The Supreme Court of India on 26 September unanimously struck down Section 497 of the Indian Penal Code that made adultery a criminal offense punishable by up to five years in prison. The colonial era law punishes a man for an extra-marital affair but not the woman, treating her as her husband’s property. The Chief […]
On Tuesday, 28 August 2018, the Deputy Chief Justice of Kenya, Philomena Mwilu, was arrested in Nairobi over graft allegations. The DCJ was later taken to the Directorate of Criminal Investigations for questioning over matters of abuse of office, bribes and tax evasion. And on Wednesday, 29 August 2018, she was arraigned in Milimani Court […]
After the disappearance of the eight-year-old girl, Ayloul Yagly Qara, and was found dead eight days later, the body of the three-and-a-half-year-old girl, Layla Aidamir, who was lost on the first day of Eid al-Fitr was found 18 days later. Following these incidents, the subject of the death penalty as a deterrent was returned to […]
The never ending issue of apostasy in Malaysia continues with the pledging of the Sarawak State Chief Minister, Datuk Patinggi Abang Johari Openg, that the state government will amend the Sarawak Shariah Court Ordinance 2001 as a solution for Muslim converts to leave Islam. He was reported to have said that it is not fair […]
The Supreme Court on Friday, 16th February 2018, issued contempt notice to former Malir, Karachi SSP Rao Anwar as he failed to appear before the apex court despite being granted protective bail in Naqeebullah Mehsud killing case. During the last hearing of a suo motu notice of police shooting that killed the man from Waziristan in Karachi last month, […]
Tanzania and international media outlets reported on Tanzania Judiciary annual commemoration of ‘Law’s Week’ with the theme of further utilizing of Information and Communication Technology (ICT) to enhance efficiency and rapid judiciary process in clearing cases backlogs and general improvement.
While others demanded public hanging of the savage who killed Zainab brutally in Kasur, Pakistan, some Senators strongly opposed the execution of the culprit publicly, saying that such a practice, if adopted, would not stop these crimes. They suggested that there should be no changes to the law. They said that the government should provide protection […]
The U.N. War Crimes Court that prosecuted atrocities committed during the breakup of Yugoslavia in the 1990s, and put former Serbian President Slobodan Milosevic on trial, closed its doors on Thursday after two decades. (Reuters)
Question: Assalam Alaikum. Should one wait for Khilafah to be re-established to ask for a death penalty? Assume that someone is living in a secular country, and he conducted a crime that is punishable by death under Shariah. If he wishes to be punished, is it correct, according to Shariah, if he asks for it […]
Question: Today we see the application of the legal punishments (Hudood) on the Muslims by the ISIS. Will a person who is a legal punishment (Hadd) has been applied on him by the ISIS or by some states that might apply some Hudood, be acquitted of his sin before Allah on the Day of Resurrection […]
For Justice, Abolish the Man-Made System and Establish the Khilafah (Caliphate) on the Method of Prophethood On 9th January 2017, a high-level meeting regarding military courts took place, chaired by Prime Minister of Pakistan, in which the civilian and military leadership participated. It was decided in this meeting that the federal government will start a […]
Question: Assalamu Alaikum our honorable Sheikh, What is the ruling on beating a detainee in order to make him confess a matter that is doubted that he is the perpetrator without the existence of a tangible evidence but only based on doubts, knowing that beating ultimately results in him being the perpetrator? The second part […]
Some of the Khartoum newspapers published news on Sunday the 11th of Jumada Al-Akhirah 1437 AH, corresponding to the 20th of March 2016 CE which mentioned within it: “The Chief Justice Professor Haidar Ahmad Ahmad Daf’ullah issued a criminal law decree to amend the amount of the value of the full blood money that was […]
Question: Assalaamu Alaikum Wa Rahmatullah Wa Barakaatuhu our respected Sheikh, may Allah increase your knowledge and virtue, I would like to ask and am confident in your virtue to be able to respond, We have learnt that ‘Umar Ibn Al-Khattaab (ra) did not cut the hand of the thief in the year of the famine. […]
Question: As-Salaam Alaikum, I have a question: in the book, The Punishment System in Islam, it states that the killing is of four types, the fourth type what takes the course of wrongful killing, and it is known as the murder without the will of the perpetrator. If it is carried out without his will […]
Pakistan has erupted in protest at the regime’s 29 February hanging of Mumtaz Qadri, an Elite Force commando convicted of killing former Punjab governor Salman Taseer. In a 40-page statement submitted to the court before his execution, Qadri had stated that Taseer’s statements in support of Asia Bibi, a Christian woman charged with blasphemy, and […]
Question: As-Salaam Alaikum Wa Rahmatullah Wa Barakaatuhu Best Wishes and Eid Mubarak to you our respected Amir, may Allah protect you… My question is: What is the ruling on using public surveillance cameras and in stores? Is it permissible to criminalize the person by using the captured camera images as evidence if the person […]
Question: Assalamu alaikum, bless you our Sheikh and Ameer and may we blessed with you, the Answer had the following sentence: “As it has legalized discretionary penalty and showed the details of its rulings and its types”, so what are these details of its rulings and types? From Naser Rida Mohammad Othman
Assalamu alaikum Wa Rahmatullah Wa Barakatuhu
My dear Brother, may Allah protect you,
This subject of women becoming judges is discussed by many members, i.e. to be appointed in the post of a judge. This matter must be reviewed, from the actions of the Prophet صلى الله عليه وسلم and the companions after him and the adherence of the Ummah to these actions throughout its long history, we see that this matter was not known. Since the establishment of the first Islamic state until the demise of the Othmani Khilafah, never was a woman appointed as a judge. What should be taken into consideration when extracting the rule on women becoming judges are the reality of the judiciary, and its precedence, and the reality of the public life and women’s presence in it; if she is not permitted to leave her house without her husband’s permission, and is not allowed to be in seclusion with the disputing parties, then the priority is that she does not become the judge between them…
From Hani Uqda
On May 31st, The Malay Mail online and many other newspapers reported the abduction in Malaysia of a 2-year-old toddler Siti Soffea Emelda. Soffea was abducted by a man and hours later found dead with her head severed on the bank of Klang River. CCTV from Kota Raya Complex in Pudu shows the possible suspect and toddler about three hours after she went missing from her mother’s care, Siti Salmi. Siti Salmy, 32, who police say is homeless and unemployed, had gone to the shopping complex on Thursday to hang out with her friends. At about 8 pm, she went to a toilet and left Siti Soffea with four of her friends. When she returned five minutes later, Siti Soffea was no longer with them. The suspect had a record for several offences, including drug-related offences. He was released from Kajang prison just a few months ago.
The Enemy in a State of Alertness… Defeated Rulers… An Eager Ummah… A Sincere Hizb and the Consequence for the God-Fearing
Against the backdrop of the judicial decision of execution and a hundred lashes released against a woman who apostatized from Islam and fell pregnant illegitimately, the Kaffir West, its institutions and instruments rose up to prevent the implementation of the judgment.
Marie Harff, assistant of the spokeswoman for the U.S. State Department said: “We are very concerned about the death sentence by hanging issued against Mariam for apostasy and the lashing for adultery.” (Elaph website, 16/05/2014)
May 5, 2014 (KHARTOUM) – A Sudanese court has sentenced a heavily pregnant Christian woman to death by hanging and 100 lashes after convicting her on charges of apostasy and adultery. Amnesty International has described the sentence as “truly abhorrent”. (Sudan Tribune, May 15, 2014) Meriam Yehya Ibrahim is eight months pregnant and currently in detention with her 20-month-old son. Her death sentence was handed down after she refused to recant her religion. “The fact that a woman has been sentenced to death for her religious choice, and to flogging for being married to a man of an allegedly different religion is appalling and abhorrent. Adultery and apostasy are acts which should not be considered crimes at all. It is flagrant breach of international human rights law,” said Manar Idriss, Amnesty International’s Sudan researcher. (Amnesty International, May 15, 2014)
In a new precedent, never to occur before in Egypt or anywhere else in the world, the Minya Criminal Court issued a decision to refer the papers of 529 defendants to the Grand Mufti, in preparation for sentencing them to death, in the case of the attack on Matay police station in Minya. If executed, this would be the largest case of mass execution in the world. In the Nuremberg trials, which are the most famous of the modern history, in which twenty-four of the Nazi leadership war criminals who have caused in the murder of millions, were tried, death sentences were only issued on 12 of the accused, while some were acquitted and others were sentenced to prison.
It is known that in Islam if a person disobeys Allah and the Khaleefah applies upon him a legal punishment (Hadd, Qisas or Ta’azir), the sin will be lifted from him on the Day of Resurrection. The question here is:
Today, as we succumb to the secular oppressive rule and living in Dar al-Kufr (the land of disbelief), if a person sins and is punished by a punishment issued by the man-made law. Such as if he kills he is killed or if he steals he is imprisoned, knowing that the punishment of theft, is the cutting of the hand. If this is the case would this punishment expiate the burden of this sin on the Day of Resurrection?? May Allah reward you and us and all Muslims with goodness) ended.
From Sameh Raihan Abu Maisara
Assalamu Alaikum wa Rahmatullahi wa Barakatuhu
Is it permissible (from a shar’i perspective) to carry out a punishment from the punishments of Allah on earth by Jihadist groups or members in “the absence of the Islamic State”? May Allah bless you and aid you.
From Noor Abulfilat
Policy for a Judiciary that will Secure Sure and Swift Justice, without Discrimination
Hizb ut-Tahrir / Wilayah Pakistan has issued a Publicized Policy Position (PPP) regarding ensuring a judiciary that is free from corruption and discrimination, secures the rights of the people, and is strong to hold the rulers to account.
The most profound and detailed jurisprudence in human history is that of Islam. From the time of RasulAllah (saw), Islam is characterized by its swift and fair justice. However, settling the disputes, accounting the rulers and securing the rights of the people is now in an appalling state in the Muslim World since the abolition of the Shariah which was implemented through the Khilafah.
The year 2011 ended with an irreversibly changed Middle East where the hegemony of several dictators collapsed at the hands of their oppressed populations. The Syrian and Yemeni peoples’ immense sacrifice and desire for change continue into 2012. There is little doubt that the world will further witness the collapse of other dictatorial regimes in the region.
Earlier this month, UAE’s Sheikh Issa bin Zayed al-Nahayan was cleared of all charges involving the torture and abuse of a Muslim grain merchant despite there being video footage of the act. The case is only one example of how the judicial system in the world today is biased and corrupt. Under Islam, judges have a heavy responsibility before Allah سبحانه وتعالى. Only the re-establishment of the Khilafah Rashidah will bring humanity true and complete justice.
The contracts and transactions that were concluded, together with the courts’ verdicts that were confirmed and executed before the establishment of the Khilafah are considered valid between their parties till the end of their execution before the Khilafah. Judiciary in the Khilafah would not repeal them and nor start them again. No new lawsuits would be accepted regarding them after the establishment of the Khilafah.
Two cases would be excluded of that:
1. If the case that was confirmed and its execution was finished still have a continuous effect that contradicts Islam.
2. If the case relates to somebody that hurt Islam and Muslims.
The Khilafah’s judiciary is responsible for issuing judgments that are enforced by the state. Its responsibility covers three main areas:
1. Settling disputes between people
2. Preventing whatever may harm the rights of the community
3. Settling the disputes between people and any person who is part of the government, whether the Khaleefah, his cabinet, civil servants or any other person.1