In Islam - Criminals who attacked people, or seized property with a weapon, or damaging the honor of the woman with the threat of weapons, termed by scholars ' at Quttha-Thariq [Arabic: ﻗﻄﺎﻉ ﺍﻟﻄﺮﻳﻖ]. In a place we called begal or robbers.
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In General, stop the action of the robber, we can break down into two,
First the Government's efforts - Islam has set up and provide guidance, what should the Government do in stop action robbery. The rules that God pour in his word,
ﺇِﻧَّﻤَﺎ ﺟَﺰَﺍﺀُ ﺍﻟَّﺬِﻳﻦَ ﻳُﺤَﺎﺭِﺑُﻮﻥَ ﺍﻟﻠَّﻪَ ﻭَﺭَﺳُﻮﻟَﻪُ ﻭَﻳَﺴْﻌَﻮْﻥَ ﻓِﻲ ﺍﻟْﺄَﺭْﺽِ ﻓَﺴَﺎﺩًﺍ ﺃَﻥْ ﻳُﻘَﺘَّﻠُﻮﺍ ﺃَﻭْ ﻳُﺼَﻠَّﺒُﻮﺍ ﺃَﻭْ ﺗُﻘَﻄَّﻊَ ﺃَﻳْﺪِﻳﻬِﻢْ ﻭَﺃَﺭْﺟُﻠُﻬُﻢْ ﻣِﻦْ ﺧِﻠَﺎﻑٍ ﺃَﻭْ ﻳُﻨْﻔَﻮْﺍ ﻣِﻦَ ﺍﻟْﺄَﺭْﺽِ ﺫَﻟِﻚَ ﻟَﻬُﻢْ ﺧِﺰْﻱٌ ﻓِﻲ ﺍﻟﺪُّﻧْﻴَﺎ ﻭَﻟَﻬُﻢْ ﻓِﻲ ﺍﻟْﺂَﺧِﺮَﺓِ ﻋَﺬَﺍﺏٌ ﻋَﻈِﻴﻢٌ
"Retaliation against people who are fighting against God and his Messenger and make mischief on the Earth, is simply their killed or crucified, or cut off their hands and feet in a crossword, or thrown out of the country (place of residence). That (as) an insult to them in the world and in the hereafter a great torment they have. " (QS. Al Maidah: 33)
Us priest Sa'di explains that is make mischief on the Earth in verse is the one who did the terror on the streets by carrying out seizure or assassination. (Manhajus Salikin, p. 243)
The next Imam as-Sa'di explains the details of the law can be taken by the authorities in punishing the begal.
- Begal who committed murder and deprivation of possessions, he killed and crucified.
- who murders Begal, a mandatory kill.
- Begal who just seized the property, cut off his right hand to his left foot and cut wrist to wrist.
- Begal who terrorize and frighten other people, he was jailed. (Manhajus Salikin, p. 243)
Secondly a community effort - For the community, both individuals and groups, against the action of begal is prescribed in Islam. And the recommended minimal way possible to stop the action. If she doesn't be stopped than by killing him, then there is no right to sue for retaliation.
Shaykh al-Islam was asked - If anyone wants to take the property of others with the threat of suicide, such as begal or robbers, whether we should submit our treasures? Or do we fight it?
He answers,
ﺃﺟﻤﻊ ﺍﻟﻤﺴﻠﻤﻮﻥ ﻋﻠﻰ ﺟﻮﺍﺯ ﻣﻘﺎﺗﻠﺔ ﻗﻄﺎﻉ ﺍﻟﻄﺮﻳﻖ ﻭﻗﺪ ﺛﺒﺖ ﻋﻦ ﺍﻟﻨﺒﻲ ﺻﻠﻰ ﺍﻟﻠﻪ ﻋﻠﻴﻪ ﻭﺳﻠﻢ ﺃﻧﻪ ﻗﺎﻝ: )ﻣﻦ ﻗﺘﻞ ﺩﻭﻥ ﻣﺎﻟﻪ ﻓﻬﻮ ﺷﻬﻴﺪ (. ﻓﺎﻟﻘﻄﺎﻉ ﺇﺫﺍ ﻃﻠﺒﻮﺍ ﻣﺎﻝ ﺍﻟﻤﻌﺼﻮﻡ ﻟﻢ ﻳﺠﺐ ﻋﻠﻴﻪ ﺃﻥ ﻳﻌﻄﻴﻬﻢ ﺷﻴﺌﺎ ﺑﺎﺗﻔﺎﻕ ﺍﻷﺋﻤﺔ؛ ﺑﻞ ﻳﺪﻓﻌﻬﻢ ﺑﺎﻷﺳﻬﻞ ﻓﺎﻷﺳﻬﻞ ﻓﺈﻥ ﻟﻢ ﻳﻨﺪﻓﻌﻮﺍ ﺇﻻ ﺑﺎﻟﻘﺘﺎﻝ ﻓﻠﻪ ﺃﻥ ﻳﻘﺎﺗﻠﻬﻢ ﻓﺈﻥ ﻗﺘﻞ ﻛﺎﻥ ﺷﻬﻴﺪﺍ ﻭﺇﻥ ﻗ ﺘﻞ ﻭﺍﺣﺪﺍ ﻣﻨﻬﻢ ﻋﻠﻰ ﻫﺬﺍ ﺍﻟﻮﺟﻪ ﻛﺎﻥ ﺩﻣﻪ ﻫﺪﺭﺍ؛ ﻭﻛﺬﻟﻚ ﺇﺫﺍ ﻃﻠﺒﻮﺍ ﺩﻣﻪ ﻛﺎﻥ ﻟﻪ ﺃﻥ ﻳﺪﻓﻌﻬﻢ ﻭﻟﻮ ﺑﺎﻟﻘﺘﻞ ﺇﺟﻤﺎﻋﺎ؛
The Muslims agree, that it is against the robbers. There are Saheeh ahaadeeth from the Prophet Sallallaahu ' alaihi wa sallam that he said,
ﻣﻦ ﻗﺘﻞ ﺩﻭﻥ ﻣﺎﻟﻪ ﻓﻬﻮ ﺷﻬﻴﺪ
"Who was killed because of his wealth, he defends a martyr."
Robber, when he wanted to seize the property of the victim, then the victim is not obliged to hand over his wealth with the scholars agree. But she could fight it out with the simplest way to do it. If he still could not be terminated, except with weapons, then the victim may use weapons. If the victim is killed, then he is a martyr. And if the victim manages to kill one among the hordes of begal with procedures as above, then the blood could not be prosecuted. Similarly, when the begal was about to kill the victims, scholars agreed that the victim has the right to oppose him, though to be murder.
Should it be resisted?
He continued his explanation
ﻟﻜﻦ ﺍﻟﺪﻓﻊ ﻋﻦ ﺍﻟﻤﺎﻝ ﻻ ﻳﺠﺐ ﺑﻞ ﻳﺠﻮﺯ ﻟﻪ ﺃﻥ ﻳﻌﻄﻴﻬﻢ ﺍﻟﻤﺎﻝ ﻭﻻ ﻳﻘﺎﺗﻠﻬﻢ. ﻭﺃﻣﺎ ﺍﻟﺪﻓﻊ ﻋﻦ ﺍﻟﻨﻔﺲ ﻓﻔﻲ ﻭﺟﻮﺑﻪ ﻗﻮﻻﻥ ﻫﻤﺎ ﺭﻭﺍﻳﺘﺎﻥ ﻋﻦ ﺃﺣﻤﺪ
If this only threatens begal treasure, then protect the property law is not mandatory. The victim may submit his wealth and not fight it. If a given threat is assassination, scholars disagree whether compulsory self-defence or not. There are two history of Imam Ahmad. (Majmoo ' Al-Fataawa, 34/242)
Among the evidence that individually, we are prescribed to fight the begal who tried to rob him, from Abu Hurairah Radi ' anhu,
ﺟَﺎﺀَ ﺭَﺟُﻞٌ ﺇِﻟَﻰ ﺭَﺳُﻮﻝِ ﺍﻟﻠَّﻪِ -ﺻﻠﻰ ﺍﻟﻠﻪ ﻋﻠﻴﻪ ﻭﺳﻠﻢ- ﻓَﻘَﺎﻝَ ﻳَﺎ ﺭَﺳُﻮﻝَ ﺍﻟﻠَّﻪِ ﺃَﺭَﺃَﻳْﺖَ ﺇِﻥْ ﺟَﺎﺀَ ﺭَﺟُﻞٌ ﻳُﺮِﻳﺪُ ﺃَﺧْﺬَ ﻣَﺎﻟِﻰ ﻗَﺎﻝَ » ﻓَﻼَ ﺗُﻌْﻄِﻪِ ﻣَﺎﻟَﻚَ «. ﻗَﺎﻝَ ﺃَﺭَﺃَﻳْﺖَ ﺇِﻥْ ﻗَﺎﺗَﻠَﻨِﻰ ﻗَﺎﻝَ » ﻗَﺎﺗِﻠْﻪُ «. ﻗَﺎﻝَ ﺃَﺭَﺃَﻳْﺖَ ﺇِﻥْ ﻗَﺘَﻠَﻨِﻰ ﻗَﺎﻝَ » ﻓَﺄَﻧْﺖَ ﺷَﻬِﻴﺪٌ «. ﻗَﺎﻝَ ﺃَﺭَﺃَﻳْﺖَ ﺇِﻥْ ﻗَﺘَﻠْﺘُﻪُ ﻗَﺎﻝَ: ﻫُﻮَ ﻓِﻰ ﺍﻟﻨَّﺎﺭِ
There is someone who comes find Messenger, Lord of ' peace wa sallam, ' Yes the Prophet, what if there are people who want to steal the hartaku. '
"Do not you let hartamu." Answer baliau.
' What if he fight? ' ask that person.
"The opponent back him."
' What if he kill me? ' asked the man.
"You martyrs." Answer him.
' 47 what if I successfully kill him? '
"He's in hell." Answer of the Prophet and his wa sallam, Lord '. (HR. Muslim 377)
May Allah give peace to us and range around us from all evil creatures that bother. Amen ...
Legal Begal Killed In Islamic View
Reviewed by Choirur Rozikin
on
May 20, 2018
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