Status Of An Unclaimed Item

A month back a friend of mine found some money on a road when he was walking there. He tried to search for the owner of the amount, but all in vain. He took the money with him and continued his search for many days but he failed to find the owner of the money. Now on the behalf of my friend I request you to guide me and my friend in this matter. Can he use that money for his own benefit, if so, how should he use the money so that he would not be committing a sin?

Answer:

The best way is to find out the law of the land. He should proceed what the law says. If the law is silent on the issue then he should decide to give it away to someone needy. If he himself is needy he may also use it himself. May Allah bless your friend and you and make us follow the path of His choice. Amen.



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Confessing Extramarital Relations

If a man and woman have extra-marital relations and later they get married, how should they repent. Should they confess their crime? Should this matter be reported matter to the authorities

Answer:

If we deliberate on the various forms of Islamic punishments, in particular on the punishment of Qadf[1] (wrongly accusing someone of fornication) mentioned in the Qur’ān, it becomes evident that in sins that do not relate to the violation of rights of a party, the Almighty does not like that a criminal confess to his crime himself or that those who are aware of his crime report this matter to the authorities.

The Prophet…

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Killing In Self Defense

The Quran says that if a believer kills another believer then he will go to hell but what if it is in self-defense? What should I do then? Where I live there are many youngsters that are Muslims but are very criminal and they do very bad things. What should I do when for example they try to break into my home?

Answer:

All the Islamic laws are based on universal moral values and reason. The Qur’an condemns and prescribes punishment for murder. Murder is the crime of intentionally (thus self-defense is excluded) causing the death of another human being, without lawful excuse (thus killing a criminal by the state itself or by the heirs of a slain after the judgment of the court does not come under it).It involves your volition and liberty to act. It is…

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Honor Killing

I am a student of law and presently working on the comparative study of murder and homicide law in Islam and in the Western legal tradition. While doing research on the topic of honour killings I came across with the various judgments of Pakistani courts and of other Islamic countries courts wherein the judges viewed such killings as justified for various reasons:

1. the adulterous is otherwise liable to be punished with death,

2. the murder is committed because of ghairat and the prophet (pbh) has asked people to defend their ghariat,

3.murder is committed because of IZTARAR

4. the person who commits adultery becomes ghair Masoom-ud-dam

5. the killing is done in the discharge of duty which rests upon every Muslim to eliminate evil in possible ways.

These are the five main contentions with some more flimsy reason/grounds they consider while dealing with such murderers with indulgence. I have some very serious objections on all of their arguments. Firstly, Nobody in Islam is allowed to take law in his own hands. Secondly, if the people committing adultery are murdered how the murderer would prove that they were committing such an act which was liable for the death penalty. Thirdly, in saying this he should have brought the evidence which is required to prove the offence of zina - four witnesses who had seen the commission of the sexual acts. Fourthly, no individual can declare another individual a gair Masum-ud-dam. Fifthly, the obligation to eliminate the evil cannot be extended to an extent wherein the wrongdoer may be killed.

There is a lot which my research suggests but I would like to take benefit of your opinion before concluding my research on this topic. I shall be very grateful if you could explain the issue with reference to some primary sources of Islamic law.

Answer:

Since I have not read any verdicts on honour killings in Pakistan or elsewhere I would comment on the issue in the light of the information you have passed on to me. We do not think that someone who has taken the life of another soul can be let walk free on the given grounds.

We believe that in simple cases of fornication/adultery and rape the victor could be sentenced to death. The Holy Qur’an clearly…

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Penalty For Traffic Causalities

What is the penalty prescribed by the Sharia’h for accidently hitting and killing a person in road accidents?

Answer:

What follows is the related part of Mr Ghamidi's Mizan. In these passages he has described the Shari'ah law regarding unintentionally killing a person. Traffic accidents and resultant are a form of such killings.

"The Qur'anic penalty law regarding unintentional killing can be summarized as follows:

If the murdered person is a Muslim citizen of a Muslim State or if he is not a Muslim but belongs to a nation with which a treaty has been…

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Is Drinking Haram?

1- The Holy Qur'an tells us to "stay away" from alcohol. No where it says it is "haram". Whey then it is declared haram by the Muslims?

2- No where does the Qur'an command us to "stone" the adulters. The only command that is found in the Book is to flog them with a 100 lashes. Why then the adulterers and adultereresses are stoned to death?

Answer:

1. The holy Qur'an does not always call something haram that it intends to prohibit. It uses other styles of expression. Sometimes a thing is already known as forbidden even through the innate guidance the humans enjoy. The Qur'an merely refers to that. For example you wouold not find the Qur'an talking on the evil of falsehood, treachery or the gooness of tuth, mercifulness etc. The prohibition of intoxicants (not the substance called alcohol) lies…

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Punishment Of Rajam And The Qur’an

Dear Mr. Ghamidi,


I am a regular listener of you and watch your programmes regularly. Although regarding your certain points and opinions I am completely opposed and I think they are in completely in contrast to the teachings of the Messenger of God and Holy Quran yet I must appreciate your positive points and I still I think that you are doing a fine job by explaining Islam to a common man in a logical way.
What today alarmed me was that once you said that the extreme punishment of “zina” or adultery in Islam is whipping (or 100 lashes) regardless of the fact that whether the culprits were married or not. Before your statement I was of the knowledge that only the “(munkirīn-e-ḥadīth)” or the deniers of the Ḥadīth hold this extreme view point. I was surprised to listen to your this viewpoint because my understanding is that you are not amongst them because you have sometimes quoted out of Ḥadīth. We all know that the punishment for the adultery is very explicitly mentioned in the most authentic books of ḥadīth that is to say the Muslim and Bukhārī. There are yet very clear incidents narrated in these books which speak of executions for the same very offence by “rajm” or stoning till death.
If you deny the validity of “rajm” it means that these punishments given by the Messenger of God were not justified as we know during the times of pagan Arabs no such punishment was ever given for adultery. Moreover, this punishment is also mentioned in the Old Testament and was sometimes practiced also under the Jewish Law. Mawlānā Mawdūdī has also dedicated a lengthy passage explaining the purpose of this punishment citing historical evidence in Tafhīm-al-Qur’ān. Ibn-i Kathīr and most of other Islamic scholars including the four schools of jurisprudence are of the unanimous opinion that the punishment for this offence is lashes in case of un-married and “rajm” for the married.
Your opinion in this case is incomprehensible in case you uphold the validity of Ḥadīth and Sunnah. However, I may have misread you that you once I say that you are not one amongst those who deny the authenticity of Ḥadīth, because if that is the case I would request to please clarify yourself so that I may be in a position to explain it to other people to whom I quote you extensively. It would be unfortunate for me if you are amongst the “munkirīn-i-ḥadīth” because I don’t consider their opinion at all but here I have on numerous occasions quoted you.
Secondly, by the way if a woman will lead prayers in front of me, I will concentrate more on her body parts rather than the prayers or on God. Perhaps it was for sinful people like me who exist more in the society that women never lead a mixed congregation or prayers.
Shams Zaman

Answer:

Assalaam o alaikum


Thanks for the heartening comments for Mr Ghamidi. We will certainly communicate your views to him. I understand you object to Mr Ghamidi’s view on punishment of zina. This to you is negation of the Ḥadīth, an offence only expected from a Munkir-i Ḥadīth. Before we deal with this question we need to briefly explore the issue of the sources of religious knowledge in Islam. Mr Ghamidi holds that the Almighty…

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Forgiveness For The Murderers

If someone, who is otherwise a good human being, has committed a murder in the past under some circumstances, and the person he killed was not a good human being and he had rapped 2 women, will he ever be forgiven for that sin? Furthermore the person who was killed misbehaved with the father of that good guy that made him so angry and he decided to kill him. And after that murder that guy was attacked 2 times and was nearly put to death but somehow he survived. I would like to tell you that this guy is a doctor and is a very good human being. He is very honest to his job but he is being haunted by the guilt that he killed someone. He fears that even if he ask for forgiveness Allah won't forgive him. Kindly help me in solving his problem. Tell me whether Allah will ever forgive him or not.

Answer:

A crime is actually a crime. Killing bad person is not different from killing a good one. God has prohibited taking a human life. The only allowable way for humans to take a life is when he has killed another person or created nuisance in the land. This too will be conducted and implemented by the court and not individuals. Therefore, if an individual or a goup of them kill another no matter what circumstances…

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Harsh Islamic Pnushments

Islamic punishments like, for example, chopping hands off for stealing and capital punishment for murder sound unfair to many. Can these punishments be awarded and executed nowadays when everything is defined by the value of acknowledged human rights, it is often maintained? Many western countries already hold them to be unethical. Instead of these extreme punishments that were exercised during the remote past, now stress is laid on lighter version of punishment for any social crime. My question is: is it against the commandmant of Allah to replace the strict punishemtns prescribed in the law with the lighter ones even when the offender is a professional?

Answer:

The Islamic punishments on a few crimes are the part of the Shari'ah we have to follow. For example the punishment of cutting the hands of the thief is universal as is the capital punishment for murder.

However, they are the maximum punishments and not minimum. It means that they are to be given to the perpetrators of the crime in consummate form. If there are any attennuating circumstances that should be used. The Prophet…

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Age Of Hazrat Ayisha (rta) At The Time Of Marriage And Da’wah

How to answer non-Muslims about marriage of Prophet (sws) with Hazrat Aisha ? Is rajam (stoning) an Islamic punishment justified in this modern era? What should be the attitude of Muslims towards homosexuals in this western society, where they are accepted by law and community?

Answer:

For our view on the age of Hazrat Aaeshah (rta) at the time of her marriage please refer to: http://www.understanding-islam.com/related/text.aspx?type=question&qid=375

And our view on the question of rajam can be studied at: http://www.monthly-renaissance.com/issue/content.aspx?id=444
We can adopt different approach to different persons. Out approach however should be guided and ruled by the principle of wise da'wah. We may not avoid and boycott such persons. Considering the motivations and attractions to such acts we should…

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Implementation Of The Shari’ah Laws On The Non-Muslims

Can the Islamic State punish a non-Muslim citizen who commits offense against a Muslim? For example if a non-Muslim citizen steals a Muslim's property, will the culprit's hand be cut? Or if a non-Muslim citizen commits adultery with a Muslim citizen, will the non-Muslim culprit be sentenced to death (rajam) along with the Muslim culprit?

Answer:

Salam

The shari'ah is silent on this issue.
In this regard, both ways can be adopted depending upon the terms of citizenship concluded with the non-Muslim minority: A Muslim state can enforce Islamic punishments on the non-Muslims citizens, and it can give them the leverage to follow their own code in a particular matter.
The bottom line is that non-Muslims citizens are not necessarily bound to face the punishments prescribed by the Islamic shari'ah.


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Objections On Islamic Punishments

I am in debate with a non-Muslim lady, who is a well read person. I need to clarify certain issues regarding Islamic punishments, in particular the punishment for fornication. The questions on which I require your answers are:

i. Does the Shari‘ah differentiate between an unmarried, married and a married person who commits adultery while awarding punishment.

ii. In case of a rape victim needing to provide four witnesses to prove her allegations against the rapist, is there any Ijtihad, which makes use of modern medical science (DNA test to confirm identification of the criminal) in absence of failure to produce witnesses?

iii. If no, (that is if the victim fails to prove that she was raped due to absence of such witnesses) would the victim of the rape be punished for qadhf (falsely accusing someone of fornication?

Answer:

The issue of Islamic punishments is a very critical one. There are many questions which arise on the interpretation of traditional scholars in this regard. A contemporary scholar, Mr. Javed Ahmad Ghamidi, after thorough research in the matter, opines that the traditional view is not acceptable owing to various reasons. His research has been published in detail in the Sep2002 issue of the journal. I will answer your question in the light of his findings.…

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Punishment Of Apostasy

I live in UK and am trying to dispel some of the misconceptions that I have regarding some sensiytive issues. I was very concerned about the issue on punishment for apostasy. In this regards I came across Mr Shahezad Saleem’s views on the following youtube link: http://www.youtube.com/watch?v=U8Y6WpnFKJM>.

I desparately require your assistance so that I can clarify what the real ruling is. I am in rather confused.
I noticed that you focus on the word Mushrikoon but I do not see that in all relevant narratives including the one you quote “faman baddala deenahu …” I am not able to see that it is limited to mushrikoon of Makkah. I also note that almost all the schools in Islam hold that the apostate has to be executed.

Answer:

Mr Javed Ahmed Ghamidi’s research on the topic has led him to believe that the Islamic Shari’ah does not prescribe any punishment for the apostates. The prophetic sayings regarding executing those who converted from Islam during his lifetime are not general Shari’ah commandments. They are but an application of the Divine Law regarding the Messengers of God and their direct addressees. What follows is translation of Mr Ghahmidi’s analysis of the issue:

The Islamic Shari’ah…

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