mosque also had to cut his hand, and this is one of two opinions in the madhhab of Ahmad and in others. The scholars who do not require hands cut off then he said: Because he has a right to her, so if he has no right then hand cut, for example if he is kafir dhimmi. Eleventh: Asking for stolen goods is a prerequisite bolehnya cut off your hands, therefore if the owner gave it to the thief or sell it to him before the case was appointed to the priest, then cut the hands of law was killed. As the Prophet sallallaahu 'alayhi wasallam mentioned explicitly, "Why do not you do it before you bring him to me?" (Hadeeth saheeh, has passed on 47 pages (original book)) The twelve: It is legal to abort does not cut the hands if the case is up to the priest, and so it is with all law Had that been up to the priest. He has Thabit from r will be no legal bolehnya Had aborted, in As-Sunan from him, "If the law Had been up to the priest that God has cursed that provide intercession (help) and given intercessor (assisted)." (13) The thirteen : People who steal from something that he has a right to her, his hand was not cut. Fourteenth: Hand thief does not cut until after he admitted two times or with two witnesses, because thieves had been admitted at his side then he said, "Where do you know if you steal? 'She replied," Yes I'm stealing, "then then when it cut his hand, and he does not cut it until he told him the greeting twice. The fifteenth: Encourage the thief that he did not confess and that he retract his confession. But this is not a law for all the thieves, even among thieves there who later confessed after being persecuted and threatened, as will come insha Allah. Sixteenth: mandatory for priests to heal after his hand is cut so that he does not die. In his words, "Heal her," there is the proposition that maintenance costs are not borne by the thieves. Seventeenth: Hanging a thief's hand on his neck as a lesson for him and for others who see it. Eighteenth: Hitting people who accuse him if visible signs of untruth. The Prophet r has given a punishment to those who accuse and imprison those who accuse. Nineteenth: Mandatory release the accused if it is not visible from any of the alleged something to him. And that if the accuser if the accused was beaten pleasure: If the treasure found him (the accused) so no problem, but if not then he (plaintiff) must be beaten like a blow given to the person who he accused of if she accepts. This all together with signs of untruth, as the An-Nu'man ibn Basyir disconnect and he informed me that it is the law of the Prophet sallallaahu 'alayhi wasallam. Twentieth: The retribution in the case of beatings with whips, sticks and such. Chapter Abu Dawood narrated from him that he had been ordered to kill a thief, then they (the Companions) said, "He's just stealing," then he said, "Cut her hands." Then the man brought in again for the second time ago he was ordered to then kill them (the companions) said, "He's just stealing," then he said, "Cut her hands." Then the man brought in again for the third time ago he was ordered to kill him and then they (the Companions) said, "He just stole, "then he said," Cut her hands. "Then the man brought in again for the fourth time ago he was ordered to kill him and then they (the Companions) said," He's just stealing, "then he said," Cut her hands. "Then the man brought in again for the second time and then he ordered to kill him and then they finally killed him. "(14) The scholars differ about this law: An-Nasa` i and in others not menshahihkan this hadith. An-Nasa `i said," This is unjust hadith, ibn Thabit Mush'ab narrator is not strong enough (laisa bil qawi). "Another hadith menshahihkan uni and say that this is a special law that applies to men's course, when the Messenger of Allah r know of any maslahat to kill him. The third group received this hadith and argued with him, namely that if a thief had stolen up to five times then he was killed on the fifth theft. Among the schools of thought with this is Abu Mush'ab from among al-Malikiah. In this law there is a description bolehnya fourth cut limbs of thieves. Abdurazzaq narrated in Al-Mushannaf: That brought to the Prophet sallallaahu 'alayhi wasallam a slave who stole da he has brought to him four times but he let it. Then he brought in at the fifth time he cut one arm, then on the sixth time he cut off one leg, then on the seventh time he cut his other arm, then on the eighth time he cut his foot off the other. (15) The Companions and the scholars after they disagreed in the case: Are all the limbs should be cut or not? There are two opinions: Ash-Shafi'i, Malik and Ahmad-in one of history-say: May be cut everything. While the Abu Hanifah and Ahmad-in the history of second-said: Not to be cut in excess of one arm and one leg. Built on top of this opinion, what is forbidden (1) eliminate the kind of limb function or (2) removing two members of the body on the same side of the body? In this issue there are two sides, which would appear to influence the problem: If the hand is cut just the right course, or simply a severed leg left alone. If we say: It may cut off all his limbs this will not take effect. But if we say: Not allowed to cut them all, then the cut on the first form is his left leg and a cut on the second form is based on the second because of his right hand on top. If the cut is the left hand with your right leg so he was not cut by two reasons above, and if the cut is left hand only, then his right hand was not cut by two reasons above. And this is less accurate, thus Watch. Would cutting the left leg was built on the second because of the above? If we make the loss of limbs similar benefits as for the legs should be cut, but if we make the loss of two limbs at the sides of the same body as the cause then the legs should not be cut. If the cut is just second hand and we made a loss of benefits as a member of similar bodies because the left leg cut off, but if we make because it is the loss of two limbs on the same side of the body should not be cut. This is the application of this rule. Author Al-Hurrar say in this matter, "His right hand was cut by two histories. And must be differentiated between him and the problems of people who cut off his hands. Mentioned in the difference: If the cut is the second leg then she was like people sitting, and if the cut is one of his hands so he BIDA exploit the other hand for eating, drinking, ablution, and selainya istijmar. If the cut is second hand so he could not use his limbs except his feet, so if one leg does not exist it would be impossible for him to use one foot without the hand. Among the differences: One hand can be used in conjunction with the absence of current benefits, while one leg can not be useful without the benefits of touch. "[Translated from the book of Al-Ma'ad Zaad works of Ibn al-Qayyim, pp. CET 689-692. Dar Al-Scientific Pole (1 vol)] ____________ 1. HR. Al-Bukhari (12/93, 94) in Al-Hudood: Chapter the word of God Almighty, "Thieves of men and women so cut off both hands," Muslim (1686) in Al-Hudood: Chapter Law Had theft and nishabnya, Malik (2 / 831), al-Tirmidhi (1446), Abu Dawood (4385) and An-Nasa `i (8 / 76) from the hadeeth of Ibn 'Umar-radhiallahu anhuma-2. HR. Abu Daud (4395) in Al-Hudood: Chapter Slaughter watches as loans which are not recognized, An-Nasa `i (8 / 70) in the As-Sariq: Chapter What is care and what is not, and Ahmad (2 / 151 ) from the hadeeth of Ibn-Umar-radhiallahu anhuma. Also narrated by Muslim in the Ash-Saheeh (1688) (10) from the hadeeth of Aisha-radhiallahu Riders, he said, "There was a woman who borrowed a jewelry Makhzumiah then he does not want to admit it, then the Prophet ordered to memaotong r hands." 3. And this is also the opinion of Isaac bin Rahawaih as in Sharh As-Sunnah (10/322) 4. HR. Abu Daud (4391), al-Tirmidhi (1448), An-Nasa `i (8 / 89) and Ibn Majah (2591) from the hadeeth of Jabir bin Abdillah-radhiallahu-anhuma. Al-Tirmidhi said, "saheeh hasan hadeeth," and has been classed as saheeh by Ibn Hibban (1502, 1503) and Abdul Haq Al-ahkam silence him in his work and followed by Ibn al-Qaththan afterwards, which is berrati this hadeeth saheeh according to both . 5. HR. Al-Bukhari (12/76) in the Al-Hudood: Chapter Enforcement Had to people who respected and people of low and Muslim (1688) from the hadeeth of Aisha-radhiallahu-Riders. 6. HR. Abu Daud (1710, 1711, 1712, 1713, 4390), An-Nasa `i (8 / 65, 86) and Ahmad (6683, 6746) from the hadeeth of 'Amr ibn Shu'aib from his father from his grandfather with a saheeh isnaad. In this issue there is also a hadith of Rafi 'bin Khadij in al-Muwatta' (2 / 839), al-Tirmidhi (1449), Abu Dawood (4388) and Ibn Majah (2593) by al, "There is no cutting of hands on the fruit fruits and katsar, "and the hadith saheeh. Al-katsar is Mayang palm trees, while al-jarin is where the fruit which he dried in it, like al-baidar for wheat. 7. He is the fifth of the entire property ghanimah, who submitted to Allah and His Messenger, Ed. 8. HR. Ibn Majah (2590) from the hadeeth of Ibn 'Abbas, and in there sanadnya Jubarah ibn al-Hajjaj bin Mughallis and Tamim, and both are weak narrator. 9. HR. Abu Daud (4380), An-Nasa `i (8 / 67) and Ibn Majah (2597) from the hadeeth of Abu Al-Makhzumi Umayyads, and in there sanadnya Abu al-Mundzir maula Abu Dhar, a narrator who majhul, and other narrator tsiqah. 10. HR. Al-Hakim in al-Mustadrak (4 / 381) from the hadeeth of Ad-Darawardi Yaziz bin Khushaifah from Abdirrahman bin Muhammad bin Abu Hurairah Tsauban from ..., then he (Al-Hakim) and Adz-Dzahabi menshahihkannya agree. But Ad-Daraquthni said (2 / 331)-after he narrated this hadeeth, "ATS-Tsauri has meriwayatkannya from Yazid ibn Muhammad ibn Abdirrahman Khushaifah from Tsauban son of the Prophet r Mursal." Similarly, David meriwayatkannya in Abu Al- Marasil from ATS-Tsauri in Mursal. Abdurrazzaq meriwayatkannya (18 923), he said, "Ibn Juraij preach to us from the ATS-Tsauri in Mursal," and Abu Ubaid al-Qasim ibn sallam meriwayatkannya in Gharib al-Hadith he said, "Ismail ibn Ja'far told us of Yazid Mursal Khushaifah son with him. "11th. HR. Abu Daud (4411), al-Tirmidhi (1447), An-Nasa `i (892, 1993) and Ibn Majah (2587) from the hadeeth of ibn Ubaid Fudhalah, and in there sanadnya Al-Hajjaj bin Artha` ah, a narrator so many mistakes and tadlisnya, and Abdurrahman ibn Muhairiz, nothing except Ibn Hibban mentautsiqnya. 12. Hadith about a curse to the thief was narrated by al-Bukhari (12/71, 72) and Muslim (1687). Hadith about a curse to feed on usury narrated by Al-Bukhari (10/330) and Muslim (1597). Hadith about a curse to peminun wine and a squeeze, narrated by Ahmad (5716), Abu Dawood (3674) and Ibn Majah (3380) from the hadeeth of Ibn 'Umar with a saheeh isnaad. Hadith about a curse to those who perform deeds of the Lot, narrated by Ahmad in al-Musnad (1 / 217, 309, 317) and classed as saheeh by Ibn Hibban. 13. This hadeeth was not narrated by one of the authors of As-Sunan, he just narrated in al-Muwatta '(2 / 835) of Rabiah ibn Abi Az-Zubair Abdirrahman that bin al-Awwam ... 14. HR. Abu Daud (4410) in Al-Hudood: A thief who has stolen many times, and An-Nasa `i (8 / 90, 91) in the As-Sariq: Chapter Cutting both hands and both feet of thieves from the hadeeth of Jabir bin Abdillah. In sanadnya there Mush'ab bin Thabit, a weak narrator as stated by An-Nasa `i and in others. Al-Hafiz said in At-Talkhish, "I do not know none of the saheeh hadeeth in this matter." 15th. HR. Abdurrazzaq in Al-Mushannaf (18 773) and Al-Bayhaqi (8 / 273) from the hadeeth of Ibn Juraij he said: Ibn Abu Abdu Rabbih Umayyad preach to me that Al-Harith ibn 'Abdillah ibn Abi Rabiah told him that the Prophet sallallaahu' alayhi wasallam Abdu Rabbih majhul is a narrator, while the history of Al-Harith ibn 'Abdillah, from the Prophet sallallaahu' alayhi wasallam is Mursal.

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