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Establishing al-Hukm Shari’a fi Sijin

09 May

Question 3:
In some facilities the Muslims are given a great deal of leeway in policing themselves. It is to the point where some aspects of the Sharii’ah can be implemented in the community without the kuffaar interfering, and the leaders of the Muslim community can enforce these matters.

For example, in a typical facility a Muslim caught drinking khamr by his brothers will receive some kind of physical punishment, and the guards will not interfere. Sometimes the Muslims exceed the limits set in the Sharii’ah in such matters, because many of them have things left over from jahiliyyah. A brother mentioned that before he became a Muslim he knew a brother who used to stab people (non-lethally, I believe) if they did not attend the five prayers in jama’ah.

However, even this did not lead to repercussions from the guards. What is the ruling on implementing the things from the Sharii’ah which Muslims are able to implement without fear of the guards interfering or harming them? Should the community do those things or should they leave them all, because they are not completely in power? In our unit we are not able to do these types of things, but in a typical facility this is how the community is run.

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In the Name of Allah, the Merciful, the Compassionate;

I asked the third

where he [the questioner] stated that the brothers and some Muslims [in prison] may exceed the limits of the Shari’a, such as drinking alcohol and committing other haram actions, and his [the questioners] saying of the brothers, that it is possible to implement the hadud, and carry out what is prescribed of corporal punishment without having interference from the prison guards.

The Sheikh [Abu Muhammad al-Maqdisi] says it should not be upon the brothers to do so because by doing this, such is the condition of the brothers in dar al-Harb and the brothers [in prison] who are now in a position of vulnerability, and by doing this they may alienate the hearts of the people, and instead of causing the people to abandon them [the sinful actions] or turning away [from sin] those who commit these haram things [they may repel him, and not the sin]. And regarding the person who did as the brothers said: that he was stabbing people non-fatal stab wounds who did not pray the five daily prayers in congregation, this [the stabbing] is forbidden in Islam.

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