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Makkah Tower Prophet Alhamdulillaah Muharram Muharram 2 Muharram 3 Ashura 12 Months Good Advice Sincerity 5

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All praises are due to Allah the Lord of creation, peace and blessings of Allah be upon our prophet, Muhammad, his household and all his companions.

Indeed the Shariah is concerned about wealth and it has made it one of its five aims and objectives whose preservation is obligatory. It has also made the conscience a guard against it so that wealth will continue to serve its purpose in life and guarantee all good for people. Since guidance and counseling do not benefit some people, and nothing deters them from transgression except punitive measures, punishments have been prescribed to serve as deterrence for whoever encroaches upon the rights of people and their wealth. Some of these punishments include the following:

First: stealing:

The shariah has prescribed a punishment for whoever enchroaches upon the wealth of people through stealing whenever it is up to a certain amount (nisab). This punishment is stated in the book of Allah:

Meaning: “[As for] the thief, the male and the female, amputate their hands in recompense for what they committed as a deterrent [punishment] from Allah. And Allah is Exalted in Might and Wise.” (Q5:V38)

No doubt cutting the hand of the thief will curtail people from this crime and that will protect the wealth of people and ensure stability of the society.

Secondly: Punishment for banditry:

Bandits are those who attack people on their way with weapons and take their wealth openly and forcefully, whether this takes place in the desert in the town, whether at night or during the day, and whether the bandit was an individual or group of people, male or female.

Bandits attack people where they cannot call for help from anyone so they forcefully take their wealth without any just reason. The shariah has prescribed the punishment for whoever engages in this crime to serve as deterrence to others. Allah says:

 ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?? = ? ? ? ? ?? ? ? ? ? ? ? ?

Meaning: “Indeed, the penalty for those who wage war against Allah and His Messenger and strive upon earth [to cause] corruption is none but that they be killed or crucified or that their hands and feet be cut off from opposite sides or that they be exiled from the land. That is for them a disgrace in this world; and for them in the Hereafter is a great punishment” (Q5:V33). In this case the punishment is of different types. Bandits who kill and collect people’s wealth are to be killed and crucified but if they kill without collecting people’s wealth, they are to be killed only. If they collect wealth without killing, their hands and feet are to be cut off from opposite side but when they scare people without killing anyone or collecting money, they are to be exiled from the land.

Thirdly: Repelling an assaulter:

What is meant by an assaulter here is an aggressor who attacks people and trespasses against their lives, honour, or wealth. Repelling him implies defending one’s self, honour or wealth.

Fourth: penalty for taking wealth by coercion:

This is prohibited based on the Qur'an, sunnah and the consensus of the scholars. Whoever takes anything by coercion must return it to the owner if it is still available or must pay its price if it has been damaged.

Fifthly: Ta’zeer penalties:

These are penalties determined based on the discretion of the Judge. Hence, protection of wealth is among the issues that are obligatory to be preserved. This role can be played by the one who monitors all economic activities to prevent cheating and hording.

This is the worldly punishment for one who enchroaches upon the wealth of people. There is also severe punishment on the Day of Judgment. This is confirmed by the saying of Allah:

 

Meaning: “Indeed, those who devour the property of orphans unjustly are only consuming into their bellies fire. And they will be burned in a Blaze.” (Q4:V10). The prophet-peace be upon him- also said: “verily, your blood, wealth, and honour are sacred upon you like the sacredness of this month and this town of yours” reported by Bukhari and Muslim.

 

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