Regarding Legislations...
Question
I came across the following question and answer regarding Jum`ah prayers, trough a web site. Question: What is the punishment of not going to salat al jummah . Can you please back up the answer with a Hadith ? Answer: Praise be to Allaah. If a person for whom Jumu'ah is obligatory does not attend and does not have a valid excuse, this is a major sin. Whoever does not attend three Jumu'ahs (in a row) out of negligence has a seal placed over his heart and is regarded as one of the ghaafileen (negligent, heedless). Muslim narrated in his Saheeh from Abu Hurayrah and Ibn 'Umar (may Allaah be pleased with them both), that they heard the Prophet (peace and blessings of Allaah be upon them) say from his minbar : "People should definitely stop neglecting Jumu'ah , or else Allaah will most certainly seal their hearts and they will most certainly be among the ghaafileen ." According to another hadeeth : "Whoever neglects three jumu'ahs (in a row) out of negligence will have a seal placed upon his heart." This is a spiritual punishment, which is more severe that a physical punishment such as imprisonment or flogging. The Muslim ruler should punish those who fail to attend Jumu'ah prayers with no excuse, as a deterrent. Let each Muslim fear Allaah and not miss performing one of the obligatory duties enjoined by Him, lest he expose himself to the punishment of Allaah; let him adhere to that which Allaah has made obligatory so that he may earn the reward of Allaah. And Allaah bestows His Bounty upon whomsoever He wills. Written by Shaykh 'Abd al-Rahmaan al-Barraak . (www.islam-qa.com) My question is this:- Do you think laws regarding punishment of individuals can be derived from hadiths which are believed to be saheeh , or such laws only be made if there is an example of the prophet (PBUH) carrying out such an action. If not what do you think of the beating which allegedly is given to people who miss regular prayers, in Afghanistan. Finally should the state have such authority even though the people do not agree with such a practice? Kind Regards Mohammed Amjid Khan United Kingdom
Answer
I really could not understand your question. If you look closely at the answer given by the referred scholar, he has not derived any physical punishment from the referred narratives ascribed to the Prophet (pbuh). Furthermore, the scholar has given his opinion that the Muslim ruler 'should' administer a punishment on those, who consistently and without any excuse keep themselves absent from the Jum`ah congregation. The scholar has not implied that his opinion is derived from the referred narrative ( Hadith ). You write: ... or such laws only be made if there is an example of the prophet (PBUH) carrying out such an action. The Islamic state can make laws and pass legislations, keeping in view the general benefit of its citizens. The jurisdiction of the Islamic state in the case of passing laws is not restricted to the actions and teachings of the Prophet (pbuh). The only exception in this regard is where passing a certain legislation is against the express directives - whether direct or indirect - of the Shari`ah or is against the basic rights of the individuals living in the society. You write: ... what do you think of the beating which allegedly is given to people who miss regular prayers, in Afghanistan? I would not like to comment on this topic, as I do not have first-hand knowledge of the prevalent environment in Afghanistan. Some of my friends, who have visited the country, strongly refute the general propaganda against the Afghan government. You ask: Finally should the state have such authority even though the people do not agree with such a practice? Legislations in a state should be implemented in accordance with the Qur'anic principle of "their affairs are based upon their mutual consultation". This obviously implies that only those legislations should be implemented in an Islamic state, which enjoy the support of the majority of the Muslim citizens [1] . Nevertheless, it should be kept in mind that according to the Qur'an, an Islamic state can enforce the establishment of Sala'h and the payment of Zaka'h upon its Muslim citizens [2] . I hope this helps. Regards, Moiz Amjad September 1, 2001 [1] The majority of the Muslim citizens may be determined directly through ballot or indirectly through the voting of the elected representatives of the Muslim citizens. [2] For details, please refer to one of my earlier responses to a question titled: " The Scope of Enjoining Good and Forbidding Evil" for the Muslim State ". Answer published by Moiz Amjad
Ask a follow-up
A follow-up appears here only after an editor approves it.