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.

INCIDENT WHICH REVEALED SARKAR WARIS’ ALLFORGIVING NATURE

INCIDENT WHICH REVEALED SARKAR WARIS’ ALLFORGIVING NATURE

Once Sarkar Waris due to the compulsion of the villagers of Gadis promised to visit their village on his return from Mathkara town. When his palanquin passed through Saifpur the youth of that place due to some trivial caused attacked his party. Faizu Shah’s head was injured. When Sarkar reached his destination the people of that place wanted to take vengeance against the miscreants who caused injury to Faizu Shah, but he did not allow them to go there. He pacified Faizu Shah to be patient and said it was God’s will. Immediately two elderly and well to do Hindus came to meet our Saint, keeping their turban on our Saint’s feet, with folded hands standing on one leg expressed their regret in rustic dialogue and begged to forget the misdeeds of rash youth. Our Saint replied calmly that the youth had not done not done any injury to them. Had they caused their death, even then he would excuse them. He offered syrup to them to drink. He further said there was no quarrel and as such it is not necessary to forgive or forget. He asked his servant to give them tahband and sweets.