بسم الله الحمن الرحيم، الحمد لله رب العالمين، وصلوات ربي وسلامه وبركاته على نبينا وحبيبنا محمد وعلى آله وصحبه أجمعين،
أما بعد؛
In the Name of Allâh, the Most Beneficent, the Most Merciful, All the praises and thanks be to Allāh, the Lord of all that exists, an may the Salutations of my Lord, His Peace and His Blessings be upon our Prophet and our Beloved Muḥammad, his Family and Companions.
As for what follows;
Not so long ago, an article was brought to my attention – written by a supporter of ISIS claiming that the burning alive of a prisoner carried out by this so called “Islamic State” was an act which was condoned by the Qur’ān and had premise therein.
The proof used by this viciously ignorant individual was the following verse from the Qur’ān, Allāh said:
﴾وَإِنْ عَاقَبْتُمْ فَعَاقِبُوا بِمِثْلِ مَا عُوقِبْتُمْ بِهِ وَلَئِنْ صَبَرْتُمْ لَهُوَ خَيْرٌ لِلصَّابِرِينَ﴿
«And if you punish [an enemy, O believers], punish with an equivalent of that with which you were harmed. But if you are patient – it is better for those who are patient»
[An-Naḥl 16:126]
Here I will present some exegesis of some Traditional Sunnī Scholars of the past and the Orthodox interpretation and understanding of this verse.
And with Allāh rests all success.
The Imām, the Muḥaddith (Scholar of Ḥadīth), the Faqīh (Scholar if Jurisprudence), the Mufassir (Scholar of Exegesis), the Mu’arrikh (Historian); Abul-Fidā ‘Imādud-Dīn Ismā’īl ibn ‘Umar ibn Kathīr – commonly known as Ibn Kathīr رحمه الله تعالى said in his tafsīr (exegesis) of this verse:
‘Abdullāh – the son of Imām Aḥmed رحمهما الله – said in the Musnad collection of his father … [narrating his father’s chain of narration back to the Companion] … On the authority of Ubay ibn Ka’ab رضي الله عنه that he said: When it was the day of the battle of Uḥud, 60 men were killed from the Anṣār and 6 men from the Muhājirīn.
So some of the Companions of the Messenger of Allāh ﷺ said: “If we ever have a day of victory like this over the Mushrikīn (polytheists), we will surely torture them.” And so, when the day of the Conquest of Makkah came, a man said, “the Quraysh will not be known after this day!” and so a man called out saying: “the Messenger of Allāh has granted sanctuary and safety to the Black and to the White, except so and so and so and so!” – and he named some people.
So Allāh, the Blessed and Most High, revealed: “And if you punish (your enemy), then punish them with the like of that with which you were afflicted. But if you endure patiently, verily, it is better for As-Sābirīn (the patient ones, etc.).” So thereafter the Messenger of Allāh ﷺ said: “We will be patient and we will not punish.”
The ḥadīth is narrated in the Musnad of Imām Ahmed, Al-Mustadrak of Imām Al-Ḥākim, Sunan Al-Kubrā of An-Nasāī, Shu’abul-Īmān of Al-Bayhaqī and many others; and the ḥadīth is Ṣaḥīḥ.
And to Allāh belongs all forms of gratitude and praise, and to Him Alone we direct our complaints.
Shaykhul-Islām Al-Imām Aḥmed ibn ‘Abdul-Halīm Ibn Taymiyyah رحمة الله علي ه said regarding this verse:
As for Tamthīl (المُثْلَةُ / التَّمْثِيْلُ / or “Al-Muthlah” – which is to kill a person in retribution for murder using the same means he used to commit the murder) then it is not permissible, except in the case of Qissās (retribution for murder). But indeed ‘Imrān ibn Ḥusayn رضي الله عنه said: The Messenger of Allāh ﷺ never addressed us except that he ordered us with charity and forbade us from Al-Muthlah (torturing). [Tafsīr Shaykhul-Islām Ibn Taymiyyah, Al-Jāmi’ li Kalām Al-Imām Ibn Taymiyyah fī At-Tafsīr – Publishers: Dār Ibn Al-Jawzī (4/192)]
After some brief reading I found the ḥadīth of ‘Imrān ibn Ḥusayn رضي الله عنه can be found in; At-Tirmidhī, An-Nasāī, Musnad of Imām Aḥmed, Sunan Al-Kubrā of Al-Bayhaqī and many other books of ḥadīth. It has a total of 27 ṣaḥīḥ chains of narration, 208 ṣaḥīḥ supporting narrations and 108 supporting narrations which are ḥasan (good chain of narration).
Shaykhul-Islām does go on to say, on page 193 of the same book, that those who did permit Tamthīl did so “… so long as it is not in that which is impermissible by the right of Allāh …”.
And punishing with fire is known to be from the rights of Allāh, Lord of the Fire, as stated by the Prophet ﷺ in various aḥādīth.
Imām Muwaffaqud-Dīn Al-Maqdisī [620 H.] mentions in his great compendium “Al-Mughnī[1]” while explaining the statement of Imām Al-Khiraqī where he said:
“And if the enemy is fought, then they are not burned by fire.”
Imām Al-Maqdisī explains:
“As for the enemy, if he is captured, then it is not permissible to burn him – with out any difference of opinion known to us …”
Then he says:
“… And Abū Bakr Aṣ-Ṣiddīq رضي الله عنه had ordered with the burning of those who had left Islām. And Khālid ibn Walīd had done so upon an order from him as well …”.
What is attributed to Abū Bakr and Khālid ibn Walīd here are stories that are found in books of Sīrah and History – both known to contain narrations that are not authentic.
Ibn ‘Abdil-Barr mentions in “Al-Istī’āb”[2] after mentioning the name “Ṭarīfah ibn Ḥājiz”, he mentions the story that is alluded to, and then he says:
“… and in its chain of narration is; Sayf ibn ‘Umar At-Tamīmī: he’s a liar and is accused of heresy.”
And there is another narration which narrates another athar where Abū Bakr mentions on his death bed that he burned certain people – and regretted it, by the way; the proof is, he supposedly said, “… I wish I hadn’t done so …” – in the book of Humayd ibn Zanjawayyah in his book “Al-Amwāl”.
Commenting on a narrator of this athar – ‘Ulwān, Imām Al-‘Uqaylī in “Aḍ-Ḍu’afā” says about him:
“’Ulwān ibn Dāwūd Al-Bajalī, and it is said ‘Ulwān ibn Ṣāliḥ, and his narrations are not followed up by others, and this ḥadīth is not known except through him. Ādam ibn Mūsā narrated to me and said: I heard Al-Bukhārī say: ’Ulwān ibn Dāwūd Al-Bajalī – and it is said ‘Ulwān ibn Ṣāliḥ – he is rejected in ḥadīth (munkarul-ḥadīth).”
Also, Al-Ḥāfiẓ Adh-Dhahabī mentions him in “Mīzānul-‘Itidāl[3]” and mentions what Al-‘Uqaylī mentioned above and then adds:
“… and Sa’īd ibn Yūnus said: He is rejected in ḥadīth (munkarul-ḥadīth)…”
So, after all of this – is there left any doubt regarding the weakness of these narrations?
Furthermore, Imām Muwaffaqud-Dīn Al-Maqdisī doesn’t stop there! No. He continues on to say:
“As for today, then I do not know of any difference of opinion concerning it amongst the people.
And indeed Ḥamza Al-Aslamī narrated that the Messenger of Allāh ﷺ ordered him with a mission, he said: ‘So I set out for it, so he ﷺ said: ‘If you capture so and so, then burn him with fire.’ So I turned and left and he then he called me back so I went back. Then he said to me: ‘If you capture so and so, then kill him and do not burn him, for indeed none punish with fire except the Lord of fire.’ Narrated by Abū Dāwūd and Sa’īd (i.e. in his Sunan)[4] and he narrated other than this ḥadīth that carry the same meaning. And Imām Al-Bukhārī, and other than him, narrates on the authority of Abū Hurayrah رضي الله عنه from the Prophet ﷺ a similar ḥadīth to Ḥamzah. …” (end quote)
I pray that after reading this, dear reader – may Allāh bless and preserve you – you ponder and contemplate over the message of Al-Islām, the message of the Qur’ān, your Messenger ﷺ and of your Lord, and that the Most Merciful bestows upon you and I correct understanding of his Sharī’ah, Allāhumma āmīn.
And may the Salutations, Peace and Blessings of Allāh be upon our Beloved, his Family and Companions and all those who follow them in sincerity and truth till the Last Day.
And all the praises and thanks
be to Allāh, the Lord
of all that
exists.
____________________________
FOOTNOTES:
[1] [13/ 138-139] issue #1669 – Publishers: Dār ‘Ālimil-Kutub (2007 C.E., 1428 H.), by Imām Muwaffiqud-Dīn Abū Muḥammad ‘Abdullah ibn Aḥmed ibn Muḥammad ibn Qudāmah Al-Maqdisī Al-Jammā’īlī Ad-Dimishqī Aṣ-Ṣāliḥī Al-Ḥanbalī [620 H.].
[2] [2/776].
[3] Mīzānul-‘Itidāl fi Naqdir-Rijāl [3/108] – Al-Ḥāfiẓ Adh-Dhahabī, Print: Dārul-Ma’rifah, Beirut – Lebanon, 1382 H. / 1963 C.E.
[4] Sunan Abī Dāwūd [2/50] – in ‘The Book of Jihād’, Chapter: The Dislike of Burning the Enemy with Fire. And it is narrated by Sa’īd ibn Manṣūr in his Sunan, [2/243] – in ‘The Book of Jihād’, Chapter: The Dislike of Punishing with Fire. It is also narrated by Imām At-Tirmidhī [7/66] and Imām Aḥmed in his Musnad [3/494].