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Prohibition of Torture

Weekly Sultaniyya Hadith Source Week No: 38


Prohibition of Torture

Hadith 49, Allah tortures those who torture the people in this life (Muslim)

Commentary:

A: Imam Nawawi mentioned that this is narrated in respect to the harming of people without right, such as torture, and is not meant generally such as the implementation of qisaas and Hudood and so on.

B: It is prohibited in all the schools of thought to torture people on the basis of suspicion for the sake of information, and the attribution of such an opinion to Imam Malik is a false one and the details can be found in the relevant books which include detailed discussions regarding regarding maslaha. Rather when suspicious of someone they should be left until clear evidence is provided (see hadith 23 where the woman under suspicion was left alone and not coerced to admit to what she was well known for).

C: However, the ruler is permitted to jail someone for a limited period of time, but this is only for a chance to investigate the accusations brought against them and should not be used to put pressure upon them or keep them held indefinitely, in accordance with the sound narration found in Tirmidhi that the Prophet (SAW) jailed someone for a day due to an accusation, and then freed him.

D: There is no difference in the hadith regarding whether the torturer is a disbeliever or not, the words used are general and so fall upon anyone who carries out torture whatever their personal belief.

Hadith with commentary each week, taken from The Sixty Sultaniyya compiled by Abu Luqman Fathullah
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Daily Column  -  28 Shaaban 1438

Daily Hadith: 25th May 2017

Narrated: Hudhaifah
that the Messenger of Allah (saw) came to some people's garbage dump and urinated while standing. (Sahih)
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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 for seeking guidance in forming a decision or choosing the proper course...etc (Al-Istikharah)
On the authority of Jabir Ibn Abdullah (ra) he said: The Prophet would instruct us to pray for guidance in all of our concerns, just as he would teach us a chapter from the Quran. He (saw) would say If any of you intends to undertake a matter then let him pray two supererogatory units (two rakah nafilah) of prayer and after which he should supplicate: اللّهُـمَّ إِنِّـي أَسْتَخيـرُكَ بِعِاْـمِك، وَأسْتَقْـدِرُكَ بِقُـدْرَتِـك، وَأَسْـألُـكَ مِنْ فَضْـلِكَ العَظـيم، فَإِنَّـكَ تَقْـدِرُ وَلا أَقْـدِر، وَتَـعْلَـمُ وَلا أَعْلَـم، وَأَنْـتَ عَلاّمُ الغُـيوب، اللّهُـمَّ إِنْ كُنْـتَ تَعْـلَمُ أَنَّ هـذا الأمْـرَ- وَيُسَـمِّي حاجَتَـه - خَـيْرٌ لي في دينـي وَمَعـاشي وَعاقِـبَةِ أَمْـري، فَاقْـدُرْهُ لي وَيَسِّـرْهُ لي ثـمَّ بارِكْ لي فيـه، وَإِنْ كُنْـتَ تَعْـلَمُ أَنَّ هـذا الأمْـرَ شَـرٌ لي في دينـي وَمَعـاشي وَعاقِـبَةِ أَمْـري، فَاصْرِفْـهُ وَاصْرِفْني عَنْـهُ وَاقْـدُرْ لي الخَـيْرَ حَيْـثُ كانَ ثُـمَّ أَرْضِـني بِـه

O Allah, I seek Your counsel by Your knowledge and by Your power I seek strength and I ask You from Your immense favour, for verily You are able while I am not and verily You know while I do not and You are the Knower of the unseen. O Allah, if You know this affair -and here he mentions his need- to be good for me in relation to my religion, my life, and end, then decree and facilitate it for me, and bless me with it, and if You know this affair to be ill for me towards my religion, my life, and end, then remove it from me and remove me from it, and decree for me what is good wherever it be and make me satisfied with such. One who seeks guidance from his Creator and consults his fellow believers and then remains firm in his resolve does not regret, for Allah has said: وَشـاوِرْهُـم في الأمْـرِ فَـإِذا عَـزَمْـتَ فَتَوَكّـلْ عَلـى الله( ...and consult them in the affair. Then when you have taken a decision, put your trust in Allah... (chapter 3 verse 159)
Supplication for seeking guidance in forming a decision or choosing the proper course...etc (Al-Istikharah)
Fortress of the Muslim

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