Responsibility Of An Islamic Ruler In Implementing Sharia
If at some place a Muslim government exists, it is generally asked to implement the shariah. This expression is misleading because it gives the impression that Islam has given the right to a government to forcibly implement all the directives of the shariah on people. The fact is that the Quran and Hadith do not give this authority to any government. The Islamic shariah contains two categories of directives. The first category comprises directives which are given to individuals and the second category comprises directives which are given to a Muslim society. The first category relates to directives which are between an individual and God. In these directives, a person is not responsible to any government; on the contrary, he is responsible to God. Hence, no government, for example, can force a person to fast or go for hajj or umrah or to circumcise himself or to keep his moustaches trimmed or in the case of a woman to cover her chest, refrain from displaying her ornaments or to wear a scarf when going out . In such matters, a government has no authority beyond urging and educating people except if there is a chance of rights being usurped or excesses being committed against the life, wealth and honour of people . The Quran has explicitly said that among the positive directives of religion, a state can only forcibly demand from them to offer the prayer and pay zakah. The Quran (9:5) says that after this, it is incumbent upon the state to leave them alone and not try to enforce anything on them. As for the second category of directives, they are only given to a government because it is a government which represents a society in collective affairs. This second category comprises the following directives: i . Muslims will not be subjects of their rulers but equal citizens. ii . It shall be the responsibility of the government to organize the Friday and the id prayers. iii . Law enforcing departments shall be primarily reserved for amar bi al-maruf and nahi an al-munkar ( enjoining good and forbidding evil ). They will urge people to do good and forbid them all what mankind has always regarded as evil. However, they will only use the force of law when a person is guilty of usurping rights or goes after the life, wealth and honour of people. iv . The state shall always adhere to justice (qaim bi al-qist) with regard to its enemies as well. v . If the state enters into agreement with someone within its jurisdiction or with some foreign entity, then as long as the agreement exists it shall be honoured both in letter and in spirit with full honesty and sincerity. vi . The death penalty will be given in two cases only: murder and spreading anarchy in the land. If a Muslim is guilty of murder, theft, fornication, falsely accusing someone of fornication (qadhf) or spreading anarchy and disorder in the land and a court is fully satisfied that he does not deserve any leniency arising from his personal, familial and social circumstances, then those punishments shall be meted out to him which the Almighty has prescribed in His Book for those who have whole-heartedly accepted the call of Islam. vii . Dissemination of Islam to all parts of this world shall be organized at the state level. ____________________ For Further Details, please see : Discussion 62084 Discussion 64662 • Reply 64721
Okay then what islam says, when one do something wrong like rape etc. And when he caught by hands. And he says sorry i will not do that again. Then what? Should we punish him?