Sunday, 21 October 2012

How to Enforce Islamic Law and Justice


"O ye who believe so people are always uphold the righteousness of God, bearing witness with justice. And do not ever something of the hatred towards, encouraging you to do injustice. Be fair, as fair it is closer to piety. And fear Allah, surely Allah is Aware of what you do. "[Al Maa-idah: 8]
Allah commanded the believers to always uphold truth and justice.

A woman at the time of the Holy Prophet of Mecca after Fathu stealing. Then the Prophet ordered that her hands cut off. Usamah bin Zaid to the Messenger to request leniency for the woman. Hearing the narrative of Osama, the Prophet's face changed. He then said: "Are you going to ask for help to break the laws of God Almighty Wajalla?" Osama then said, "Ask the forgiveness of God for me, O Messenger of Allah." In the afternoon of the Prophet preached after the first praise and thank God. This is his saying: "Amma ba'du. The people before you were destroyed because when a noble steals allowed (not convicted), but if that stole a poor man he dealt with punishment. For the sake of my soul in his hand. If the child Fatimah Muhammad stole so I would cut off her hand. "Having said so he went back to tell the woman who stole the hand cut it. (Narrated by Bukhari)
Such words of the Prophet Muhammad. The law must be upheld no matter the person is rich or poor. The law does not care if he had to run a stranger or a child of our own.

Money should not cause a person to escape punishment. Not worth if for money or other things ended up wrong so true and correct to blame. If not, then the nation will be damaged.
Often an official or law enforcement can not be fair if he gets convicted or bribes were his own family. Though it is a sin.
Never a Jew in Egypt who refused evicted her for the expansion of the mosque by the Governor of Egypt, 'Amr ibn' Ash. Though he can redress they deserve. Finally, the Jews went to Medina to meet the Caliph Umar bin Khattab ra.
After describing the problem, Umar took a camel bone and then carve a straight line from top to bottom and then from left to right so that the shape of a cross. By Umar, the bone was handed over to the Jews.
"Take this and give the bones to the Governor of Egypt, 'Amr ibn' Ash. Say this of 'Umar ibn al-Khattab ", so said Umar.
The Jews were even felt strange, but give it to the bone 'Amr ibn' Ash. Advance 'Amr ibn' Ash soon pale when he saw the bones underlined by the sword. He immediately restore Jewish home without a second thought.

The Jews were asking why 'Amr when he saw the bones were so frightened and immediately return home?
'Amr ibn' Ash said, "This is a warning of 'Umar ibn al-Khattab so I always apply straight (fair) as vertical lines on these bones. If I do not act straight, then Umar would cut my throat as horizontal lines in this bone.
That's the attitude of a Head of State. He must be willing to hear complaints that people evicted arbitrarily by men. He must have a sense of justice and concern for the people.
A leader must be courageous action against subordinates who acted arbitrarily and defend people who have been wronged. Should not let people terlunta are displaced and suffering from injustice or inability of his men.
Being a law enforcement or a judge is very heavy. Of the 3 groups, 2 groups go to hell, and only one class only goes to heaven.
Judges consisted of three groups. Two groups of judges judge a party to go to hell and go to heaven again. Who go to heaven is that knowing the truth of law and prosecute the law. If a judge knows the Truth but do not judge the law, even unjust act in deciding the case, then he's going to hell. Which class of another stupid judges, who do not know the Truth and decide the case based on ignorance, then he go to hell. (Narrated by Abu Dawood and Ath-Thahawi)
Righteous judge, go to heaven. Instead judges zhalim hell.
The tongue of a judge between two coals of fire so that he to heaven or hell. (Narrated by Abu Na'im and Ad-Dailami)
A judge can not have feelings or emotions affect her decision.
Do not be a judge adjudicate between two people in a state of anger. (Narrated by Muslim)
A judge must hear the entire testimony of all parties to the dispute. Not to be biased.
If two disputing facing you, do not speak until you hear the entire testimony of the two as you listen to the testimony of the first. (Narrated by Ahmad)
False witnesses or lying is a great sin. Even the Prophet to equate it with the sin of shirk. Therefore, it makes a person a false witness either by lure or by intimidation / torture is a great sin.
One of the greatest sins is false testimony. (Narrated by Bukhari)
Rasulullah SAW said: "perjury aligned with bersyirik to God." He repeated his saying it was up to three times. (Mashabih Assunnah)
Prophet judge vows and witnesses. (Narrated by Muslim)
Sometimes there are people who want menzalimi someone wearing a smart black lawyer talk and clever "set" of cases. Though nerakalah reward for them.
In fact I hear and decide the case between you and the evidence and oaths. Most of the reasons you are more clever than others. Whoever I decide to obtain property dispute which turned out to belong to someone else (his brother), I decided her real piece of fire. (Narrated Aththusi)
If we know the important events related to the case law, we ought to testify in front of a judge.
Would I tell the good witness? That came to testify before testify. (Narrated by Muslim)
In Islam, a heinous crime such as murder and rape punishment is death.
Not kosher blood (put to death) a Muslim except for one of three reasons. First, the widower or widow who commit adultery (also a spouse). Second, retaliatory punishment for taking the life of others (qishas), and third, that apostates from Islam and left the congregation. (Narrated by Bukhari)
Anas Ibn Malik, may Allah be pleased that there was a girl found a cracked head between two large rocks, and they asked him, 'Who did this to you? So and so? or Si Fulan? Until they mention the name of a Jew, the girl nodded. Then ditangkaplah Jews and he confessed. So the Prophet ordered to crack his head in between two big rocks. Muttafaq Alaihi and wording according to Muslim.
From Abdullah Ibn Mas'ood that the Prophet SAW said: "The first issue to be decided among men on the Day of Judgment is the problem of blood. 'Alaihi muttafaq.
From Ibn 'Umar that the Prophet said: "Verily the most disobedient to Allah are three: The person who kills in the land unclean, people kill people who do not kill, and the people who kill for revenge jahiliyyah." Hadith Sahih Ibn Hibban history .
Theft with a value below ¼ dinar (less than 1 gram of gold) or are now under $ 375 thousand is not subject to penalty.
A'ishah narratives., He said:
Prophet. cut off the hands of thieves stealing a quarter of a dinar and upwards. (Saheeh Muslim, No.3189)
A'ishah narratives., He said:
At the time of the Prophet. do not cut off the hand of a thief on (theft) which is less than the price of a leather or metal shield (a quarter of a dinar) are both valuable. (Saheeh Muslim, No.3193)
But even if not convicted, stolen goods should be returned.
Therefore the case of 55-year-old grandmother accused of stealing three cocoa beans valued at Rp 2100 is not deserved by the police to be forwarded to the court. Moreover, the stolen items have been returned. Similarly, the theft of a watermelon where two thieves were tortured and jailed by the police for 2 months and is punishable by imprisonment for 5 years.
Even Caliph Umar had freed a poor man who took the fruit that fell on the road. Instead Umar punish rich people reporting it as he was not berperi-humanity by allowing poor neighbors starve.
That's what we should do. The law is for humanity and justice. Not just punish without any sense of humanity at all.

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