2. Muharabah and Spreading Disorder
"The punishments of those who wage war against Allah and His Prophet and strive to spread disorder in the land are to execute them in an exemplary way or to crucify them or to amputate their hands and feet from opposite sides or to banish them from the land. Such is their disgrace in this world, and in the Hereafter theirs will be an awful doom save those who repent before you overpower them; you should know that Allah is Oft-Forgiving, Ever Merciful." (5:33-4)
From the style of these verses the meaning implied by Muharabah (waging war against Allah and His Prophet (sws)) and spreading disorder in the land is when an individual or a group of individuals take the law into their own hands and openly challenge the system of justice which in accordance with the Shari‘ah is established in a piece of land. Consequently, under an Islamic government, all those criminals who commit rape, take to prostitution, become notorious for their ill-ways and vulgarity, become a threat to honorable people because of their immoral and dissolute practices, sexually disgrace women because of their wealth and social status, or rise against the government in rebellion, or create a law and order situation for the government by causing destruction, by becoming a source of terror and intimidation for people, by committing mass murder, plunder, decoity or robbery, by indulging in hijacking and terrorism and by committing other similar crimes are criminals of Muharabah, and spreading such disorder in the society should be severely dealt with.
The following four punishments are specifically prescribed for criminals mentioned in these verses:
- Taqtil
- Taslib (Crucifixion)
- Amputating limbs from opposite sides
- Nafi (Exile)
The word Taqtil implies that not only should the criminals of this category be executed but the execution should be carried out in a manner that serves as a severe warning to others. The reason is that here the word Taqtil has been used instead of Qatl. In Arabic, Taqtil means to execute someone in such a way that there is severity in the process of killing him. Except for burning a criminal in fire and adopting other means of punishment prohibited by the Shari‘ah, an Islamic government, keeping in view this aspect, can adopt various other ways as well. In the opinion of this writer, the punishment of Rajm (stoning to death) is one form of Taqtil. The Prophet (sws) in his own times, in accordance with this directive, administered this punishment to certain criminals guilty of adultery.
Taslib (Crucifixion), like Taqtil, implies that criminals should be crucified in an exemplary manner. The cross on which crucifixion takes place is an erected structure upon which a criminal is nailed through his hands and feet and abandoned till death. This form of punishment, no doubt, is exemplary but the word Taslib demands that other means which make it still more exemplary may also be adopted.
Amputating limbs from opposite sides - it is evident that this form of punishment also serves as a severe warning to others. The purpose of this punishment is that if the criminal is allowed to live, then he should serve as a reminder and an example before the society and also remain incapacitated to commit future evil.
Nafi (Exile) punishment of exile is the least intense punishment in this category. The first two punishments end a criminal’s life. The third punishment though does not end his life, makes him an example in the society; however, this fourth punishment without harming his body in anyway, only deprives him of his house and country. The words of the Qur’an require that in general circumstances this punishment should be carried out in its true form. However, if in some cases, this is not possible, the directive shall stand fulfilled if the criminal is confined in a particular area or kept under house arrest.
Since each of the punishments mentioned in the verse is separated from the other by the Arabic particle aw (english : or), it is evident that the Qur’an has given an Islamic government the flexible authority to administer any of these punishments keeping in view the nature and extent of the crime, the circumstances in which it has been committed and the consequences which it produces or can produce in a society. The relatively lighter punishment of Nafi is placed with the two very severe punishments of Taqtil and Taslib so that if circumstances are such that the criminal deserves any leniency, he should be given it. Consequently, in accordance with this verse, the Prophet (sws), while taking into consideration the circumstances and the nature of crime in his own times, granted remission to certain criminals guilty of debauchery by exiling them; similarly, while obeying this verse, he stoned to death certain others who did not deserve any leniency.
The plurals yas‘awna (eng: they strive) and yuharibuna (eng: they wage war) mentioned in the verse point out that if a gang of criminals has committed the crime, the punishment shall not be given to only some of the criminals but to the gang as a whole. Consequently, if a gang of criminals of this first category is guilty of such crimes as murder, hijacking, fornication, sabotage and intimidating people, there is no need to investigate exactly who among the gang actually committed the crime. Every member of the gang shall be held responsible for it and dealt with accordingly.
The words dhalika lahum khizyun fi’l-dunya [eng: such is their disgrace in this world) used in the verse indicate that while inflicting punishment upon such criminals no feelings of sympathy should arise. The Almighty who created them has ordained complete disgrace and humiliation for them, if they commit such crimes. This is the very purpose of this punishment and should always be taken in consideration.
Their humiliation in this world will be a means of severe warning for others and for those who do not respect the law on the mere grounds that laws deserve respect and as such are useful in maintaining order and discipline in the society. In present times, the conceptions of sympathy and mercy for crimes and criminals have taken the shape of a whole philosophy. It is due to their courtesy that though today it seems as if man is developing and progressing in various fields of life, yet he is creating for himself a Hell on earth. Islam does not encourage such absurd philosophies. Its law is not based upon fantasies but upon human nature.
The words illalladhina tabu min qabli ‘an taqdiru ‘alayhim [eng: save those who repent before you overpower them) of the verse impose the condition that if such criminals come forward and give themselves up to the law before the government lays hands on them, then they shall be dealt with as common criminals. They will not be regarded as criminals of Muharabah and spreading disorder.
These special powers should only be used against those rebellious people who insist on their rebellion before the government is able to seize them and the government had to actually subdue them by force. However, those criminals who repent and mend their ways before any action by the government shall not be dealt with according to their former status and shall be dealt with according to the ordinary law about such crimes. If they have usurped the rights of common citizens, compensation shall be provided to these citizens.
If the stress of the words fa‘lamu [eng: you should know) is understood, it becomes clear that no measure of retaliation by the government is permitted if the criminals repent and reform themselves before the government captures them. The Almighty is Merciful and Forgiving; if He forgives a person who repents before he comes in the grip of the law, why should His servants adopt a different attitude?
Here, it should remain clear that those who confess simply because they have no means to escape the law are an entirely different case. In their case, the government, indeed, has the authority to refuse any mitigation, if it wants to.
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