Peace everyone.
But the Prophet left among you the same which other Prophets left among their peoples, because Prophets do not leave them untended (in dark) without a clear path and a standing ensign, namely the Book of your Creator clarifying its permission and prohibitions, its obligations and discretion, its repealing injunctions and the repealed ones, its permissible matters and compulsory ones, its particulars and the general ones, its lessons and illustrations, its long and the short ones, its clear and obscure ones, detailing its abbreviations and clarifying its obscurities.
In it there are some verses whose knowledge is obligatory and others whose ignorance by the people is permissible. It also contains what appears to be obligatory according to the Book but its repeal is signified by the Prophet’s action (sunnah) or that which appears compulsory according to the Prophet’s action but the Book allows not following it.
Or there are those which are obligatory in a given time but not allowed not in it's situation. Its prohibitions also differ. Some are major regarding which there exists the threat of fire (Hell), and others are minor for which there are prospects of forgiveness. There are also those of which a small portion is also acceptable (to Allah) but they are capable of being expanded.
The following is the Arabic:
وَخَلَّفَ فِيكُمْ مَا خَلَّفَتِ الاْنْبيَاءُ في أُمَمِها، إذْ لَم يَتْرُكُوهُمْ هَمَلاً، بِغَيْر طَريق واضِح، ولاَعَلَمٍ قَائِم.
كِتَابَ رَبِّكُمْ [فِيكُمْ:] مُبَيِّناً حَلاَلَهُ وَحَرامَهُ، وَفَرَائِضَهُ وَفَضَائِلَهُ، وَنَاسِخَهُ وَمَنْسُوخَهُ، وَرُخَصَهُ وَعَزَائِمَهُ، وَخَاصَّهُ وَعَامَّهُ، وَعِبَرَهُ وَأَمْثَالَهُ، وَمُرْسَلَهُ وَمَحْدُودَهُ، وَمُحْكَمَهُ وَمُتَشَابِهَهُ، مُفَسِّراً جُمَلَهُ، وَمُبَيِّناً غَوَامِضَهُ.
بَيْنَ مَأْخُوذ مِيثَاقُ عِلْمِهِ، وَمُوَسَّع عَلَى العِبَادِ في جَهْلِهِ، وَبَيْنَ مُثْبَت في الكِتابِ فَرْضُهُ، وَمَعْلُوم في السُّنَّهِ نَسْخُهُ، وَوَاجب في السُّنَّةِ أَخْذُهُ، وَمُرَخَّص في الكِتابِ تَرْكُهُ، وَبَيْنَ وَاجِب بِوَقْتِهِ، وَزَائِل في مُسْتَقْبَلِهِ، وَمُبَايَنٌ بَيْنَ مَحَارِمِهِ، مِنْ كَبير أَوْعَدَ عَلَيْهِ نِيرَانَهُ، أَوْ صَغِير أَرْصَدَ لَهُ غُفْرَانَهُ، وَبَيْنَ مَقْبُول في أَدْنَاهُ، ومُوَسَّع في أَقْصَاهُ.
"It also contains what appears to be obligatory according to the Book but its repeal is signified by the Prophet’s action (sunnah) or that which appears compulsory according to the Prophet’s action but the Book allows not following it."
This is from Nahjul Balagha, Sermon 1.
I will be trying to prove the laws for punishing stealing or fornication, are not what people think. I will propose the following.
"cut of his hand" means to stop him from stealing but "if he repents and reforms"... then to let them go.
I propose as well, given we can synthesis the verses about keeping a person in their house if Zina is found about them to be a reformative measure for a certain amount of days. Those days are considered lashes on to them, so they regret what they did. It's also the case with Zina a portion of believers have to bear witness to their crime and punishment, so as to put a public shame aspect as part of the lashing metaphoric meaning.
I propose the following from Imam Ali (as) which was spoken when he was stroke by a sword of Ibn Muljim:
"...If I die of this stroke of his, kill him with one similar stroke. Do not mutilate him! I have heard the Prophet, peace be upon him, say: "Mutilate not even a rabid dog." (Nahjul Balagha).
Is a case where Quran "appears" to be commanding something but really the Sunnah doesn't allow it. In this case, to me, if you combine the verses it means:
(1) Stop the person either stealing or doing Zina temporarily from the crime (cut of their hand)
(2) If they repent and reform (or appear to do so) after the reformation time then let them go.
(3) House Arrest is an effective way to do this. (keep them in their houses till...)
(4) Public shaming a long with that, is an effective way to do this. (let a portion of believers witness their punishment/torment)
(5) These days they should scolded not literally like as in cutting their backs or hands so as for them to die from infection (highly likely in those times) or be mutilated, but rather, scold has a metaphoric meaning, that this is a reformation process where they should be taught far reaching words that condemn their behaviour.
As for (5), I can bring examples, one of Imams (as) is reported to have said "I like to scold the head of my followers till they all become Fuqaha (people who deeply understand religion)".
There is also a hadith, from Imam Ali (as) about if children should be beaten if they disobey parents and do bad things. And his reply was no, for it's only animals who words cannot be reformed by understanding and need to be literally beaten.
Edge case: What would it mean then to not let compassion keep you from punishing them (in case of Zina). Reply: It can be psychological torment, you might want to let them go, not see them publically shamed, or not under house arrest for 80 days where they are scolded for what they've done.
I'm serious in this regard, because, public shaming is hard enough for a person to take. Believe me, I've seen in my life time, some person's crime come out in the open and people know about it, and no hudood punishment or anything but the person nearly psychologically broke down.
But the Prophet left among you the same which other Prophets left among their peoples, because Prophets do not leave them untended (in dark) without a clear path and a standing ensign, namely the Book of your Creator clarifying its permission and prohibitions, its obligations and discretion, its repealing injunctions and the repealed ones, its permissible matters and compulsory ones, its particulars and the general ones, its lessons and illustrations, its long and the short ones, its clear and obscure ones, detailing its abbreviations and clarifying its obscurities.
In it there are some verses whose knowledge is obligatory and others whose ignorance by the people is permissible. It also contains what appears to be obligatory according to the Book but its repeal is signified by the Prophet’s action (sunnah) or that which appears compulsory according to the Prophet’s action but the Book allows not following it.
Or there are those which are obligatory in a given time but not allowed not in it's situation. Its prohibitions also differ. Some are major regarding which there exists the threat of fire (Hell), and others are minor for which there are prospects of forgiveness. There are also those of which a small portion is also acceptable (to Allah) but they are capable of being expanded.
The following is the Arabic:
وَخَلَّفَ فِيكُمْ مَا خَلَّفَتِ الاْنْبيَاءُ في أُمَمِها، إذْ لَم يَتْرُكُوهُمْ هَمَلاً، بِغَيْر طَريق واضِح، ولاَعَلَمٍ قَائِم.
كِتَابَ رَبِّكُمْ [فِيكُمْ:] مُبَيِّناً حَلاَلَهُ وَحَرامَهُ، وَفَرَائِضَهُ وَفَضَائِلَهُ، وَنَاسِخَهُ وَمَنْسُوخَهُ، وَرُخَصَهُ وَعَزَائِمَهُ، وَخَاصَّهُ وَعَامَّهُ، وَعِبَرَهُ وَأَمْثَالَهُ، وَمُرْسَلَهُ وَمَحْدُودَهُ، وَمُحْكَمَهُ وَمُتَشَابِهَهُ، مُفَسِّراً جُمَلَهُ، وَمُبَيِّناً غَوَامِضَهُ.
بَيْنَ مَأْخُوذ مِيثَاقُ عِلْمِهِ، وَمُوَسَّع عَلَى العِبَادِ في جَهْلِهِ، وَبَيْنَ مُثْبَت في الكِتابِ فَرْضُهُ، وَمَعْلُوم في السُّنَّهِ نَسْخُهُ، وَوَاجب في السُّنَّةِ أَخْذُهُ، وَمُرَخَّص في الكِتابِ تَرْكُهُ، وَبَيْنَ وَاجِب بِوَقْتِهِ، وَزَائِل في مُسْتَقْبَلِهِ، وَمُبَايَنٌ بَيْنَ مَحَارِمِهِ، مِنْ كَبير أَوْعَدَ عَلَيْهِ نِيرَانَهُ، أَوْ صَغِير أَرْصَدَ لَهُ غُفْرَانَهُ، وَبَيْنَ مَقْبُول في أَدْنَاهُ، ومُوَسَّع في أَقْصَاهُ.
"It also contains what appears to be obligatory according to the Book but its repeal is signified by the Prophet’s action (sunnah) or that which appears compulsory according to the Prophet’s action but the Book allows not following it."
This is from Nahjul Balagha, Sermon 1.
I will be trying to prove the laws for punishing stealing or fornication, are not what people think. I will propose the following.
"cut of his hand" means to stop him from stealing but "if he repents and reforms"... then to let them go.
I propose as well, given we can synthesis the verses about keeping a person in their house if Zina is found about them to be a reformative measure for a certain amount of days. Those days are considered lashes on to them, so they regret what they did. It's also the case with Zina a portion of believers have to bear witness to their crime and punishment, so as to put a public shame aspect as part of the lashing metaphoric meaning.
I propose the following from Imam Ali (as) which was spoken when he was stroke by a sword of Ibn Muljim:
"...If I die of this stroke of his, kill him with one similar stroke. Do not mutilate him! I have heard the Prophet, peace be upon him, say: "Mutilate not even a rabid dog." (Nahjul Balagha).
Is a case where Quran "appears" to be commanding something but really the Sunnah doesn't allow it. In this case, to me, if you combine the verses it means:
(1) Stop the person either stealing or doing Zina temporarily from the crime (cut of their hand)
(2) If they repent and reform (or appear to do so) after the reformation time then let them go.
(3) House Arrest is an effective way to do this. (keep them in their houses till...)
(4) Public shaming a long with that, is an effective way to do this. (let a portion of believers witness their punishment/torment)
(5) These days they should scolded not literally like as in cutting their backs or hands so as for them to die from infection (highly likely in those times) or be mutilated, but rather, scold has a metaphoric meaning, that this is a reformation process where they should be taught far reaching words that condemn their behaviour.
As for (5), I can bring examples, one of Imams (as) is reported to have said "I like to scold the head of my followers till they all become Fuqaha (people who deeply understand religion)".
There is also a hadith, from Imam Ali (as) about if children should be beaten if they disobey parents and do bad things. And his reply was no, for it's only animals who words cannot be reformed by understanding and need to be literally beaten.
Edge case: What would it mean then to not let compassion keep you from punishing them (in case of Zina). Reply: It can be psychological torment, you might want to let them go, not see them publically shamed, or not under house arrest for 80 days where they are scolded for what they've done.
I'm serious in this regard, because, public shaming is hard enough for a person to take. Believe me, I've seen in my life time, some person's crime come out in the open and people know about it, and no hudood punishment or anything but the person nearly psychologically broke down.
