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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  -  4 Shawwal 1438

Daily Hadith: 29th June 2017

Narrated: Muawiyah bin Abu Sufyan
“The Prophet (saw) looked at Talhah and said: 'This is one of those who fulfilled their covenant.'”(referring to 33:23) (Hasan)
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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

Remembrance after salam
لا إلهَ إلاّ اللّه, وحدَهُ لا شريكَ لهُ، لهُ الملكُ ولهُ الحَمد، وهوَ على كلّ شيءٍ قدير، لا حَـوْلَ وَلا قـوَّةَ إِلاّ بِاللهِ، لا إلهَ إلاّ اللّـه، وَلا نَعْـبُـدُ إِلاّ إيّـاه, لَهُ النِّعْـمَةُ وَلَهُ الفَضْل وَلَهُ الثَّـناءُ الحَـسَن، لا إلهَ إلاّ اللّهُ مخْلِصـينَ لَـهُ الدِّينَ وَلَوْ كَـرِهَ الكـافِرون

None has the right to be worshipped except Allah, alone, without partner, to Him belongs all sovereignty and praise and He is over all things omnipotent. There is no might nor power except with Allah, none has the right to be worshipped except Allah and we worship none except Him. For Him is all favour, grace, and glorious praise. None has the right to be worshipped except Allah and we are sincere in faith and devotion to Him although the disbelievers detest it.
Remembrance after salam
Fortress of the Muslim

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