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Rule of Law is equally applied

Weekly Sultaniyya Hadith Source Week No: 18


Rule of Law is equally applied

Hadith 21, The Quraish became very worried about the Makhzumiya lady who had committed theft. They said, "Nobody can speak (in favor of the lady) to the Messenger of Allah (SAW) and nobody dares do that except Usama who is the favourite of the Messenger of Allah (SAW)." When Usama spoke to the Messenger of Allah (SAW) about that matter, the Messenger of Allah (SAW) said, "Do you intercede (with me) to violate one of the legal punishments of Allah?" Then he got up and addressed the people, saying, "O people! The nations before were destroyed because if a noble person committed theft, they used to leave him, but if a weak person among them committed theft, they used to inflict the legal punishment on him. By Allah, if Fatima, the daughter of Muhammad committed theft, Muhammad will cut off her hand!" (Bukhari/ Muslim)

Commentary:

A: No one is above the law, and punishments are carried out equally irrespective of social standing or influence.

B: The narration makes it clear that the application of Hudood is obligatory upon those who infringe upon the limits laid down by Allah in the Quran and Sunnah, and that no attention should be paid to any attempts of intercession no matter the blame of the blamers.

C: There is no intercession with respect to the Rights of Allah (SWT) , unlike the rights of man upon each such as in qisaas where it is permitted to accept blood money as an alternative to application of the punishment.

D: Deviation from applying the law equally upon the people is a reason for their decline and destruction.

E: The oath of the Prophet (SAW) stating that he would apply the Hudood on his own daughter if the situation arose is a strong rhetoric emphasising that even the most closest ties of kinship can have no influence in the application of the law.

F: The universal application of the law is in contrast to many of the contemporary systems which boast such qualities and yet in reality the weight of the law and punishments falls disproportionately on the disadvantaged/ poorer elements of society who cannot afford the best legal representation or have the political connections to intervene.

Hadith with commentary each week, taken from The Sixty Sultaniyya compiled by Abu Luqman Fathullah
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Daily Column  -  27 Shawwal 1438

Daily Hadith: 22nd July 2017

Narrated:
Malik related to me from Ibn Shihab from Ubaydullah ibn Abdullah ibn Utba ibn Masud from Abu Hurayra and Zayd ibn Khalid al-Juhani that the Messenger of Allah, may Allah bless him and grant him peace, was asked about a slave-girl who committed fornication and was not muhsana. He said, "If she commit...
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Selected Hadith Commentary

Narrated: Abu Huraira
that a man said to the Prophet, sallallahu 'alayhi wasallam: "Advise me! "The Prophet said, "Do not become angry and furious." The man asked (the same) again and again, and the Prophet said in each case, "Do not become angry and furious." [Al-Bukhari; Vol. 8 No. 137]
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Fortress of the Muslim

Supplication whilst prostrating (sujood)
اللّهُـمَّ اغْفِـرْ لي ذَنْـبي كُلَّـه ، دِقَّـهُ وَجِلَّـه ، وَأَوَّلَـهُ وَآخِـرَه وَعَلانِيَّتَـهُ وَسِـرَّه

O Allah, forgive me all of my sins, the small and great of them, the first and last of them, and the seen and hidden of them.
Supplication whilst prostrating (sujood)
Fortress of the Muslim

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