07 Crime and Punishment
7. Crime and Punishment
16:4123 - 'Abdullab b. Sahl was killed and his dead body was found in a tank. His companions told Allah's Messenger who said: The Jews can exonerate themselves by taking fifty oaths. They said: Allah's Messenger, how can we accept the oath of unbelieving people?
16:4131 - Eight men came to Allah's Messenger and swore allegiance to him and Islam, but became sick. They made a complaint to Allah's Messenger who said: Why don't you go to our camels and drink their milk and urine. They set out and drank the milk and urine. However they killed the shepherd and drove away the camels. The news reached Allah's Messenger who sent men on their tracks and they were caught and brought to Muhammad. He commanded that their hands and feet be cut off and their eyes gouged and then thrown on the stony ground in the sun. They were asking for water, but they were not given any until they died.
16:4138 - A Jew killed a girl with a stone for her silver ornaments. She was brought to Allah's Messenger while still alive. He asked: Has so and so killed you? She said: No. He said for the second time, and she again said: No. He asked for the third time, and she said: Yes. Allah's Messenger commanded to crush his head between two stones.
16:4152 - Allah's Messenger said: It is not permissible to take the life of a Muslim who bears testimony that I am the Messenger of Allah, except in one of the three cases: the married adulterer, a life for life, and the deserter of Islam, abandoning the community. {According to Islamic jurists ‘life for life’ only applies if the life taken is that of a Muslim}
16:4166 - Two women of the tribe of Hudhail fought. One flung a stone upon the other causing a miscarriage to her. Allah's Apostle gave judgment that a male or a female slave of best quality be given as compensation.
16:4170 - A woman struck her co-wife with a tent-pole and she was pregnant and she killed her. Allah's Messenger made the relatives of the murderer responsible for the payment, and fixed a male slave or a female slave as the indemnity for what was in her womb. {The payment of one life with the trading of a slave was Muhammad’s solution to murder amongst Muslims.}
17:4175 - Allah's Messenger said: cut off the hand of a thief for a quarter of a dinar and upwards.
17:4185 - Allah's Messenger said: Let there be the curse of Allah upon the thief who steals an egg and his hand is cut off, and steals a rope and his hand is cut off. {According to Islamic jurisprudence a curse from Allah must also be placed on the convicted}
17:4188 – A woman committed theft and was brought to Allah's Messenger. Usama b. Zaid requested forgiveness on her behalf. The colour of the face of Allah's Messenger changed, and he said: “Do you intercede in one of the prescribed punishments of Allah?” He (Usama) said: “Messenger of Allah, seek forgiveness.” Allah's Messenger stood up and said: “If Fatima my daughter were to commit theft, I would have cut off her hand.” He then commanded about that woman who had committed theft, and her hand was cut off.
17:4191 – Allah's Messenger said: Receive teaching from me. When an unmarried male commits adultery with an unmarried female they should receive one hundred lashes and banishment for one year. And in case of married male committing adultery with a married female, they shall receive one hundred lashes and be stoned to death.
17:4194 – 'Umar b. Khattab sat on the pulpit of Allah's Messenger and said: Allah sent Muhammad with truth and He sent down the Book upon him, and the verse of stoning was included in what was sent down to him. We recited it, retained it in our memory and understood it. Allah's Messenger awarded the punishment of stoning to death and, after him we also awarded the punishment of stoning. I am afraid that with the lapse of time, the people may forget it and thus go astray by abandoning this duty prescribed by Allah. Stoning is a duty laid down in Allah's Book for married men and women who commit adultery.
17:4198 - Jabir b. Samura reported: As he was being brought to Allah's Apostle I saw Malik, a short-statured person with strong sinews, having no cloak around him. He bore witness against his own self four times that he had committed adultery. He then got him stoned to death, and then delivered the address: Behold, as we set out for Jihad (holy war) in the cause of Allah, one of you lagged behind and shrieked like the bleating of a male goat. By Allah, in case I get hold of him, I shall certainly punish him.
17:4201 - Allah's Apostle said: Is it true what has reached me about you? It has reached me that you have committed adultery with the slave-girl of so and so? He said: Yes. He (the narrator) said: He testified four times. He (the Prophet) then made pronouncement about him and he was stoned to death.
17:4202 - Abu Sa'id reported that a person belonging to the clan of Aslam came to Allah's Messenger and said: I have committed immorality, so inflict punishment upon me. Allah's Apostle commanded us to stone him. We took him to the Baqi' al-Gharqad (the graveyard of Medina). We neither tied him nor dug any ditch for him. We attacked him with bones, with clods and pebbles. He ran away and we ran after him until he came upon the stony ground (al-Harra) and stopped there and we stoned him with heavy stones of the Harra until he became motionless.
17:4205 - Then a woman of Ghamid came to him and said: Messenger of Allah, purify me, whereupon he said: What has happened to you? She said that she had become pregnant as a result of fornication. He said to her: You will not be punished until you deliver what is there in your womb. One of the Ansar (believers) became responsible for her until she was delivered of the child. He (that Ansari) came to Allah's Apostle and said the woman of Ghamid has given birth to a child. The Prophet said: In that case we shall not stone her and so leave her infant with none to suckle him.
17:4206 - When she had weaned him, she came to him (the Prophet) with the child who was holding a piece of bread in his hand. She said: Allah's Apostle, here is he as I have weaned him and he eats food. He (the Prophet) entrusted the child to one of the Muslims and then pronounced punishment. And she was put in a ditch up to her chest and he commanded people and they stoned her. Khalid b Walid came forward with a stone which he flung at her head and there spurted blood on the face of Khalid and so he abused her. Allah's Apostle heard his (Khalid's) curse that he had hurried upon her. Thereupon he (the Prophet) said: Khalid, be gentle. By Him in Whose Hand is my life, 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.
17:4207 - Imran b. Husain reported that a woman from Juhaina came to Allah's Apostle and she had become pregnant because of adultery. She said: Allah's Apostle, I have done something for which (prescribed punishment) must be imposed upon me, so impose that. Allah's Apostle called her master and said: Treat her well, and when she delivers bring her to me. He did accordingly. Then Allah's Apostle pronounced judgment about her and her clothes were tied around her and then he commanded and she was stoned to death.
17:4211 - A Jew and a Jewess who had committed adultery were brought to Allah's Messenger. Allah's Messenger came to the Jews and said: What do you find in Torah for one who commits adultery? They said: We darken their faces and make them ride on the donkey with their faces turned to the opposite direction (and their backs touching each other), and then they are taken round the city. He said: Bring Torah if you are truthful. They brought it and recited it until when they came to the verse pertaining to stoning. Allah's Messenger pronounced judgment that both of them be stoned. Abdullah b.Umar said: I was one of those who stoned them, and I saw him (the Jew) protecting her (the Jewess) with his body.
17:4214 – Allah's Apostle called the Jews and said: What is the punishment that you find in your Book (Torah) as a prescribed punishment for adultery? They said: We blacken the face with coal and flog as a substitute punishment for stoning. Thereupon Allah's Messenger said: O Allah, I am the first to revive Thy command when they had made it dead. He then commanded and he the offender was stoned to death.
17:4226 – Anas b. Malik reported that a person who had drunk wine was brought to Allah's Apostle. He gave him forty stripes with two lashes. But when Umar was Caliphate prescribed the mildest punishment for drinking is eighty stripes.
17:4237 – Allah's Messenger said: He who amongst you is imposed the prescribed punishment and that is carried out, that is his atonement for that sin and he whose sins were covered, his matter rests with Allah. {If you are punished according to Sharia you need not account to Allah for your sins.}
17:4242 – Allah's Messenger said: The wound caused by an animal has no requital (penalty) for it. {The owner of an animal is not accountable for the damage or injury it causes.}
18:4247 – Allah's Messenger said: You bring to me your disputes so I give judgment according to what I hear. If I slice off anything for him from the right of his brother but he should not accept that, for I sliced off for him a portion from the Hell. {If you think Muhammad’s judgement is incorrect you should still accept it because by so doing you are freed from a portion of hell in the hereafter.}
18:4255 - Allah's Messenger said: Allah likes three things - you worship Him, do not anything associate with Him, and be not scattered; and He disapproves for you irrelevant talk, persistent questioning and the wasting of wealth. {Allah is apparently not too keen about those who are inquisitive.}
18:4266 - Allah's Messenger said: He who innovate things in our affairs for which there is no valid reason commits sin and these are to be rejected. {Muhammad was obviously not too keen on innovation, ideas that varied from his revelations.}
18:4267 - Allah's Messenger said: He who did any act for which there is no sanction from our behalf, that is to be rejected. {Unless your actions are in accordance with Muhammad’s stipulations they are to be rejected.}
18:4271 - Allah's Messenger said: A person bought from another person a piece of land. An earthen ware which contained gold was found in it. Unable to decide ownership, they referred the matter for judgement. The judge said: Have you any children? One of them said: I have a boy, and the other said: I have a young daughter. He (the judge) said: Marry this young boy with the girl, and spend something on yourselves and also give some charity out of it. {Apparently if you have a dispute over the ownership of an item you should marry your children, who obviously have no say in the matter, sell the disputed item and spend the funds from the sale on yourselves.}
SB 2:173 - The Prophet recited Suratan-Najm at Mecca and prostrated while reciting it and those who were with him did the same except an old man who took a handful of small stones and lifted it to his forehead and said, 'This is sufficient for me.' Later on, I saw him killed as a non-believer.
SB 3:508 - The Prophet said, 'O Unais! Go to the wife of this (man) and if she confesses (that she has committed adultery), then stone her to death.'
SB 4:260 - Ali burnt some people and this news reached Ibn 'Abbas, who said, “Had I been in his place I would not have burnt them, as the Prophet said, 'Don't punish (anybody) with Allah's Punishment (fire).' No doubt, I would have killed them, for the Prophet said, 'If somebody (a Muslim) discards his religion, kill him.' “
SB 4:261 - A group of eight men from the tribe of 'Ukil came to the Prophet and then they found the climate of Medina unsuitable for them. So, they said, “O Allah's Apostle! Provide us with some milk.” Allah's Apostle said, “I recommend that you should join the herd of camels.” So they went and drank the urine and the milk of the camels till they became healthy and fat. Then they killed the shepherd and drove away the camels, and they became unbelievers after they were Muslims. When the Prophet was informed he sent some men in their pursuit, and before the sun rose high, they were brought, and he had their hands and feet cut off. Then he ordered for nails which were heated and passed over their eyes, and whey were left in the Harra (i.e. rocky land in Medina). They asked for water, and nobody provided them with water till they died.
SB 4:264 - Allah's Apostle sent a group of believers to kill Abu-Rafi. One of them said, “I drove my sword into his belly and pushed it forcibly till it touched the bone. I came to my companions and said, 'I will not leave till I hear the wailing of the women.' So, I did not leave till I heard the women bewailing Abu Rafi. Then I got up, came upon the Prophet and informed him.”
SB 4:283 - I asked Ali, 'Do you have the knowledge of any Divine Inspiration besides what is in Allah's Book?' 'Ali replied, 'I don't think we have such knowledge, but we have the ability of understanding which Allah may endow a person with, so that he may understand the Qur'an, and we have what is written in this paper as well.' I asked, 'What is written in this paper?' He replied, 'The regulations of blood-money, the freeing of captives, and the judgment that no Muslim should be killed for killing an infidel.'
SB 4:286 - 'An infidel spy came to the Prophet while he was on a journey. The spy sat with the companions of the Prophet and started talking and then went away. The Prophet said (to his companions), 'Chase and kill him.' So, I killed him.' The Prophet then gave the belongings of the killed spy keeping twenty percent for himself.
SB 7:195 - A man from the tribe of Bani Aslam came to the Prophet while he was in the mosque and said, 'I have committed illegal sexual intercourse.' The Prophet turned his face to the other side. The man turned towards the side towards which the Prophet had turned his face, and gave four witnesses against himself. On that the Prophet called him and said, 'Are you married?' The man said, 'Yes.' On that the Prophet ordered him to be stoned to death in the Musalla (a praying place). When the stones hit him with their sharp edges and he fled, but he was caught at Al-Harra and then killed.
SB 9:37 - Allah's messenger never killed anyone except in one of the following three situations: 1) A person who killed somebody unjustly, was killed (in Qisas,) 2) a married person who committed illegal sexual intercourse and, 3) a man who fought against Allah and His messenger, and deserted Islam and became an apostate.
SB 23:413 - The Jew brought to the Prophet a man and a woman from amongst them who have committed (adultery) illegal sexual intercourse. He ordered both of them to be stoned (to death), near the place of offering the funeral prayers beside the mosque.”
SB 34:421 - Sad bin Abi Waqqas and 'Abu bin Zam'a quarreled over a boy. Sad said, “O Allah's Apostle! This boy is the son of my brother ('Utba bin Abi Waqqas) who took a promise from me that I would take him as he was his illegal son. Look at him and see whom he resembles.” 'Abu bin Zam'a said, “O Allah's Apostle! This is my brother and was born on my father's bed from his slave-girl.” Allah's Apostle cast a look at the boy and found resemblance to 'Utba and then said, “The boy is for you, O 'Abu bin Zam'a. The child goes to the owner of the bed and the adulterer gets nothing but the stones (to be stoned to death). Then the Prophet said, “O Sauda bint Zama! Screen yourself from this boy.” So, Sauda never saw him again.
SB 52:270 - The Prophet said, “Who is ready to kill Ka'b bin Al-Ashraf who has really hurt Allah and His Apostle?” bin Maslama said, “O Allah's Apostle! Do you like me to kill him?” He replied in the affirmative. So, bin Maslama went to him and said, “The Prophet has put us to task and asked us for charity.” Ka'b replied, “By Allah, you will get tired of him.” bin Maslama said to him, “We have followed him, so we dislike to leave him till we see the end of his affair.” bin Maslama went on talking to him in this way till he got the chance to kill him.
SB 82:803 - Narrated Ash-Sha'bi: from Ali when the latter stoned a lady to death on a Friday. Ali said, “I have stoned her according to the tradition of Allah's Apostle.”
SB 82:813 - When Ma'iz bin Malik came to the Prophet (in order to confess), the Prophet said to him, “Probably you have only kissed (the lady), or winked, or looked at her?” He said, “No, O Allah's Apostle!” The Prophet said, using no euphemism, “Did you have sexual intercourse with her?” The narrator added: At that, (i.e. after his confession) the Prophet ordered that he be stoned (to death).
SB 89:303 - A Bedouin came and said, “O Allah's Apostle! Judge between us according to Allah's Book” His opponent stood up and said, “He has said the truth, so judge between us according to Allah's Laws.” The Bedouin said, “My son was a labourer for this man and committed illegal sexual intercourse with his wife. The people said to me, 'Your son is to be stoned to death' so I ransomed my son for one hundred sheep and a slave girl. Then I asked the religious learned men and they said to me, 'Your son has to receive one hundred lashes plus one year in exile.' The Prophet said, “I shall judge between you according to Allah's Book! As for the slave girl and the sheep, it shall be returned to you, and your son shall receive one-hundred lashes and be exiled for one year. “O you, Unais!” The Prophet addressed a man, “Go in the morning to the wife of this man and stone her to death.” So Unais went to her the next morning and stoned her to death.
SB 92:432 - The Jews brought a man and a woman who had committed illegal sexual intercourse, to the Prophet and the Prophet ordered them to be stoned to death, and they were stoned to death near the mosque where the biers used to be placed.
SB 83:17 - Allah's Messenger said, “The blood of a Muslim who confesses that none has the right to be worshipped but Allah and that I am His Messenger, cannot be shed except in three cases: in Qisas (equality in punishment) for murder, a married person who commits illegal sexual intercourse and the one who reverts from Islam (Apostate) and leaves the Muslims.”
SB 84:57 - Some Zanadiqa (atheists) were brought to 'Ali and he burnt them. The news of this event, reached Ibn 'Abbas who said, “If I had been in his place, I would not have burnt them, as Allah's Apostle forbade it, saying, 'Do not punish anybody with Allah's punishment (fire).' I would have killed them according to the statement of Allah's Apostle, 'Whoever changed his Islamic religion, then kill him.'“
SB 89:271 - A man embraced Islam and then reverted back to Judaism. Mu'adh bin Jabal came and saw the man with Abu Musa. Mu'adh asked, “What is wrong with this man?” Abu Musa replied, “He embraced Islam and then reverted back to Judaism.” Mu'adh said, “I will not sit down unless you kill him as it is the verdict of Allah and his Apostle.”
SB 92:388 - When Allah's Apostle died and Abu Bakr was elected as a Caliph after him, some of the Arabs reverted to disbelief, 'Umar said to Abu Bakr, “How dare you fight the people while Allah's Apostle said, I have been ordered to fight the people till they say 'None has the right to be worshipped but Allah' And whoever says: ‘Only Allah has the right to be worshipped’ his wealth and his life is safe. Abu Bakr said, “By Allah, I will fight him who discriminates between Zakat and prayers, for Zakat is the compulsory right to be taken from the wealth. By Allah, if they refuse, I would fight them for withholding it.”
SAD 38:4341 - AbuMusa said: Mu'adh came to me when I was in the Yemen. A man who was Jew embraced Islam and then retreated from Islam. When Mu'adh came, he said: I will not come down from my mount until he is killed. He was then killed. One of them said: He was asked to repent before that.
SAD 38:4348 - A blind man had a slave-mother who used to abuse the Prophet and disparage him. He forbade her but she did not stop. He rebuked her but she did not give up her habit. One night she began to slander the Prophet and abuse him. So he took a dagger, placed it on her belly, pressed it, and killed her. When the morning came, the Prophet was informed about it. Thereupon the Prophet said: Oh be witness, no retaliation is payable for her blood.
SAD 38:4349 - A Jewess used to abuse the Prophet and disparage him. A man strangled her till she died. The Apostle of Allah declared that no recompense was payable for her blood.
SAD 38:4359 The verse {in Quran} "The punishment of those who wage war against Allah and His Apostle, and strive with might and main for mischief through the land is execution, or crucifixion, or the cutting off of hands and feet from opposite side or exile from the land" was revealed about polytheists. If any of them repents before they are arrested, it does not prevent from inflicting on him the prescribed punishment which he deserves.
SAD 38:4373 The Prophet had a man's hand cut off who had stolen from the place reserved for women a shield whose price was three dirhams.
SAD 38:4396 A thief was brought to the Prophet. He said: Kill him. The people said: He has committed theft, Apostle of Allah! Then he said: Cut off his hand. So his right hand was cut off. He was brought a second time and he said: Kill him. The people said: He has committed theft, Apostle of Allah! "Then he said: Cut off his foot." So his (left) foot was cut off.
He was brought a third time and Muhammad said: Kill him. The people said: He has committed theft, Apostle of Allah! So he said: Cut off his hand. So his left hand was cut off.
He was brought a fourth time and Muhammad said: Kill him. The people said: He has committed theft, Apostle of Allah! So he said: Cut off his foot. So his (right) foot was cut off.
He was brought a fifth time and he said: Kill him. So we took him away and killed him. We then dragged him and cast him into a well and threw stones over him. {Here Muhammad seems very eager to kill a thief, but is continually reminded that theft should not warrant capital punishment. Muhammad relents and orders limbs chopped off with each crime until he is finally stoned to death.}
SAD 38:4397 A thief was brought to the Apostle of Allah and his hand was cut off. Thereafter he commanded for it, and it was hung on his neck. {Cutting off of hands was not sufficient punishment according to Muhammad, the severed hand should be hung around the thief's neck to ensure insult is added to injury.}
SAD 38:4403 - If you find a man with your wife, what will you do? He said: I shall strike them with a sword so much that they die. The Apostle of Allah said: The sword is a sufficient witness. He then said: A furious and a jealous man may follow this course.
SAD 38:4421 - I was working in the market. A woman passed carrying a child. The Prophet asked: Who is the father of this (child) who is with you? She remained silent. A young man by her side said: I am his father. The Prophet said to him: Are you married? He said: Yes (to someone else). So he gave orders regarding him that he should be stoned to death. We took him out, dug a pit for him and put him in it. We then threw stones at him until he died.
SAD 38:4424 - A man committed fornication with a woman. So the Apostle of Allah ordered regarding him and the prescribed punishment of flogging was inflicted on him. He was then informed that he was married. So he commanded regarding him and he was stoned to death.
SAD 38:4426 - A woman belonging to the tribe of Juhaynah came to the Prophet and said that she had committed fornication and that she was pregnant. The Apostle of Allah called her guardian. Then the Apostle of Allah said to him: Be good to her, and when she bears a child, bring her. When she gave birth to the child, he brought her (to him). The Prophet gave orders regarding her, and her clothes were tied to her. He then commanded that she be stoned to death.
SAD 38:4442 - I met my uncle who was carrying a standard. I asked him: Where are you going? He said: The Apostle of Allah has sent me to a man who has married his father's wife. He has ordered me to cut off his head and take his property.
SAD 38:4448 - If a man who is not married is seized committing sodomy (homosexual act), he will be stoned to death.