أحمد محمد لبن Ahmad.M.Lbn مؤسس ومدير المنتدى
عدد المساهمات : 52575 العمر : 72
| موضوع: Protection of assets الثلاثاء 05 ديسمبر 2023, 2:00 am | |
| Protection of assets: Islam protects private wealth and imposes very strict punishments for theft and thieves. He does this with the aim of ensuring the protection of the assets, property and private investments of the individual. That is why Islam institutes the capital punishment in which the hand of the thief who steals other people's things is cut off.
Allah Almighty says in the Quran al-Karim Sura Al-Ma'ida (The Table) 5:38, which can be translated in meaning as follows: (You cut off the hands of the thief and the thief as a retribution for what they have committed and as a deterrent punishment from Allah. And Allah is Almighty, All-Wise.)
The process of amputation of the hand is required by law. It is not a pure coincidence as anti-Islamic elements claim.
In order for a thief's hand to be cut off, the following basic conditions must first be met: The stolen goods, money or items, must have been locked. The thief had to break a lock to get what he wanted to steal. Therefore, if a thief steals something that has been left unguarded outside, the thief's hand will not be cut off. Nevertheless, the thief is punished. An executive authority is appointed to determine an appropriate punishment. In such a situation, the owner of the stolen item is seen as negligent of his valuables.
The thief must not have stolen for his necessities. If the theft was done for the sole purpose of feeding oneself, the thief's hand is not cut off. This is based on an action of the second Khalif 'Umar bin al-Khattab (May Allah be pleased with him) during the so-called "Ramadah Year of Hunger" in which 'Umar (May Allah be pleased with him) did not impose a capital punishment due to the circumstances of the time.
The value of the stolen property must correspond to a value that makes stealing a convincing, punishable act worth amputating the hand.
It should be emphasized again that this type of corporal punishment is not carried out until all relevant evidence is available and there is no doubt in the mind of the Muslim judge that the crime must be punished according to Islamic law.
This is based on the statement of the Messenger of Allah: “Avoid the capital penalty by excluding the presence of any eventual or possible judicial error.”
When Islamic jurisprudence remits a criminal from the capital punishment for the crime he committed, it is replaced by a disciplinary punishment of another kind. A disciplinary penalty is usually a lesser punishment than the capital punishment and is determined by a Muslim judge taking into account the nature, degree, category and seriousness of the crime, the criminal himself and his criminal record. Disciplinary sanctions could include imprisonment, a fine, a public flogging, or reprimand for his crime.
Furthermore, Islam has banned violations of all kinds against private property, property and land ownership.
This is based on the Quran al-Karim Surah Al-Baqarah (The Cow) 2:188, which can be translated in meaning as follows: (And do not devour one another's property unjustly, nor offer it to the authorities (as a bribe) in order to sinfully devour part of people's property, knowing that.)
Therefore, the sinner will face a terrible and severe punishment on the Day of Judgment.
This is based on the statement of the Messenger of Allah (Peace be upon him): “Whoever takes money from the property of another Muslim without the slightest right, Allah will not have mercy on him.”
It is based on another saying of the Messenger of Allah (Peace be upon him): “Whoever wrongfully takes a handful of land (from that of a Muslim) such an oppressor, Allah will raise up with seven earths (around his neck) on the Day of Judgment.”
Furthermore, Islam mandates that the oppressor must return the amount he has unlawfully confiscated from the land or property of other Muslims or, alternatively, he will be forced to pay the value of the unlawfully appropriated property. Further, in such a situation, the oppressor will be sentenced to flogging by the Muslim judge. Islam empowers the owner of the land or property to defend everything that is his own, up to the point where he would have to kill the oppressor. If the owner kills the oppressor, then he would not be killed for the murder if he can prove that it was done in defense of his property. On the other hand, if the oppressor kills the owner in defense of his property, then the killed owner is a martyr.
This is based on the statement of the Messenger of Allah (Peace be upon him): he protection of offspring: Islam attaches particular importance to the multiplication of humanity and the preservation of the human race on earth. This race of man has been entrusted with the leadership of the entire earth and the representation of divine wisdom, to serve as vice-regent of Allah Almighty on the earth. For this reason, stopping reproduction in any way, stopping it in any way or manipulating it to reduce it without a legitimate reason is an unlawful act according to Islam.
Allah Almighty says in the Quran al-Karim Surah Al-Baqarah (The Cow) 2:205, which can be translated in meaning as follows: (When he turns away, he endeavors to wreak havoc all over the earth, destroying the land and the offspring. And Allah does not love evil.)
For example, Islam prohibits abortion after the fourth month of pregnancy. Muslims believe that the soul is breathed into the fetus in the fourth month. However, if a difficult situation arises that threatens the mother's life, then it is not so bad to have a fetal abortion.
This is based on the statement of the Messenger of Allah (Peace be upon him): “...A fetus is formed in the form of semen in forty days. Then he is a blood clot (on the inside of the mother's uterus) for another forty days. Then an angel is sent down to breathe his soul into him. The angel is also charged with writing down the following four things (concerning the future life of the fetus on Earth): the fetus's (predestined) care, his/her term (life on Earth), and whether he/she will be successful will or will not be successful (on earth).”
So Islam considers it as premeditated murder for a pregnant mother to have an abortion after the soul has been breathed into the fetus (after four months of pregnancy). Such a murder entails punishment for both parents. Abortion due to ignorance requires at least blood money for the aborted fetus. This topic can be found in the Islamic Court Books.
Many sayings of the Messenger of Allah (Peace be upon him) have been narrated concerning the need for normal reproduction and maintenance of the human race and, if possible, an increase in the rate of reproduction.
Allah's Messenger (Peace be upon him) said: “Marry a loving, kind and fertile woman, for I want to be especially proud of you on the Day of Judgment.”
Protection of lineage: Islam attaches great importance to the family and the broad sense of family. The nuclear family forms the foundation and basis of society. In order to protect this family from break-up and dispersion, Islam pays particular attention to this unity of society. Lineage is one of the essential bonds of family. A relative will recognize the rights of his friends and relatives and fulfill his duty in an appropriate manner.
Allah (Almighty) established certain rules and laws that establish the basic rights of every family member. Furthermore, Islam protects the family from outside influences that can lead to such dispersal. Open relationships among family members who are legally allowed to marry each other can lead to many social family problems. Such open relationships between family members can, for example, lead to illicit marriages such as incestuous marriages or can lead to the loss of inheritance for those who have a right to it, and vice versa.
The Messenger of Allah (Peace be upon him) said: “Any woman who falsely adds a child to her household as a true child of her husband will not be considered a believer in Allah ((Almighty)). Furthermore, Allah (Almighty) will not allow such a woman to enter Jannah. Any man who falsely rejects his son while seeing him (knowing that he is truly his son), Allah will make a barrier between Himself and him (will not allow such a man to see Him).
Furthermore, Allah (Almighty) (on the Day of Judgment) will shock all of humanity with such a false statement from this person.”
The family system at the time of the pre-Islamic Jahiliya was corrupt. Islam brought thoughtful innovations. He destroyed all existing grievances.
Following are some things that Islam banned: Adopting a child: Islam prohibits the adoption of a child who is not one's own child of the man's blood. An adopted child will receive the family name of the adoptive father or parents and will be entitled to all the rights and obligations of their own real children.
This is based on the Quran al-Karim Surah Al-Ahzab (The Allies) 33:4-5, which can be translated in meaning as follows: (Allah has not given a man two hearts within himself, nor has He made those of your wives, from whom you divorce with the formula that they are forbidden to you like the backs of your mothers, to be your (real) mothers, nor has He yours adopted sons become your (real) sons. This is just talk from your mouths; But Allah speaks the truth and shows (you) the way. Call them (your adopted sons) after their fathers.
That is fairer before Allah. But if you do not know their fathers, they are your brothers in the faith and your charges. And if you have fallen short of it by mistake, it is no sin on your part, but (sin is) only what your hearts do intentionally. And Allah is indeed Most Forgiving, Merciful.)
Recognizing a child as a son/daughter: A father must openly declare that the child (out of wedlock) is truly his legal child in order for the child to be attributed to his parentage. Islam banned giving a child to a man without the father's approval, because such an assertion endangers marital relationships as well as family life. More than that, such a thoughtless assertion gives the man (who may or may not be a husband) the power to follow his whims and personal desires and assert what he pleases. Then the woman (who could be a wife in this case) is exposed as the subject of false accusations. This tarnishes her honor, dignity and pride when she is accused of illicit sexual relations with a man other than her own husband.
Furthermore, such a claim could create a rift between the rest of the children in the family and divide the lineage of that particular family if pure children are mixed with illegitimate ones. Islam therefore prescribes that any child born who is the legitimate product of a marriage contract is awarded to the father without the need for further proof or denial. A woman's husband does not need to publicly declare that the child is his. Such an explanation seems superfluous and unnecessary.
This course of action is based on the statement of the Messenger of Allah(Peace be upon him): “A child born (as a result of a lawful marriage) belongs (in lineage) to his father.”
The only exception to this rule is when it is proven beyond doubt that the wife is cheating on her husband and is pregnant by a man other than her own husband. In such a case, special rules and rulings are applied. We cannot cover all of these rules in this book.
“Khal'a” or violated: This is the case when a father discovers perfectly that some of his children, who were assigned to him, are not really his. For after casting out such a person or persons, he becomes as an absolute stranger to them.
This means that if one of these rejected people is female, she is no longer allowed to appear before him, travel with him, live with him or associate freely with him.
Change of woman's surname after marriage: After marriage, a Muslim woman retains her family name in accordance with Islamic law. According to Islamic teachings and laws, a woman is forbidden to bear her husband's surname after marriage. If one looks at it properly, one can understand the great honor, dignity and respect for the freedom given to women in Islam. More than that, this course of action maintains the equality and equality of the Muslim woman with the Muslim man in the right to bear her own independent name and not become a follower of her husband's surname immediately after marriage.
Protect and honor the rights of the weak and disabled: Islam honors the older members of Islamic society, respecting and supporting them whenever possible. Individuals who have dedicated their lives for the good of society and the nation must be truly honored and respected. Similarly, the disabled who have been tested and tempted by Allah (Almighty) with such difficulties are also to be respected. They are disabled - and Allah knows best - in order to test their patience and to benefit others who, when they see them, will appreciate Allah's grace upon them as healthy people who have the proper functioning of their bones and Organs can enjoy.
This is based on the statement of the Messenger of Allah (Peace be upon him): “The one who shows no mercy to our youngest and no respect to our elders will not be considered one of us Muslims.”
Furthermore, this course of action is based on the hadith of the Messenger of Allah (Peace be upon him): “A young man will never show respect and honor to an elder in his old age, ohne that Allah Almighty will repay that person in his old age. Allah (Almighty) will help people who respect such a respectful young man in his old age when he needs it most.”
As for the helpless orphan who really needs help and careful care, Allah Almighty says in the Quran al-Karim Surah Ad-Duha (The Morning) 93:9, which can be translated in meaning as follows: (As for the orphan, do not oppress him.)
And Allah Almighty also says in the Quran al-Karim Surah Al-Isra (The Night Journey) 17:34, which can be translated in meaning as follows: (And do not touch the goods of the orphan except for his own good until he reaches maturity. And keep the commitment; because the obligation must be accounted for. )
Furthermore, Allah Almighty says in the Quran al-Karim Surah An-Nisa (The Women) 4:10, which can be translated in meaning as follows: (Truly, those who consume the goods of orphans unjustly, they (in reality) draw fire into their bellies and will burn in hellfire.)
Finally, Allah (Almighty) is committed to protecting the rights of innocent children whose parents, due to poverty and absolute ignorance, could commit a crime against them by killing them.
Allah (Almighty) says in the Qur'an al-Karim Surah Al-An'am (The Cattle) 6:151, which can be translated in meaning as follows: (Say: “Come, and I will read what your Lord has forbidden you: You shall not associate anything with Him, and you shall show kindness to your parents; and you should not kill your children out of poverty, We care for you and for them. You shall not approach iniquities, whether they be obvious or hidden; and you shall not kill anyone whose life Allah has made inviolable, except when it is lawful. This is what He has commanded you, that you may understand.)
In this we can see the protection of the weak, gullible and less wealthy people of Islamic society.
The protection and security of national assets: All hidden, underground and reserved national sources are public property. This does not mean that everyone has direct access to use them as they wish, but rather the equivalent value obtained from these natural sources must flow into the Islamic Government's treasury. The Treasury will provide money to meet the needs of the public. Such sources must not be privately owned by a particular group or class or people or individuals with a special merit. Such sources are the property of the public and intended for public benefit and welfare. It becomes the collective responsibility of the Islamic Society to be on the lookout for any troublemaker or troublemaker and to report this to the Islamic authorities so that their safety can be further ensured. According to Islamic teachings and principles, any unlawful exploitation of natural resources is prohibited.
Allah Almighty says in the Quran al-Karim Surah Al-Baqarah (The Cow) 2:60, which can be translated in meaning as follows: (And do no harm on earth.)
Furthermore, this is based on a tradition from the Messenger of Allah(Peace be upon him): “People are partners in three things. These things are: water, grassland and fire (fuel).”
Public and private law in Islam: Islam strives to strengthen social bonds between members of the Islamic society. That is why Islam mentions the rights of immediate family members first. In Islam, all relatives have rights towards each other. The value and importance of such rights depends on the degree of relationship.
Allah Almighty says in the Quran al-Karim Surah An-Nisa (The Women) 4:1, which can be translated in meaning as follows: (O people, fear your Lord, who created you from a single being; and from him He created his wife, and from them he created many men and women. And fear Allah, in whose name you ask one another, and (in the name of) your blood relations. Verily Allah is watching over you.)
Furthermore, Islam does not reject ordinary bonds. Numerous connections among people form a network that connects people or brings them closer together socially. Distanced people need some kind of bond that brings them closer together in a closed network to help each other. In this way, Islam creates a basis for a cohesive society. Allah Almighty says in the Quran al-Karim Surah Al-Hajj (The Pilgrimage) 22:41, which is translated as follows (Those who, when We have given them supremacy on earth, perform prayer and pay Zakat and enjoin good and forbid evil, (may Allah help them). And Allah determines the outcome of all things.)
This type of strengthening of connections is also based on a tradition from the Messenger of Allah (Peace be upon him): “The example of the believers in their love, affection, cooperation and cooperation is that of a body: when one organ of the body is in pain, the whole body will support the one in pain by remaining awake (as a defense against attack by foreign bodies) and feverish (a Condition showing the cooperation of the entire body in defense against invading microorganisms or diseases).”
For this reason, there are many well-established public and private rights in Islamic society. We will highlight the most important ones. |
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