Derived from the lecture series of Nekounam , session 1571
The Holy Qur'an, a pristine spring of guidance and the source of divine injunctions, addresses fundamental issues of social and doctrinal order in its verses. Among these, the rulings concerning hirabah (waging war against society) and apostasy hold a particular status due to their profound connection with preserving societal stability and steadfastness of faith. This treatise, adopting an analytical approach Qur'anic verses and authentic traditions, examines these two concepts. The objective is to provide a comprehensive elucidation of the related verses, which, while faithful to their original meanings, employ a clear and robust language to clarify the jurisprudential, exegetical, and social dimensions of these rulings for the readership. Like a tree whose roots delve into the soil of divine verses and its branches extend towards the heavens of knowledge, this study endeavours to shed light upon the path to understanding these rulings by delving into the depths of Qur'anic meanings.
The enforcement of divine rulings, particularly penal laws such as hirabah, depends on the existence of a healthy society equipped with cohesive social structures. Just as a building collapses without a solid foundation, implementing these rulings in a society lacking necessary infrastructures not only fails to establish order but may lead to chaos and injustice. The absence of a transparent and coherent judicial system may foster baseless accusations or false testimonies, diverting the execution of rulings from their rightful path. Therefore, prior to enforcing hirabah rulings, a context must be established in which society enjoys health and stability.
The enforcement of hirabah rulings necessitates a systematic judicial structure in which various forms of hirabah are identified, categorised, and accompanied by proportionate punishments. Like a river that without dams and guidance turns into a destructive flood, a lack of systematisation in applying these rulings can cause inequality and arbitrary actions. For instance, a minor offence may face a harsh penalty while a grave offence might receive a lenient sentence. This highlights the need for comprehensive and approved legislation within the judicial system to prevent disorder and misunderstandings.
Hirabah is an act that stands in opposition to the social order and its impact is likened to the killing of all people in society. The Holy Qur'an states:
"Whoever kills a soul unless for a soul or for corruption [done] in the land it is as if he had slain mankind entirely. And whoever saves one it is as if he had saved mankind entirely."
This verse, like a mirror revealing truth without veil, emphasises the importance of preserving human life and the profound effect of hirabah on social order. Hirabah, by causing insecurity and depriving public tranquillity, affects the entire community and therefore constitutes a crime whose consequences transcend the individual or specific group.
The Qur'an in another verse refers to the diversity of punishments for hirabah and enumerates four types of penalties:
"The recompense of 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."
The variety of penaltiesfrom killing and crucifixion to cutting off hands and feet and exilereflects differences in the severity and nature of the hirabah crime. Like a garden that bears various fruits, this diversity necessitates precise expert examination in identifying hirabah instances and determining appropriate punishment. For example, a person who commits murder and seizes wealth differs in severity and punishment from one who merely brandishes a weapon and creates fear.
The traditions of the Infallible Imams (peace be upon them) provide more detailed clarifications of hirabah rulings and classify its instances into categories such as theft of wealth, murder, instilling fear, and corruption on earth. For example, a tradition states: "If a person brandishes a weapon and seizes wealth but does not kill, his punishment is cutting off hands and feet or exile, but if murder occurs, a heavier punishment such as killing and crucifixion is applied." These traditions, like a lamp that dispels darkness, play a complementary role in understanding the Qur'anic verses and emphasize the necessity of having knowledgeable judges and a coherent judicial system.
Diyah (blood money), as a right among people, is distinct from hirabah punishment, which is a crime against the divine system. Like two separate pathsone leading to compensation of individual loss and the other to preservation of social orderthese two rulings differ in nature and execution. If a hirabah offender commits murder, in addition to hirabah punishment, diyah also belongs to the heirs of the victim; nevertheless, these rulings remain separate from each other.
Enforcing hirabah rulings demands the drafting of comprehensive and ratified laws within the judicial system to prevent arbitrary implementation. Like a blueprint that guides an architect in erecting a firm building, legal statutes provide a framework enabling judges to administer justice properly. Identifying the various types of hirabahincluding cultural, doctrinal, and physicaland prescribing proportionate punishments fall within the duties of the judicial authority.
Unlike theft, hirabah involves various degrees and its punishment severity depends on the type and extent of the crime. In Islamic jurisprudence, the hadd for theft is uniform regardless of its kind, but hirabah, due to its diversity, requires distinct rulings. This difference, akin to two paths with different destinations, highlights the complexity of hirabah and the need for meticulous examination of its instances.
