of Nokounam, May His Sanctity Be Preserved (Session 1567)
This present book, through contemplation upon the verses of the Holy Qur'an and the traditions of the Infallibles (peace be upon them), examines jurisprudential and rational issues related to hudud rulings, divine forgiveness, confession and pardon of the disbeliever, stoning, and rulings pertaining to non-Muslims. This work, adopting a profound and multifaceted approach, endeavours to provide a comprehensive perspective on these subjects by utilising jurisprudential, rational, and psychological analyses. The core of this treatise is to elucidate the balance between justice and mercy within Islamic rulings, which, akin to two wings, elevate the religion towards the advancement and guidance of society. Just as the sun bestows life upon the earth through its light and warmth, divine rulings, through justice and compassion, guarantee the spiritual and social vitality of humanity.
Whoever kills a soul unless for a soul or for corruption [done] in the land it is as if he had slain mankind entirely. (Al-M'idah: 32)
The Holy Qur'an, in verse 32 of Surah Al-M'idah, equates the killing of a single human being with the killing of all humanity. This emphasis reflects the unparalleled value of life in Islam, which, like a precious gem, lies at the heart of divine rulings. From a jurisprudential standpoint, intentional murder is among the major sins, and the implementation of the punishment of qisas (retribution) is only permissible upon definitive establishment of the crime and the fulfilment of stringent conditions such as testimony from four just witnesses or confession in four sessions. These conditions act as firm gates, preventing the hasty execution of hudud.
The principle of Taarru bi al-Shubht (avoidance of hudud execution in the presence of doubt) represents an example of Islamic mercy. If the judge harbours uncertainty regarding the establishment of the crime, the execution of the hudud is impermissible. This principle acts as a shield against injustice, preventing unfair punishments. A narration from the Commander of the Faithful (peace be upon him) recounts that a woman confessed to adultery, yet the Imam delayed enforcing the punishment and distanced himself from the confessor, thereby demonstrating mercy. Such conduct reflects the commitment to definitive proof of crime, which illuminates the path of justice like a beacon.
From a psychological perspective, this approach strengthens societys trust in divine justice. Doubt in executing hudud not only prevents oppression but also bestows tranquility and assurance upon the community as a gentle breeze.
The conduct of the Infallibles (peace be upon them) in implementing hudud serves as an exemplary balance between justice and mercy. In a narration, a woman confessed adultery before the Commander of the Faithful (peace be upon him), yet he refused her confession multiple times and postponed the punishment even after her insistence, in order to examine her condition (such as pregnancy). This attentiveness reveals Islamic compassion as a pure spring.
Another narration quotes the Commander of the Faithful (peace be upon him) saying: After four testimonies? emphasising the necessity of definitive crime confirmation. If there is any doubt in confession or testimony, hudud execution is not permissible; this acts as a bridge between justice and mercy, preventing unjust rulings.
The hudud of killing in Islam, with emphasis on the sanctity of life, is enforced only upon definitive proof of crime. The principle of Taarru bi al-Shubht and the conduct of the Infallibles (peace be upon them) exemplify the balance between justice and mercy. These principles, like stars in the jurisprudential sky, guide the implementation of fair and compassionate rulings.
Except You, You forgive all sins. (Ash-Shr: 52)
Divine forgiveness, akin to an infinite ocean, absorbs sins and restores hope to sinners. The Holy Qur'an emphasises that only God pardons all sins entirely. This principle enhances the sense of hope and the capacity for reform in humans, as if a spring breeze dispels despair and hopelessness from the soul.
The Infallibles (peace be upon them), following Gods example, treat sinners with compassion. The conduct of the Commander of the Faithful (peace be upon him) towards Maljam Muradi is an exemplar of such mercy, reflecting the dignity and grandeur of the Infallible as a mirror. This approach not only calls the sinner towards reform but also ignites trust in divine justice in society like a flame.
The presence of the Infallible in society is like the presence of the sun in the sky, benefiting all. With dignity and mercy, the Infallible guides society and reduces the terror of punishment. This principle strengthens social cohesion and gifts tranquility to society like a clear river.
Divine forgiveness and the mercy of the Infallibles constitute two essential pillars of Islamic rulings that establish a balance between justice and compassion. These principles, like two wings, guide society towards reform and nurture hope in hearts.
When they saw Our punishment, they said: We believe in Allah alone and disbelieve in that which we used to associate with Him. (Ghfir: 12)
The principle of Al-Islm Yajibu M Qabalah (Islam abrogates what preceded it) expresses Islamic mercy. If a disbeliever embraces Islam before confessing to a crime, hudud is waived. However, if they embrace Islam after confession, the hudud becomes effective and is executed. This principle acts as a key opening the doors of reform for sinners.
In the application of rulings or pardoning, no differentiation is made among types of disbelief (Christianity, Judaism, etc.). Verse 12 of Surah Ghfir shows that sincere repentance at the appropriate time can annul hudud. This principle, like a breeze of justice, strengthens the sense of equality and fairness in society.
The principle of Islam abrogates what preceded it and the absence of differentiation among types of disbelief reflect the mercy and justice of Islam. These principles stand as steadfast pillars preventing unjust rulings and aiding the reform of sinners.
The adulteress and the adulterer, flog each one of them a hundred lashes. (An-Nr: 2)
The hudud for fornication for the unmarried is one hundred lashes, but for the married (Muin), stoning is prescribed, conditional upon confirmation of the crime by four witnesses or confession in four sessions. The insane or the minor are not considered Muin, as they are not legally accountable. This distinction acts as a precise scale ensuring justice in the implementation of rulings.
An insane person is not legally accountable and thus is not subject to the hudud of stoning, even if married. Narrations on this matter are concise, and the principle of Taarru bi al-Shubht prevents execution of hudud. This principle is a steadfast shield against unjust punishments.
The hudud of stoning, accompanied by strict conditions and exceptions for the insane and minors, exemplifies the balance between justice and mercy. The principle of Taarru bi al-Shubht prevents unjust rulings and illuminates the path of justice like a beacon.
And if they come to you, judge between them or turn away from them. And if you turn away from them - never will they harm you at all. And if you judge, judge between them with justice. (Al-M'idah: 42)
And We have revealed to you the Book in truth, confirming that which preceded it of the Scripture and as a criterion over it. So judge between them by what Allah has revealed. (Al-M'idah: 48)
Verses 42 and 48 of Surah Al-M'idah permit the Islamic judge to rule either by the dhimms own scriptures (Torah or Gospel) or by Islam, provided justice (qis) is upheld. This discretion serves as a bridge between religions, reducing interfaith tensions. The enforcement of justice, whether through dhimms law or Islam, is like a light dispelling the darkness of prejudice.
Some religious scholars hold that the verse Judge or turn away is abrogated by the verse Judge by what Allah has revealed. However, from the Shia jurisprudential perspective, abrogation of Quranic verses is very limited, and these two verses do not conflict as both emphasise the implementation of justice. This perspective, like a pure stream, prevents unnecessary sectarianism.
A narration from the Commander of the Faithful (peace be upon him) states that a dhimm who commits adultery with a Muslim woman should be referred to his own law unless there is a violation of Islamic sanctity. Some scholars argue that in cases of dhimm aggression against Muslims, the Islamic ruler should punish the offender. However, this view is criticised since the dhimm does not exit the protection of the pact by committing sin unless rebelling against the Islamic system. This critique reflects justice and fairness in Islamic rulings like a mirror.
