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7) The penalty for causing fear and terror (muharib):
if someone causes fear among the people in a town or in
the open country or at sea and/or intimidates them for
the purposes of seizing what belongs to them, the qadi is
empowered to have him or her executed, crucified, to have
his right hand and left foot cut off, or to have him
banished from the country.
God, the Most High, has said, "The recompense of
those who war against God and His Messenger, and strive
in the land spreading corruption, is only that they be
slain or crucified or their hands and their feet should
be cut off, from the opposite sides, or be banished from
the land." (5:33)
In case of banishment, the people of the place to
which the culprit has been deported must be informed in
writing, so that they may refuse him entry to their
meetings, to their meals, etc., till he repents.
The thief who attacks a house is also a
"muharib". If he is killed, his blood will be
considered shed with impurity.
If someone attacks the modesty of a woman or her
child, these latter have the right of self-defence. If
the assailant is killed in the struggle,(his blood too
will have been shed with impunity. Thugs, ruffians and
false witnesses (excluding those in 4 above) are liable
to reduced punishment. The judge can give them any
appropriate punishment.
8) Sundry penalties: anyone who perpetrates an
indecent act with a quadruped shall be given a less
severe punishment. If he persists in his activities, he
may be executed. The meat of the animal (if it is a
lawful animal) will become forbid den, and it must be
slaughtered and its body burnt. In case it belongs to
someone other than the perpetrator of the act, he must be
awarded the cost of the cost of the animal. If the animal
is of doubtful ownership, it should be decided by lots.
If the animal is in any case unlawful, it must be sold in
another city, and the price obtained given in charity. If
the animal belongs to another, he must be suitably
recompensed for his loss. The evidence of two just
persons or a double confession is sufficient to prove
guilt.
A person who has sexual intercourse with a dead body
shall be dealt with as if it were alive; rather, the
punishment will be even more severe. In the case of it
being the body of his wife or slave girl, the punishment
will be milder. The proof for this is the same as is
required for adultery.
A person who indulges in masturbation also deserves a
mild punishment.
As far as is possible, every person has the right to
defend his own person as well as his property and the
persons of his family. But he should start by adopting
less severe measures, and he should only increase his
precautions if necessary.
If someone looks without permission into someone
else's house and the dwellers pelt him with stones
causing his death, do penalty may be extracted from them,
and his blood is considered shed with impunity.
Murder is the greatest sin and the greatest social
crime. "And whose slays a believer willfully, his
recompense is Hell, therein dwelling forever, and God
will be wroth with him and will curse him, and prepare
for him a mighty chastisement." (4:93) Crimes
against the person, whether it causes death, loss of a
part of the body, or not, can be divided into three
kinds:
1) premeditated or willful, 2) similar to (1), 3) by accident.
First, (1), premeditated or willful, needs no
explanation. (2) means that the attacker took the
initiative, but did not intend to kill. For example,
someone beats someone else as a warning, but this results
in death, or a person is given some medicine to cure him,
but it ends his life. (3) accidental means that there is
neither any intention nor any initiative, yet someone is
killed; for instance, somebody is aiming at a bird and,
by mistake, a human being becomes the victim, or a man is
lifting his gun and it accidentally goes off and kills
somebody.
More clear examples are the actions of a man who is
sleep walking, of an unconscious person, of a mad man or
of an innocent child.
It must be clearly observed that as far as the crime
and its punishment is concerned, there is no difference
between the actual committer of the crime and the person
who devised and ordered it to be done; nor does it make
any difference if the crime is committed by one or many.
Retaliation (qisas) applies only in the case of
willful or premeditated murder or injury. In (2) and (3)
there are only compensation (diyah). There can be no
retaliation from the child or the lunatic, nor can there
be any retaliation if the murdered person is a child or a
lunatic. An adult who kills a child is subject only to
the deliverance of compensation. However, some jurists
are of the opinion that there is retaliation here, and
also for the killing of a lunatic.
Another condition for retaliation is that the culprit
was not compelled or under constraint, although this does
not apply in the case of death, for in a matter of
murder, there is no "taqiyah" (dissimulation).
It is also necessary that the person murdered by
"without sin", i.e. not someone whose death is
permitted by the shari'ah. There is no retaliating
against the father, the grandfather or the
great-grandfather, if they murder their son, grandson or
great-grandson, only compensation. A Muslim is subject to
retaliation only in the case of the murder of another
Muslim. Likewise, retaliation shall be taken against the
freedman only for the murder of a freedman.
The blood money or compensation for a free Muslim is:
a hundred camels, or two hundred cows, or a thousand
sheep, or two hundred items of clothing, each consisting
of two parts, or a thousand dinars. If the heirs of the
murdered person agree to take the compensation,
retaliation is voided, and the murderer must pay the
compensation within one year. In (2), the period for
payment is two years. In (3), the period is three years,
with a third being payable each year.
In cases of parts of the body, retaliation can be
extracted if the action was deliberate. The retaliation
is like for-like, i.e. an eye for an eye, an ear for an
ear, and a tooth for a tooth.
If the crime is of kinds (2) or (3), there are special
compensations: some equivalent to the whole compensation
for a man (i.e. 1000 dinars), some a half, and some less
than a half. In general, organs and parts of the body
which occur singly, such as the nose or the penis, demand
the whole compensation, those which occur in twos demand
half the compensation (i.e. two hands demand the whole
compensation). In (1) and (2) the compensation must be
paid by the culprit himself, but in (3) it may be paid by
his 'aqilah (certain near relatives on the father's
side).
If the reader is interested, he or she may consult the
extensive books which deal with this topic for further
details. However, since it was our intention to deal
with, matters only briefly, we have left out a great many
things.Our purpose was to give a few examples, so that our aim
might be made clear with only a few references.
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