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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  -  25 Jumadi-uthani 1438

Daily Hadith: 24th March 2017

Narrated: Ibn Abbas
that the Messenger of Allah said: "Were people to be given in accordance with their claim, men would claim the fortunes and lives of [other] people, but the onus of proof is on the claimant, and the taking of an oath is incumbent upon him who denies." a fine hadith related by Al-Baihaqi and others
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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 when wearing a garment
الحمدُ للهِ الّذي كَساني هذا (الثّوب) وَرَزَقَنيه مِنْ غَـيـْرِ حَولٍ مِنّي وَلا قـوّة

All Praise is for Allah who has clothed me with this garment and provided it for me, with no power nor might from myself.
Supplication when wearing a garment
Fortress of the Muslim

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