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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  -  27 Rajab 1438

Daily Hadith: 24th April 2017

Narrated: Abu Huraira
The Prophet (SAW) allowed the sale of the dates of the Araya for ready dates by estimating the former which should be estimated as less than five Awsuq or five Awsuq. (Dawud, the sub-narrator is not sure as to the right amount.)
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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 said after the last tashahhud and before salam
اللّهُـمَّ اغْـفِرْ لي ما قَدَّمْـتُ وَما أَخَّرْت ، وَما أَسْـرَرْتُ وَما أَعْلَـنْت ، وَما أَسْـرَفْت ، وَما أَنْتَ أَعْـلَمُ بِهِ مِنِّي . أَنْتَ المُقَـدِّمُ، وَأَنْتَ المُـؤَخِّـرُ لا إِلهَ إِلاّ أَنْـت

O Allah, forgive me for those sins which have come to pass as well as those which shall come to pass, and those I have committed in secret as well as those I have made public, and where I have exceeded all bounds as well as those things about which You are more knowledgeable. You are Al-Muqaddim and Al-Mu-akhkhir. None has the right to be worshipped except You. Meaning of Al-Muqaddim and Al-Mu-akhkhir: Allah puts forward and favours whom He wills from amongst His creation just as He defers and holds back whom He wills in accordance to His wisdom. E.g. Favouring man over the rest of creation, favouring the Prophets over the rest of mankind, favouring Muhammad (saw) over all the Prophets and Messengers...etc.
Supplication said after the last tashahhud and before salam
Fortress of the Muslim

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