Fighting rebels

FIGHTING REBELS

(those who draw away from the leader)

Rebels: are a group of Muslims who oppose the JUST leader that Muslims have chosen.

As for their fighting: Their captives are not killed and their money are not taken as a booty.

A person becomes a leader or a ruler by one of the following:

①Decision makers give their pledge to him (as in the pledge of allegiance to Abu-Bakr AL-Seddik).

②The leader appoints a person as successor (as Abu-Bakr did when he appointed ᶦUmar ibn AL-Khttab as successor).

③A strong person, who is expert of leadership, seizes power in order to manage disorders.

Conditions of the just leader:

He must be a Muslim, male, adult, just, hard worker, brave, with unimpaired senses.

The leader should consider the grievances of those who have drawn away from him and remove them first.

But, if they insisted on fighting him, Muslims should assist him against those rebels, in order that the affairs of the country be organized.

For example: When Imam Ali went to fight Muᶦawiya and his allies who refused the consensus of the nation on choosing Imam Ali as a caliph, and engaged against them in the battle of AL Jamal and the battle of Safeen.

− Also, Imam Ali’s fight against the Dissenters (AL-Khwarij) in the battle of AL Nahrawaan.

The Prophet foresaw that earlier when he said to the son of his parental aunt AL Zubair ibn AL Awaam, “You will fight Ali and you will oppress him.” 
And indeed, AL Zubair engaged in the battle against Ali, and then he retreated from that, so Marawaan ibn AL Hakam killed him.

●Abu-Saᶦid AL-Khudri reported: We carried the adobe for construction of the mosque of the Prophet We were carrying one brick at a time while ᶦAmmar was carrying two.
The Prophet passed by ᶦAmmar and removed the dust off his head and said, “May Allah be Merciful to ᶦAmmar. He will be killed by a rebellious aggressive group. He will invite them (i.e. his murderers, the rebellious group) to Paradise and they will invite him to Hell-fire.” [AL-Bukhari].

And indeed, ᶦAmmar was killed in the battle of Safeen while he was fighting with Imam Ali against them (Muᶦawiya and his allies).

¨Many traditions have forbidden drawing away from the leader and have urged respecting public order.

●It was narrated from Abi-Hurairah that the Prophet said, “Whoever rebels against my nation (Ummah), killing the righteous and the wicked of them, does not try to avoid killing the believers, and does not fulfill his promise made with those who have been given a pledge (of security), is not from me (i.e. is not my follower), and I am not from him (i.e. I have nothing to do with him).”

●It was narrated from Ibn ᶦUmar that the Prophet (P.P.B.U.H) said, “It is obligatory upon a Muslim to listen (to the ruler) and obey whether he likes it or not, except when he is ordered to do a sin, in such case, there is no obligation to listen or to obey.” [Muslim].

●It was narrated from ᶦAuf ibn Malik that the Messenger of Allah (P.P.B.U.H) said, “The best of your rulers those whom you love and who love you, who invoke God’s blessings upon you and you invoke His blessings upon them. And the worst of your rulers are those whom you hate and who hate you and whom you curse and who curse you.”
It was asked (by those present): “Shouldn’t we overthrow them with the help of the sword?” He said: “No, as long as they establish prayer among you.” [Muslim].

●It was narrated from Ibn ᶦAbbas that the Prophet (P.P.B.U.H) said, “Whoever noticed something which he disliked done by his ruler, then he should be patient, for one who separated from the company of Muslims even for a span and then died, he would die as those who died in the pre-Islamic period of Ignorance (as rebellious sinner).” [AL-Bukhari].

Murder

MURDER

Murder: is loss of one’s life due to an act or an effect on it.

It is one of the gravest of the major sins which makes it difficult for who commits it to go to Paradise. So, a Muslim must think carefully before he lays a hand to kill another Muslim.

●It was narrated from Abd Allah ibn ᶦAmr that the Prophet (P.P.B.U.H) said, “Killing a believer is more grievous before Allah than the extinction of the whole world.” [AL-Nasaᶦi].

●It was narrated from Ibn Masᶦud that the Prophet said, “The first issue to be judged among people on the Day of Judgment, is that of bloodshed.” [AL-Bukhari and Muslim].

God says ﴾And do not kill the soul which Allah has forbidden, except by right﴿ Chapter of the Night Journey. 
And says ﴾But whoever kills a believer intentionally- his recompense is Hell, wherein he will abide eternally, and Allah has become angry with him and has cursed him and has prepared for him a great punishment﴿ Chapter of Women. Verse NO 93

●It was narrated from Abi-Bakrah that Allah’s Apostle said, “When two Muslims are engaged in a combat against each other with their swords, both the murderer and the murdered will go to Hell.” [The Two Scholars].

●It was narrated from Abi-Hurairah that the Prophet said, “None of you should point at his (Muslim) brother with a weapon because he does not know that the Devil (Satan) may cause the weapon (to slip) from his hand and (he may injure anyone) and thus he may fall into a pit of Hell-fire.” [The Two Scholars].

¨There are three types of murder:

□Intentional.                                   

□Quasi-intentional.                         

 □Accidental.

❶Intentional murder:

In which a murderer intends to beat someone in order to kill him, even if he dies afterwards due to his injuries. Repentance of an intentional murderer is accepted only after fulfillment of three rights:

a) The right of Allah: by regret and repentance.

b) The right of the murdered’s heirs: by delivering himself to them and they either kill him, or they forgive him and agree that he pays them a heavy blood-money.

c) The right of the murdered: It is entrusted to Allah on the Day of Judgment.

God says ﴾O you who have believed, prescribed for you is legal retaliation for those murdered- the free for the free, the slave for the slave, and the female for the female. But whoever is overlooked from his brother for anything, then there should be a suitable follow-up and payment to him with good conduct. This is an alleviation from your Lord and a mercy. But whoever transgresses after that will have a painful punishment﴿ Chapter of the Heifer. Verse NO 178

God says ﴾And do not kill the soul which Allah has forbidden, except by right. And whoever is killed unjustly- We have given his heir authority, but let him not exceed limits in [the matter of] taking life. Indeed, he has been supported [by the law]﴿ Chapter of the Night Journey. Verse NO 33

Conditions of retaliation:

1) The murderer should be rational and adult.

2) The murderer should not be one of the murdered’s parents.

3) The murdered should not be a disbeliever that fights against Islam.

Note that:

− If a group of people killed one person, they would be killed altogether.
ᶦUmar ordered to kill five (or seven) men who killed a man in Yemen. He (ᶦUmar) said, “By Allah! If all the people of Sana’a killed him, I would kill them altogether.”

− The one who intended to drink an intoxicant, and killed someone during his drunkenness, he would be considered a rational one and retaliation is taken from him.

❷Quasi-intentional murder:

Its provision: No retaliation in it, but it entails paying a heavy blood-money.

It occurs when someone beats a person and does not intend to kill him, but this person dies.

For example:    

1) Beating a person with a whip or a stick.            
2) Driving a car too fast, so that if a person appeared suddenly before the driver, he could not avoid him.

3) If someone left his dog free in the street, and then it killed anyone.

❸Accidental murder:

Its provision: No retaliation in it, but it entails paying a reduced blood-money.

For example:

1) If you threw something at someone, but it was thrown at another one by mistake and killed him.

2) If you beat a patient, and as a result, he died.

Accidental murder has occurred in the time of the Prophet in more than one occasion and he ordered the murderer to pay blood-money only.

●ᶦUsamah ibn Zayd reported: Messenger of Allah sent us to Huraqat, a tribe of Juhainah. We attacked that tribe early in the morning and defeated them, (then) a man from AL-Ansaar and I caught hold of a man (of the defeated tribe). When we overcame him, he said, “No god but Allah (La ilaha illa Allah).” At that moment, I attacked him with my spear and killed him. 
By the time we went back to AL-Madinah, news had already reached Messenger of Allah. 
He said to me, “O ᶦUsamah, did you kill him after he had professed that there is no god but Allah?” I said, “O Messenger of Allah, he professed it only to save his life.” Messenger of Allah repeated, “Did you kill him after he had professed that there is no god but Allah?”
He went on repeating this to me until I wished I had not embraced Islam before that day (so that I would have not committed this sin). [The Two Scholars].

●It was narrated from Salim that his father said, “The Prophet sent Khalid ibn AL-Waleed to the tribe of Jadhima. Khaild called them to Islam, but they did not say, ‘Aslamna (i.e. we have embraced Islam)’, but they said, ‘Sabaᶦna! (i.e. we have come out of one religion to another).’ 
So, Khalid felt that they were playing on words and killed them. We came to the Prophet, and he was told of what Khalid had done. Then, he raised his hands and said twice, ‘O Allah, I am free from what Khalid has done.’ Then, he (the Prophet) sent Ali ibn Abi-Talib to pay blood-money.” [AL-Bukhari].

When the blood-money of accidental murder becomes heavy?

1) If a person is killed in the Sacred House.

2) If a person is killed in the Sacred Months.

3) If a person kills one of his unmaritable relatives.

God says ﴾And never is it for a believer to kill a believer except by mistake. And whoever kills a believer by mistake- then the freeing of a believing slave and compensation payment presented to the murdered’s family [is required] unless they give [up their right as] charity. But if the murdered was from a people at war with you and he was a believer- then [only] the freeing of a believing slave, and if he was from a people with whom you have a treaty- then a compensation payment presented to his family and the freeing of a believing slave. And whoever dose not find [one or cannot afford to buy one]- then [instead], a fast for two months consecutively, [seeking] acceptance of repentance from Allah. And Allah is ever Knowing and Wise﴿Chapter of Women. Verse NO 92

  

Fixed Penalty of Theft and Highway Robbery

                             FIXED PENALTY of THEFT

Theft is affirmed when a thief admits it in details. He is given a chance to cancel his admission. If he cancelled his admission, fixed penalty of theft would not be applied to him.

God says ﴾[As for] the thief, the male and the female, amputate their hands in recompense for what they committed as a deterrent [punishment] from Allah. And Allah is Exalted in Might and Wise﴿ Chapter of the Table. Verse NO 38

Procedure of its application

The right hand is amputated, then if he commits theft again, his left foot is amputated. If he commits theft for the third time, his left hand is amputated. And if he commits theft for the fourth time, his right foot is amputated.

Conditions of the hand amputation

□The thief should be adult and rational.

□The thief is not an owner, or suspected to be an owner of the stolen thing.

□The stolen thing is taken from the place in which it is kept.

□Theft does not occur in a time of starvation.

□The stolen thing is not filthy or prohibited, as pigs or wine.

□The stolen thing reaches the minimum value of theft.

●ᶦAishah (May Allah be pleased with her) reported: The Quraish were anxious about a woman from Bani Makhzum who had committed theft and asked: “Who will speak to the Messenger of Allah about her?” Then they said, “No one will be bold enough to do so except ᶦUsamah ibn Zayd, the (companion who was) dearly loved by the Messenger of Allah.”

So ᶦUsamah (May Allah be pleased with him) spoke to him and the Messenger (angrily) said, “Are you interceding regarding one of the punishments prescribed by Allah?”

Then he got up and addressed the people saying, “O people! What destroyed the nations before you, was that they used to leave a noble person if he stole. And if a weak person stole, they would establish the penalty upon him. And by Allah! If Fatimah bint Muhammad stole, then I would cut off her hand.”

Thereafter, her hand was cut off. ᶦAishah (further) said: “Hers was a good repentance; she later on married and used to come to me after that, and I conveyed her needs (and problems) to Allah’s Messenger.” [AL-Bukhari and Muslim].

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FIXED PENALTY of HIGHWAY ROBBERY

Highway robbers are of four types:

①Those who kill people only without taking their money; their punishment is killing them.

②Those who kill people and take their money (the minimum value of theft or more than it); their punishment is killing them, then washing them, enshrouding them, praying over them, and then crucifixion of them on a high piece of wood for three days or less, aiming at preaching.

③Those who take money only; their punishment is amputation of their right hands together with their left feet. If they did so again, their left hands together with their right feet would be amputated.

④Those who only frighten pedestrians without killing them or taking their money; their  punishment is jailing, beating, and banishing them.

¨If one of the previous highway robbers repented before arresting him, applying fixed penalty to him would be cancelled. But he is required to restore the rights if he has stolen people, and he is asked for retaliation if he has killed someone.

God says ﴾Indeed, the penalty for those, who wage war against Allah and His Messenger and strive upon earth [to cause] corruption, is none but that they be killed or crucified or that their hands and feet be cut off from opposite sides or that they be exiled from the land. That is for them a disgrace in this world, and for them in the Hereafter is a great punishment (33) Except for those who return [repenting] before you apprehend them. And know that Allah is Forgiving and Merciful(34)﴿ Chapter of the Table.

●Anas reported: A group of people from ᶦUkal (tribe) came to the Prophet and said, “O Allah’s Apostle! Provide us with milk.”

 The Prophet said,“I see no other way for you than to use the camels of Allah’s Apostle.” So, they went and drunk the milk and urine of the camels, (as a medicine) and became healthy and fat.

Then they killed the shepherd and took the camels away. When a help-seeker came to Allah’s Apostle, he sent some men in their pursuit, and they were captured and brought before mid-day.

He ordered for nails which were heated and passed over their eyes. And their hands and feet were cut off and were not cauterized. Then they were put in a place called AL-Harra (i.e. rocky land in AL-Madinah). When they asked for water to drink, they were not given till they died. [AL-Bukhari].

●Abu-Hurairah reported: A man came to Allah’s Apostle and said, “O Messenger of Allah, what do you think if a man comes to me in order to rob my possession?” He (the Holy Prophet) said, “Do not surrender your possession to him.” 

He (the inquirer) said: “If he fights me?” He (the Holy Prophet) said: “Then fight with him.” 

He (the inquirer) again said: “What do you think if I am killed?” He (the Holy Prophet) said: “You will be a martyr.” 

He (the inquirer) said: “What do you think of him if I kill him?” He (the Holy Prophet) said, “He will be in Fire.” [Muslim].       

Fixed Penalty of Intoxication

FIXED PENALTY OF INTOXICATION

Stages of wine prohibition

While wine was being sold in its inns in Makkah, Allah sent Muhammad.
 Its commerce was popular, however, there were some wise men, like Abu-Bakr AL-Siddiq, who did not approach it as they knew the mental disorder caused by it.

①When Muslims migrated to AL-Madinah, the Holy Qurᶦan began to hint at wine disadvantages.

God says ﴾They ask you about wine and gambling. Say, “In them is great sin and [yet, some] benefit for people. But their sin is greater than their benefit.”﴿Chapter of the Heifer.

②Once, a group of drunken people were praying and their leader was reciting the verse ﴾Say, “O disbelievers (1) I do not worship what you worship(2)﴿incorrectly.

He said, “And we worship what you worship.”

So, Allah revealed the verse ﴾O you who have believed, do not approach prayer while you are intoxicated until you know what you are saying﴿ Chapter of Women.

③The third stage has been complete prohibition of it. God says ﴾O you who have believed, indeed, intoxicants, gambling, [sacrificing on] stone alters [to other than Allah], and divining arrows are but abomination from the work of Devil, so avoid it that you may be successful﴿ Chapter of the Table. Verse NO 90

●Abu Saᶦid AL-Khudri reported: I heard Allah’s Messenger addressing in AL-Madinah. He said, “O people, Allah is giving an indication (of the prohibition) of wine, and He is probably soon going to give an order about it. So he who has anything of it with him should sell that, and benefit from it.” 

We waited for some time that Allah’s Apostle said: “Verily Allah, the Exalted, has forbidden wine. So, who hears this verse and he has anything of it with him, he should neither drink it nor sell it.”

People then brought whatever they had of it with them on the streets of AL-Madinah and split that. [Muslim]. 

 

Wine and all intoxicants have been prohibited in the second Islamic year after the Battle of Uhud.

If he, who is commanded, committed to provisions, aware of their prohibition, and not coerced, drinks wine or any other intoxicant, he will be lashed with eighty lashes.

●AL-Saᶦib ibn Yazeed reported: We used to strike the drinker with our hands, shoes, and clothes (by twisting them into the shape of lashes) during the lifetime of the Prophet, Abu-Bakr, and the early part of ᶦUmar’s caliphate.
But during the last period of ᶦUmar’s caliphate, he used to give the drunken forty lashes, and when the drinkers became mischievous and disobedient, he used to lash them with eighty lashes. [AL-Bukhari].

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□If a large amount of a drink causes intoxication, a small amount of it is prohibited. So, beer is included in prohibition.

Prohibition includes wine maker, seller, the one who conveys it, the one to whom it is conveyed, and the one who sits with drinkers during drinking, even if he does not drink with them.

●It was narrated from Abd Allah ibn ᶦUmar (May Allah be pleased with him) that the Prophet said, “Allah has cursed wine, its drinker, its server, its seller, its buyer, its presser, the one for whom it is pressed, the one who conveys it, and the one to whom it is conveyed.” [Abu-Daoud].

●ᶦAishah (May Allah be pleased with her) reported: The Messenger of Allah was asked about mead (which is made from honey) and he said: “Every drink that intoxicates is unlawful.” [AL-Bukhari].

●It was narrated from Ibn ᶦUmar that the Prophet said, “Every intoxicant is wine (Khamr), and every wine is prohibited.” [The Two Scholars].

●It was narrated from Jabir that the Messenger of Allah (P.P.B.U.H) said, “Every intoxicant is prohibited. Verily Allah made a covenant to those who drank intoxicants to make their drink from Tinat AL-Khabaal.” They said, “O Messenger of Allah, what is Tinat AL-Khabaal?” He said, “It is the sweat of the people of Hell or the discharge of the people of Hell.” [Muslim].

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Procedure of fixed penalty application

1) A drinker is lashed after his awakening.

2) His clothes are not taken off if they are light weight.

3) Flogging should be consecutive.

4) Flogging is distributed on his body, except his face.

5) He should not be scorned, but he should be given a chance to repent.

6) Penalty should be applied according to a clear evidence, like testimony of two witnesses, or confession of the drinker.

7) It is not required to flog him with a whip, indeed he can be flogged with hands, foot wear, or palm branches.

8) Penalty should be applied publicly in daylight in front of people.

●Abu-Hurairah reported: A drunken was brought to the Prophet. He said, “Give him a beating.” Then, some beat him with hands, some with their shoes, and some with (a folded) piece of cloth. When he left, someone said to him: “May Allah disgrace you!”

The Prophet said, “Do not say so. Do not help the Devil against him.” [AL-Bukhari].

¨Although ᶦUmar was a drunken and addicted to wine in pre-Islamic ignorance period, after embracing Islam, he invoked Allah urgently and said, “O Allah, reveal to us a conclusive declaration concerning wine.” Prohibition of wine has been one of the things in which the Holy Qurᶦan coincides with ᶦUmar ibn AL-Khattab’s opinions and suggestions.

¨ᶦUthmaan ibn ᶦAfaan said, “Avoid wine, as it is the mother of all evils. There was a man, among those who came before you, who was a devoted worshipper. An immoral woman fell in love with him. She invited him to her palace and threatened him that if he did not have sexual intercourse with her, she would cry out, but he refused. So, she gave him three choices:

□Having a sexual intercourse with her.                     

□Drinking wine.                

□Killing a boy.

He chose to drink wine as he thought it was the easiest thing. After he had drunk it, he lost his mind, so he had sexual intercourse with her and killed the boy.”

¨A group of people were brought to ᶦUmar ibn Abd-AL Azeez, among them there was a righteous man who had not drunk with them.

ᶦUmar said, “Start (applying fixed penalty) to him. Didn’t you hear God’s saying ﴾And it has already come down to you in the Book that when you hear the verses of Allah [recited], they are denied [by them] and ridiculed; so do not sit with them until they enter into another conversation. Indeed, you would then be like them. Indeed Allah will gather the hypocrites and disbelievers in Hell all together﴿” Chapter of Women. Verse NO 140

   

Fixed penalty of Adultery and Slander

FIXED PENALTY OF ADULTERY

Adultery is one of the great sins, so warning of falling into it is very strong.

God says ﴾And do not approach adultery [unlawful sexual intercourse]. Indeed, it is ever an immorality and is evil as a way﴿ Chapter of the Night Journey. Verse NO 32

●Sumurah ibn Jundub reported: One morning, the Prophet said to us, “Last night I had a vision in which two men (angels) came to me, woke me up, and said to me: ‘Proceed.’ I set out with them and came across something like a Tannur (a kind of baking oven, a pit usually clay-lined for baking bread), in which there was much noise and voices.
We looked into it and found naked men and women and a flame of fire was reaching to them from underneath, and when it reached them they cried loudly.
I asked, ‘Who are these?’ They said, ‘They are the adulterers and the adulteresses.’”

 ●It was narrated from Sahl ibn Saᶦd that the Messenger of Allah (P.P.B.U.H) said, “Whoever can guarantee (the chastity of) what is between his jaws and what is between his legs (i.e. his tongue and his private parts), I shall guarantee Paradise for him.” [AL-Bukhari].

Adulterers and adulteresses are of two types:

①Chaste (married):

Their fixed penalty is stoning to death with medium stones (not small).
Their hands are tied and put, to the half of their bodies, into a dig. Then, they are stoned on their head.

●Abu-Hurairah reported: A Muslim man came to the Prophet while he was in the mosque, and called him saying, “O Messenger of Allah, I have committed adultery.” The Messenger of Allah turned his face away from him, so the man came round (from the other side) towards his face and said, “O Messenger of Allah, I have committed adultery.” The Messenger of Allah again turned his face away from him, but the man repeated his statement four times.
The Messenger called him saying, “Are you mad?” He said: “No.” He (again) said: “Are you married?” He said: “Yes.” Thereupon Allah’s Messenger said, “Take him away and stone him.” [Muslim].

●Abdullah ibn Buraidah reported: A woman of Ghamid came to the Prophet and said, “I have committed adultery and I want you to purify me.” He turned her away. On the next day, she came to him again, and said, “I swear by Allah, I am pregnant.” He said to her: “Go back until you give birth to a child.” 
When she gave birth to a child, she brought it to him and said, “Here it is! I have given birth to it.” He said: “Go back and suckle him until you wean him.” 
When she had weaned him, she brought him (the boy) to him with a piece of bread in his hand which he was eating.
The boy was then given to a certain man of the Muslims and he (the Prophet) commanded regarding her. So, a pit was dug for her, he ordered people to stone her to death.

Khalid ibn AL-Waleed was one of those who were throwing stones at her. 

When he threw a stone at her, a drop of blood fell on his cheeks and he abused her. 

The Prophet said to him: “Gently, Khalid. By Him in Whose hand my soul is, she has made such a repentance that even if a wrongful tax-collector were to repent, he would have been forgiven.” Then giving command regarding her, he prayed over her and she was buried.

[Sahih Muslim]

②Unchaste (unmarried):

Their fixed penalty is one hundred lashes and then banishment for one year to a country that is 84 kms from their country.
If the adulterer was a female, she should go there with an unmaritable relation. The banishment year should be continuous and is calculated from the beginning of his or her travel.
Upon flogging, clothes are not taken off and it is applied using anything like any foot-wear or sticks.
Fixed penalty of adultery is also applied to the one who commits sodomy (homosexuality) and to the one who commits adultery with animals and the animal is burned after its slaughter.

God says ﴾The [unmarried] woman or [unmarried] man found guilty of adultery- lash each of them with a hundred lashes, and do not be taken by pity for them in the religion of Allah, if you should believe in Allah and the Last Day. And let a group of the believers witness their punishment﴿ Chapter of Light. Verse NO 2
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                        FIXED PENALTY of SLANDER

Slander: is accusing someone of adultery.

Fixed penalty of slander has been legislated in order to protect inviolability and honour of people and safeguard society.
If someone slandered another one, fixed penalty of slander would be applied to the slanderer, i.e., lashed with eighty lashes. God says ﴾And those who accuse chaste women and do not produce four witnesses- lash them with eighty lashes and do not accept from them testimony ever after. And those are the rebellious﴿ Chapter of Light. Verse NO 4

●Abu-Dhar reported that he heard the Prophet saying, “If a man accuses another man of transgression or accuses him of disbelief, that accusation will come back on him if his companion is not as he said.” [AL-Bukhari].

A slanderer, to whom fixed penalty of slander is applied, must be:

adult, rational, not the slandered’s father, and not the slandered’s mother.

A slandered, for whom fixed penalty of slander is applied, must be:

a rational, adult Muslim, and not an adulterer.

Situations of fixed penalty application cancelling:

1) When the slandered waives the penalty application.

2) When there is a clear evidence of the slander truth (The evidence should be: presence of four witnesses, or the slandered’s confession).

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INVOKING CURSE (Liᶦan)

It occurs between two spouses only. It has been legislated in the ninth Islamic year as a solution to a serious problem that appeared after legislation of slander fixed penalty.

Its procedure:

□The husband says in front of the judge: “I call God to witness that I am truthful in what I have slandered my wife [saying her name] concerning adultery.” (Four times). Then, he says in the fifth time, “The curse of Allah be upon me if I should be among the liars.”

□Then, his wife replies, “I call God to witness that my husband [saying his name] is a liar in what he has slandered me concerning adultery.” (Four times). In the fifth time she says, “The wrath of Allah be upon me if he was of the truthful.”

□At the end of invoking curse, divorce takes place, because of impossibility of their living together after this scandal. But, this does not cancel the blood relationship of their children to them.

●Ibn ᶦAbbas reported: Hilal ibn ᶦUmaiyah accused his wife, in front of the Prophet, of committing illegal sexual intercourse with Shareek ibn Sahmaᶦ. 
The Prophet said, “Either you produce a proof, or you will get the legal punishment (by being lashed) on your back.” Hilal said, “O Allah’s Apostle! If anyone of us saw another man over his wife, would he go to search for a proof?!” 
The Prophet kept on saying: “Either you produce a proof, or you will get the legal punishment (by being lashed) on your back.” Hilal then said, “By Him Who sent you with the Truth, I am telling the truth and Allah will reveal to you what will save my back from legal punishment.”
Then Gabriel came down and revealed to him ﴾And for those who accuse their wives, but have no witnesses except themselves, let the testimony of one of them be four testimonies by Allah that he is one of the truthful (6) And the fifth [testimony will be] that the curse of Allah be upon him if he should be among the liars (7) But it will prevent punishment from her if she gives four testimonies [swearing] by Allah that indeed, he is of the liars (8) And the fifth [testimony will be] that the wrath of Allah be upon her if he was of the truthful (9)﴿ Chapter of Light.    [AL-Bukhari].

●Saᶦid ibn Jubair reported: A man said, “O Messenger of Allah, tell me if one of us finds his wife committing adultery, what should he do? If he talks, that is something great, and if he keeps quiet, that is also (something great) (which he cannot afford to do it). Allah’s Prophet kept quiet and did not answer him. 
Afterwards he (that very person) came to him and said, “I have been tried by what I asked you about.” So, Allah, Almighty and Sublime, revealed these verses (verses from 6 to 9 of Chapter of Light). 
So he called for the man, recited the verses to him, admonished him, reminded him, and told him: “Indeed the punishment of this world is less than the punishment of the Hereafter.” So he said, “No! By the One Who sent you with the Truth! I did not lie about her.” 
Then he (the Prophet) did the same with the woman, admonishing her, and reminding her and he told her: “Indeed the punishment of this world is less than the punishment of the Hereafter.” She said, “No! By the One Who sent you with the Truth! He is not telling the truth.” 
So, he started with the man: He testified four times, by Allah that he is one of the truthful, and the fifth time that the curse of Allah be upon him if he was one of the liars. Then the same with the woman: She testified four times by Allah, that he was one of the liars, and the fifth time that the wrath of Allah be upon her if he was one of the truthful. Then he separated the two of them. [Muslim].