Rare Justice: Judgements, Decisions and Answers to Difficult Questions part 10

1. Magic

Hazrat Ali (A) has reported from the Holy Prophet (SA) who said: If two persons stand witness to the fact that some body has indulged in magic, a judge who is just and of proved good moral character can punish him by sentencing him to death. (Wafi, vol. 9, P. 69).

2. Arson

A man was brought to Hazrat Ali (A). He had set on fire the house of another man due to malice. Hazrat Ali (A) ordered the accused to pay a fine equal to the cost of the house and the effects of the house-hold. Then he ordered that the man to be beheaded.
(Wafi, vol. 3, p. 122 through Abu Turab (Urdu) vol. 2, p./189)

3.Punishment for Several Crimes in one and the Same Case

A man was once brought to Hazrat Ali (A) who had committed three crimes successively i.e., murder, theft and drinking. Hazrat Ali (A) ordered for his punishment in the following order:

1. Eighty strokes of a whip for drinking.

2. Cutting hand for theft.

3. Beheading for murder.
(Qaza & Teha., p. 183 through Abu Turab (urdu) vol. 2, p. 189-190.)

4.Fore-Warning- According to an order of Hazrat Ali (A) If an accused involved in a case in which one or more parts of some one’s body are damaged or destroyed or one is even killed, no penalty
is due from him if he has given a caution before accident, such as in games.
(Wafi, vol. 3, p. 123 through Abu Turab, vol. 2. p. 194).

5–Insanity in Crimes-Muhammad bin Abu Bakr once wrote to Hazrat Ali (AS):
“An insane man has committed murder intentionally. Please write to tell me as to what punishment should be awarded to that man? Hazrat Ali (A) wrote back to him:

“The responsibility for paying penalty for the murder rests with the tribe of the insane man, because the mistake and intention of a mad man are equal to each other.”

6.Punishment as Reprimand or Warning

According to a report by Asbagh bin Nobata, Hazrat Ali (A) never suspended punishment even in the cases of minor children and slaves, but the punishment varied according to the ages of children and the quality of crime in case of slaves, but that too, was awarded as a warning to save them of major punishments in future.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s