Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Dear Brother in ISLAM.

Asalamalakum I have been reading your awnser on the question of punishment.that is cutting of the hands for theft etc.I think it must be made clear here that this would be feasible in a just islamic society.

If a muslim brother or sister has had to steal to feed their children or just live their lives then there is nothing islamic in the society that they are living in .If we have kings who have gold taps in their bathrooms who are punishing people who steal for food and a living ,then i cannot see the islamic rules applied because ,that king should be supporting his brothers or sisters in their lives.

There is something wrong with our islamic life if this is going on.so before we state islamic punishment, we should be stating the justice that should prevail in an islamic society, before we talk about punishments. I hope you will reply to my concerns,thank you your sister in Islam

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Answer:

Islamic Law in Un-Islamic Society

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad(saws) is His slave-servant and the seal of His Messengers.

Dear Sister in Islam, you are absolutely right in your deduction that Shariah can only be enforced in a righteous and pious Islamic society. The guidance and teachings of Allah and His Messenger (saws) are such that first it strives to create a righteous society of believers who fear Allah in all their dealings; a society which establishes prayer, a system of collecting and distributing zakaah and charity, etc. Once this righteous society is formed; only then will the benefits and advantages of the Shariah laws will be evident.

The criminal law cannot be taken or understood in isolation, without the implementation of a righteous society; both are an integral part of each other. You are also absolutely right that the ‘Ameer’ or leader of the believers, should be one who fears Allah and recognizes his responsibility towards the believers; rather than being interested in living like a king of this world! It would indeed be extremely hypocritical of this king to himself disobey the guidance and teachings of the Quran and Sunnah; but judge his people with the full extent of the Shariah!

In the absense of such a righteous society, it becomes the duty of every believer to first himself be a good muslim; and then strive to create a society of the righteous.

Allah says in the Holy Quran Chapter 22 Surah Hajj verse 78: And strive in His cause as ye ought to strive (with sincerity and under discipline): He has chosen you and has imposed no difficulties on you in religion; it is the deen of your father Abraham. It is He Who has named you Muslims both before and in this (Revelation); that the Apostle may be a witness for you and ye be witnesses for mankind! So establish regular Prayer give regular Charity and hold fast to Allah! He is your Protector the Best to protect and the Best to help!

Allah says in the Holy Quran Chapter 29 Surah Ankabut verse 69:And those who strive in Our (Cause), We will certainly guide them to Our Paths: for verily Allah is with those who do right.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

Your Brother in Islam,

Burhan