Penalties in Islam .. 1

* In Islam, penalties are executed with a verdict of a judge entitled by the state with issuing verdicts based on the Islamic Law and ijtihad (juristic reasoning). Penalizing requires the ability, power and mastering the process. This is to make sure that no perpetrator can flee his penalty, retaliate against being penalized, or seek immunity in his clan. This can never be applied but through the power and authority of the ruler.

ـ War declaration and general mobilization are the missions entrusted to rulers at all times and places. These tasks are also assigned to rulers by virtue of logic, reality and the rules of military policy. Rulers are the ones most capable of estimating the power of the country: political, military, economic and morale. They can do so by reason of the databases and information handy to them. This data represents benchmarks for the country ability and its readiness for engaging in war. Similarly, rulers are the best to estimate the enemy's power through their intelligence agencies and means of espionage. Rulers are the most adept ones to delineate the desired international stances towards this war, discriminate the allies from foes and study the international and regional status and its suitability for the declaration of war. They are the most competent to do all this because of the political diplomatic institutions as well as the centers of political and strategic studies they have. Consequently, rulers are the ones most efficient in calculating this war consequences and predicting its results. They have the talent of projecting whether this war would prove beneficial or harmful to their countries and peoples.

ـ Putting non-Muslims' poll-tax into force is one of the tasks assigned to the rulers. Such a task is largely dependent on the endeavor to choose what suits the real world and safeguards the public interest. Imposing poll-taxes is not merely, as thought by some, taking a sum of money from the People of the Book. These general regulations have to do with society stability. They regulate the affairs of some sects that are integral to society: the regulations set their rights and mandates. All this is beyond the abilities of individuals or groups. It is within the authority and power of states and governments.

ـ There are some individual and group endeavors to establish and implement sovereignty regulations; such as executing penalties, declaring general mobilization and imposing non-Muslims' poll-tax. This can lead to a clash between these individuals or groups on the one hand and the governments on the other hand: a clash resultant in many serious consequences. The bliss of security would be shattered for one. Blood shedding and sedition would prevail in a way unbearable for the public or the elite. The wickedness resultant of this infringement on the rulers' tasks would outdo that of not implementing these regulations at all. Many legal interests, more than those safeguarded in this process, would be wasted. Such incidents could be used as a pretext for foreign intervention every now and then. Thus, Muslim countries would crawl under the yoke of the foreign invasion and its atrocities. Muslim peoples would be overburdened with economic, political, and military sanctions to mention but few.

This does not mean that we do not find fault with the absence of an Islamic Law or the inactivation of one of the Islamic verdicts. On the contrary, we always endeavor to implement the Islamic laws with all possible means permitted by Allah Almighty. We seek ways to attain welfare, evade mischief, safeguard interests, fence off wickedness, unify the Muslim nation, sow the seeds of harmony amongst Muslims and maintain the nation's strength. In this endeavor, we are loyal to our religion, loving to our Jurisprudence, giving it the first priority and sacrifice all that is precious for its sake.

Islam: an infallible Revelation; human thought: a limited method

ـ It is true that Islam is an unerring Revelation, but the Islamic thought is a mere limited human thought. So, it is not infallible. The execution of Islamic verdicts is, similarly, the work of man and is well fallible. Thinking is cudgeling the mind to do its mental homework so as to reach right legal verdicts and perspectives fitting reality. Described as such, thinking is a process undertaken by a human brain that considers reality and applies its approach to it. Therefore, thinking is far from being unerring. It is well liable to mistake. Sanctity is never to be attributed to the human mind, it is rather ascribed to the Qur'an, Sunnah, and the strict Islamic verdicts that received the scholars' consensus.

ـ In the same manner, there is a difference between the Islamic Jurisprudence and the Islamic Fiqh. The Islamic Jurisprudence is constituted with the Divine Laws stated by Allah Almighty and His Prophet (PBUH). Such laws regulate people's lives and can be traced back to the Qur'an and Sunnah. Fiqh, on the other hand, is a type of human thought, for it is the fruit of the mujtahids' reasoning of the Islamic Jurisprudence. Through this reasoning, the Mujtahids (who perform juristic reasoning) try to conclude the Islamic laws, interpret the religious texts, deploy reasoning by analogy to issues undetermined by the texts, and seek the Muslims' interests in all the matters of life and politics they study.

ـ From all this, we conclude that the Islamic Jurisprudence laws must be observed and obeyed. As for the Jurists' opinions, they can be accepted or refused. Yet, it is not to be left for man's inclination to accept or reject these opinions. This matter is regulated by a number of definite legal controls known to the specialists in this regard.

We deem it extremely wrong and illustrious to put the Islamic thought on an equal footing with Islam. Islam enjoys an open-mindedness never found among think tanks. The Islamic wisdom is beyond any thinker's comprehension. Thus, Muslims are to follow the guidance and rules of Islam all the way. Man is not to work his reasoning powers to the laws of Islam but to unravel and realize the significance of imposing them.

* foundations and major pillars. 

ـ We have displayed our understanding of Islam and its serious issues. We have also clarified our perspective of several Islamic issues posed at the religious, ideological and political arenas. This understanding of Islam and its issues is based on rich experiences and lengthy thinking. This understanding is the yield of long times.

ـ Our comprehension of Islam stems from daily contact with it and conscious realization of its traits and characteristics. It is a firm belief in the principles, values, and ideals of Islam. This understanding is based on a dogmatic foundation, profound perspective of faith, and a legal vision that fathoms the surrounding facts and is inspired by the spirit and moderation of Islam. Thus, we see Islam with its comprehensive nature and its important issues: the way the nation's eminent scholars, who follow the guidance of the Prophet (PBUH) and the Orthodox Caliphs, saw it.

What is that we want?

Dear beloved brother, neither we nor others can desire but what Allah wills. We cannot but follow the approach of Allah's Messenger (PBUH). The Prophet's main concern and great objective was to let people listen to the words of their Lord and remove all the barriers that stood between them and Allah's religion. That is why, the Prophet frequently said, "Stand not between me and people!" This was:

ـ To show them a lenient and tolerant religion.

ـ To show them a light and a proof evidence.

ـ To show them guidance and separation between the Right and the Wrong.

Thus, we say after the Prophet (PBUH), "Stand not between us and people!" Let us show them the good manners of disagreement, honesty in promises, abidance by agreements, purity of faith, maturity of visions, loftiness of transactions, elevation fo acts of worship and nobility of feelings and morals. We want the people to see the benevolence of Prophet Muhammad (PBUH), the tolerance of Al Siddique, the justice of 'Umar, the generous spending of 'Uthman and the profound knowledge of Mu'adh. We need people to see the knowledge of 'Aisha, the honesty of Ka'b, the patience of Bilal, the forbearance of Ashaj and the valor of  Khalid.

We aspire to realize the civilized project of Islam:

We want the warm rays of the sun of Islam to embrace our countries and reach out for all the lands of Allah Almighty. Thus, all would adopt the civilized project of Islam with all its tributaries and constituents. This project is a promotional and ideological strategy stemming from the pursuance of the loftiness and flourishing of Islam. It is also derived from our desire to give our Muslim and Arab nation back its dignity and regain its natural rank as a pioneer and leader among other nations.

We make every effort to present and realize the civilized project of Islam with all its tributaries: political, economic, social, cultural, literary, artistic, educational, legislative, practical and scientific. We attempt to put it in the limelight of real life seeking no assimilation into or seclusion away from the other. We aspire that the civilized structure of Islam would tower high based on the well-established strong

ـ These major pillars can be enumerated as follows:

ـ Reforming and developing the individual. This is done heeding the balance between the material and spiritual aspects of man, for man is a combination between an inferior handful of clay and a supreme blow of Allah's soul. This is to be accomplished through the implementation of an integral educational approach that covers the three axes of education: the heart, the mind and the body.

Refining the heart and purifying the soul are to elevate man to the gates of heavens, only to be attached to their Creator. It distances the heart and soul from religious and moral degradation that can devastate man's soul, universe and life.

Refining the mind makes the Muslim exemplary in knowledge and hard work. It renders him a guide well-equipped with the constants of science and the bases of knowledge.

ـ Refining the body, the external depository of man with his heart and mind, preserves man's mind and causes the spirit to rest assured.

Establishing good families: A good family is the main constituent of the good balanced society. This is to be done through the marriage system and its legislation. This family is to be kept and preserved through this holy knot that bonds two persons.

ـ Establishing good and balanced Islamic society: this society is to draw upon faith foundations, the rules of justice, virtue, love and morality. This is to make use of the means of protection and mechanisms of defense designed by islam to protect the society from within and without. Islam put many of these mechanisms like enjoining the good, forbidding the bad and fighting for Allah's Cause. Such techniques are put to protect the right and root the good in society. They also aim at protecting the pillars of society from crumbling and defending its bastions against any threats. This is done through the rules of social equality, integration, solidarity and fraternity laid down by Islam.

ـ Creating the good nation: Islam seeks this nation to be the beacon of guidance and center of knowledge for the whole world. This is by virtue of the traits and qualities such a nation would enjoy.

ـ  It is a divine nation in both its Message and propagating it.

 ـ It is a nation of moderation in its approach.

ـ It is one integrated nation, even if it has different classes, various races and multiple languages. This is not surprising, for it is the nation of spotless monotheism.

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