Arguments on the Accusation that Islamic Sharia is Cruel

Islamic Sharia has various forms of application in responding to the conditions of the people. Starting from gentle appeals to strict punishments. All forms of sharia have wisdom for the betterment of humanity. Imam Al ‘Izz bin Abdissalam God bless said,

Sharia law is about interests; Either ward off harm, or bring benefits

“Indeed, all of the Shari’a is for the purpose of benefit, whether in the form of rejection mafsadat (badness) or achieve blessing (kindness).” (Al-Qawaid, 1:9; in the Ushul Da’wah, matter. 301) [1]

Da’wah which contains clear knowledge and gentle delivery is intended to invite people to the path of goodness. However, Islam’s focus is not only on gentle preaching. In Islam, the warmth of preaching is accompanied by a strict legal system.

Law let [2] And ta’zir which is set in the context of Islamic law, from the perspective of some people today, it seems very harsh. This is because the assessment is based on physical forms of punishment, such as cutting off hands or even slaughtering them. Therefore, in this article, the author will outline other perspectives of punishment enforcement -specifically let- in Islam which brings blessings in practice.

Take the wisdom of enforcing punishment let from Maiz bin Malik

One of the friends who fell into a big sin was Maiz bin Malik May Allah bless him and grant him peace. He once committed adultery with one of the women under Hazzal Al-Aslami’s care May Allah bless him and grant him peace. Maiz was very confused about the sins he committed when all Muslims were on jihad. Finally he reported it to Hazzal Rabb, then Hazzal suggested looking for a solution from the Prophet ﷺ. Finally, after the Prophet ﷺ tried to turn away from this testimony, the Prophet deliberately imposed this punishment let on it.

At night after the law let founded in Maiz, Rasulullah ﷺ preached in front of the Muslims about the wisdom of this incident.

Rasulullah sallallaahu ‘alaihi wa sallam said in his sermon: Or when we set out as warriors in the path of Allah, among our children there is a man whose snout is like a goat, stay behind!! I must not bring in anyone who does that unless I punish him.

Rasulullah ﷺ said in his sermon, “Why is it that when we set out for jihad in the way of Allah, one of you did not go and was with our family, he had moans like a male goat (during mating). So don’t you bring to me the person who did that act but I will give him sanctions.” (HR. Muslim no. 1694, translation relied on “The Most Merciful Prophet” cet. Al-Kautsar, p. 212)

The content of his sermon invited people to harmonize reason and feeling. What if in a situation where everyone is fighting, but one of the group betrays, namely commits adultery with one of the fighter’s family? This is the context for Maiz when she commits adultery. At that time, the people were out fighting while Maiz committed adultery with his slave Hazzal. [3]

Greater wisdom: Prevent the spread of evil

So, imagine the evil that can be spread by not enforcing punishment Let me A moment of struggle in the noble path of Allah ﷻ is exploited by someone to betray Allah ﷻ. Rasulullah ﷺ explained that this could happen to anyone. In fact, the victim can be anyone and from anyone’s family. Of course a reasonable human being would be angry if his family was tarnished!

When someone commits adultery, he has tarnished the honor of many people. He has lost his human mind, so he has acted like an animal. For this reason, the example of the Prophet ﷺ in the sermon is: “like a goat sighing”. Apart from the accuracy of the example, it is also because of the despicable behavior.

Punishment let It is also enforced so that broader justice is maintained. When someone commits adultery, he has tarnished the honor of many people. If it is not punished, then how many people’s rights are not upheld? Not to mention the impact when it comes to law let If it is not enforced because the perpetrator has repented, for example, then people will trivialize this matter. The thought will arise, “It’s okay to commit adultery, it’s okay for other people to know, the important thing is that I repent!” This will damage the moral order of society.

As the Prophet ﷺ made a firm statement at the end of his sermon, that those who commit adultery like Maiz will still be stoned to death. The aim is to prevent people in general from this action. As for the practice when the case actually occurred, it was proven that the Prophet ﷺ prioritized forgiveness and did not want to know about the immorality committed by the person.

Punishment let is a form of protection of God’s rights ﷻ

It is not only human rights that are tarnished, it is originally the rights of Allah ﷻ that are first tarnished when someone disobeys. Therefore, Allah directly determines the form of punishment let for the perpetrator of the sin of adultery. So, enforcement of punishment let is a form of safeguarding the rights of Allah ﷻ.

As we know, the rights of Allah ﷻ are much more important than human rights. However, due to considerations of mercy towards the perpetrator, in practice the Prophet ﷺ did not immediately punish Maiz. The Prophet ﷺ repeatedly deviated from Maiz’s testimony. The aim is to:

1. So that his testimony is strong and straight argument in punishing;
2. Save the perpetrator from torment and just repent to Allah ﷻ.

However, in the context of Maiz, he repeatedly emphasized his testimony until it was strong, his steadfastness was severely punished, and it became known to the public.

Enforcement of punishment let shows the firmness and gentleness of the law

This attitude of the Prophet ﷺ contains extensive wisdom, showing a balance of firmness and gentleness. The situation where a person commits sin and keeps it to himself will not have a direct impact on society. Therefore, the Prophet ﷺ encouraged someone to cover their disgrace.

Meanwhile, when immorality has been raised in front of a judge like the Prophet ﷺ or spread widely in society, there is a big impact, namely:

1. The emergence of unrest in society;
2. The humiliation of the perpetrator;
3. Severity of punishment let which will happen to the perpetrator.

Know that the main purpose of Islamic law is not to punish people. However, to create peace and tranquility by preventing bad actions, because the threat is very serious. On this basis, Islamic law in practice is very detailed in its determination, prioritizes mercy and compassion in its decisions, and is balanced (Wasath) as well as wisdom in its application.

Punishment let help the perpetrator

Plus, punishment let which is enforced will help the perpetrator in this world and the hereafter. Because of punishment let will be a pillar of his repentance before Allah ﷻ. Punishment let what is enforced will also be proof before humans that the perpetrator has received punishment, so there will no longer be any opportunity for humans to criticize him. This is what Rasulullah ﷺ exemplified after stoning Maiz and the Ghamidiyah woman.

When Maiz was stoned, he finally tried to run because he couldn’t stand it. However, someone threw a bone at him until he fell and died. The Prophet ﷺ also said,

Will you leave him alone, maybe he will repent and God will turn to me?

“Why don’t you let him, who knows if he repents and Allah accepts his repentance.” (HR. Abu Dawud no. 4419 assessed hasan)

Meanwhile, if a Ghamidiyah woman admits her adultery, then that is the law let dropped on him, then Khalid bin Walid went beyond the limit by throwing stones at him accompanied by curses. The Prophet ﷺ also advised him,

He said: Wait, Khaled. By the One in Whose Hands my soul is, he has repented in such a way that if the tax owner had repented, Allah would have forgiven him. Then he commanded and prayed for him, and he was buried.

“Be gentle, O Khalid. By the One in Whose Hands my soul is, he has repented with repentance that if a tax collector repented like that, Allah would surely forgive him.” Then he ordered that his body be prayed for, and he was buried. (HR. Muslim no. 1695)

These narrations very clearly show that the main aim of enforcing sharia punishment is mercy to all without sacrificing justice. That is not the goal of law enforcement let is simply to punish the perpetrator. In practice, the Prophet ﷺ really avoided punishing someone without any clear benefit. Many other arguments show that the law let its purpose is not to punish, but to establish justice and mercy among humanity. This historical diversity must be read by liberals and opponents of sharia punishment.

Also read: There is no conflict (contradiction) in Islamic Sharia

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Writer: Glenshah Fauzi

Article Muslim.or.id

Reference:

• Ar-Rahmah fi Hayati Rasulillah, object. 116; Prof.’s work Dr. Rabb As-Sirjani.
• Most Merciful Prophet, cet. Al-Kautsar, p. 212.
• Reference for hadith advice to Khalid bin Walid: https://dorar.net/hadith/sharh/132502
• Riyadhus Shalihin’s lecture by Shaykh Ahmad Hutaibah (6:12): https://shamela.ws/book/36997/51
• Book of Ushul Ad-Dakwah by Sheikh Dr. Abdul Karim Zaidan: https://shamela.ws/book/22615/299
• Various historical references can be seen in the Stoning Chapter in the hadith book Sahih Muslim And Abu Dawud’s name. There is a history of Jabir bin Samurah, Abu Hurairah, and Ibnu Buraidah in this story. However, not all of them are mentioned to summarize this article.

Footnote:

[1] Book Ushul Ad-Dakwah, by Sheikh Dr. Abdul Karim Zaidan.

[2] Law let is a punishment determined by Allah ﷻ for perpetrators of criminal acts in the context of Islamic law which has been specifically written in the Al-Qur’an and As-Sunnah.

[3] This information was obtained from Riyadhus Shalihin’s lecture by Sheikh Ahmad Hutaibah (6: 12). May Allah ﷻ forgive us from misunderstandings.