Shaykh `Ali Al-Ḥudhaifi al-`Adani condemns the mob killing of Deborah Samuels in Sokoto , Nigeria. Shaykh `Ali Al-Ḥudhaifi al-`Adani the Yemeni is different from Shaykh `Ali Al-Ḥudhaifi of Medinah.
Question was asked by @pristinemethod Pristine Methodology of Nigeria. .
The Ruling of the one who Insults the Prophet -may Allah’s highest exaltation and peace be upon him.
This is a question that has come from the brothers in Nigeria, the brothers say in it: “there is a Christian lady that insulted the Prophet -may Allah’s highest exaltation and peace be upon him-, so, some people killed her and burnt her and they captured this event with video. So, the question now is, Is this action permissible and what is your advice for those people”?
The answer -and guidance is with Allah:
1. Insulting the prophet -may Allah’s highest exaltation and peace be upon him- is a great evil and disbelief in Allah by the consensus of the Ummah. It is something that hurts the heart of the believer and this is something that the Muslims have no difference regarding it.
2. Confronting this action in this manner, which is the people killing and burning the one who made the insult without going back to those in charge of affairs is a great error that some people fall into due to zealousness without knowledge. So, this action is not permissible and it is an action that is not correct for several reasons:
– The first of it, implementing the prescribed punishments is not for individuals and it is not for anyone, it is for those in charge and this is based on consensus.
– Secondly, implementing the prescribed Shari’ah punishment occurs when those in charge cut off the neck of the one who insulted the prophet -may Allah’s highest exaltation and peace be upon him-, then the one who is killed is buried in the graves.
This is the ruling of the noble punishment on him because implementing the prescribed punishments is from the jurisdiction of the one in authority” 2nd Page 3. What is compulsory regarding this situation is to refer the case of the one who insulted the prophet -may Allah’s highest exaltation and peace be upon him- to the governmental authority and it is the government that will summon the one who is accused of insulting the prophet -may Allah’s highest exaltation and peace be upon him-, look at the validity of the accusation, and inspect the conditions to implement the prescribed punishment on him and the inhibitions, Then, they will implement the prescribed punishment, if the conditions are met and the inhibitions are absent.
4. It is legislated for the Muslims to seek from the government to prohibit insulting the Prophet -may Allah, highest exaltation and peace be upon him- and implement the prescribed punishment on the one who insults him -may Allah, highest exaltation and peace be upon him-5. If it is known that the government will do nothing, then patience is necessary and calling to Allah with wisdom and good admonition. Indeed, the pagans of Qumysh in Makkah used to often insult the Prophet -may Allah, highest exaltation and peace be upon him- and describe him with magic, poem, sorcery and similar things to that. They used to harm in different ways, they would place the intestine of the camels on him, so, they would harm the prophet -may Allah, highest exaltation and peace be upon him-with their speech and action. And the believers were not capable to repel that from the prophet -may Allah, highest exaltation and peace be upon him- and Allah did not hold them responsible for anything and there was no blame on them from anyone because they were weak. Rather, the prophet -may Allah’s highest exaltation and peace be upon him- was commanded with patience, over-looking and pardoning. And indeed there am many verses commanding
Shari’ah and it is not by burning the one who was killed, this is not from the Shari’ah.
This action that some people did with regards to killing the Christian lady and burning her corpse, there are many evils in it: .
First, it is upon other than the way of the Prophet -may Allah’s highest exaltation and peace be upon him-.
Second, It incites the government against the people of sunnah, so they oppose them and tighten their grip on them.
. Third, it opens the door for foreign nations to cause commotion between the Muslims and Christians.
. Fourth, It distorts the image of the Muslims in the view of the enemies, rather, it might chase those who want to accept Islam away from it.
1. In the Verdicts of the Permanent Committee for verdicts and research (V22/P5): “No one implements the prescribed punishments except the Muslim Sultan or the one that represents him to actualize law and order; preventing transgression and safety from injustice” Also in the verdict of the Permanent Committee for verdicts and research (V22/P7): “None establish the prescribed punishments except for the Muslim ruler or the one who stands in the position of the ruler and it is not permissible for individuals among the Muslims to implement the prescribed punishments because of what that will cause of unrest and turmoil.”
Also in the verdict of the Permanent Committee for verdicts and research (V22/P8): “It is not for you to implement the prescribed with patience when much insult is heard from those who were given the book (Jews and Christians) and the Pagans. Thus, Some of them (scholars) said “it was abrogated by the verse of war, collection of jizyah and similar things to that”. And others said: “they are applied when there is weakness”
Shaykhul Islam Ibn Taymiyyah said in ‘The Unsheathed Sword’ (V I/P239): “among people are those who say that the command of pardoning remains when there is need for it due to weakness of the Muslims from fighting, sich that they are in a time or a place they are incapable to do it. So such is not abrogated, for the abrogated is what has been uplifted in all future times”
And may the highest exaltation of Allah, peace and blessing be upon His slave and messenger, our prophet Muhammad, his household and his companions
Shaykh Ali Al-Hudhaifi
12th of Shawwal 1443H
Translated by Abu Anwar An-Naijiriy 13th-May-2022