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Necessity of seeking Shari`ah judgment concerning hijackers
Page 272
All praise be to Allah! May Allah's peace and blessings be upon our Prophet, his family, his Companions and those who follow his guidance! To proceed;
It is well­known for anyone who has the least insight that hijacking planes and blowing up embassies and other buildings are some of the most wicked crimes in the world that have bad sequences, severe harms and disturbance to the innocent people.
It is clear to all that the harm and evil of such crimes do not inflict one country or one community alone, but they inflict the whole world.
But no, by your Lord, they can have no Faith, until they make you (O Muhammad ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission.
Do they then seek the judgement of (the days of) Ignorance? And who is better in judgement than Allâh for a people who have firm Faith.
O you who believe! Obey Allâh and obey the Messenger (Muhammad ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ), and those of you (Muslims) who are in authority. (And) if you differ in anything amongst yourselves, refer it to Allâh and His Messenger (ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ), if you believe in Allâh and in the Last Day. That is better and more suitable for final determination.
Muslim scholars (may Allah be merciful with them) unanimously agreed that referring a disputable matter to Allah means referring it to the Holy Qur'an and that referring a disputable matter to the Messenger means referring it to him personally during his lifetime and to his Sunnah after his death (peace be upon him).
And in whatsoever you differ, the decision thereof is with Allâh (He is the ruling Judge).
Any country that arrests hijackers must judge among them by Allah's Shari`ah, as their wicked crime violates many rights of Allah and His servants, many harms and grave evils.
And so judge (you O Muhammad ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ) among them by what Allâh has revealed and follow not their vain desires
And if you judge, judge with justice between them. Verily, Allâh loves those who act justly.
Accordingly, a country taken as a refuge by hijackers should form a committee consisting of Shari`ah scholars to consider such a case in full.
Those scholars should judge such cases in accordance with the evidence mentioned in Allah's Holy Book and the Sunnah of His Prophet (peace be upon him). They should seek insight with the opinions of Shari`ah scholars on the Qur'anic Ayah tackling the question of banditry in Surah Al­Ma'idah. They have to obtain enlightenment through the scholars of each school of Fiqh with regard to the religious ruling on bandits.
Have you not seen those (hypocrites) who claim that they believe in that which has been sent down to you, and that which was sent down before you, and they wish to go for judgement (in their disputes) to the Tâghût (false judges) while they have been ordered to reject them. But Shaitân (Satan) wishes to lead them far astray. And when it is said to them: "Come to what Allâh has sent down and to the Messenger (Muhammad ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ)," you (Muhammad ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ) see the hypocrites turn away from you (Muhammad ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ) with aversion.
And if you obey most of those on the earth, they will mislead you far away from Allâh's Path. They follow nothing but conjectures, and they do nothing but lie.
Do they then seek the judgement of (the days of) Ignorance? And who is better in judgement than Allâh for a people who have firm Faith.
And whosoever does not judge by what Allâh has revealed, such are the Kâfirûn (i.e. disbelievers of a lesser degree as they do not act on Allâh's Laws).
And whosoever does not judge by that which Allâh has revealed, such are the Zâlimûn (polytheists and wrong­doers ­ of a lesser degree).
And whosoever does not judge by what Allâh has revealed (then) such (people) are the Fâsiqûn [the rebellious i.e. disobedient (of a lesser degree) to Allâh].
Due to the grave danger of such a crime, I have seen that it is necessary for me to direct this message as a piece of advice to the Muslim nation so as to free myself from sin and remind all Muslims of such a great obligation and as a sort of cooperation with the officials in righteousness and piousness.
It is Allah Alone Who can settle the affairs of all Muslims, guide them to the Straight Path, guide the Muslim governments to judge by the Shari`ah and to adhere to it in all their affairs, as He is the Most Generous and the Most Beneficent!
May Allah's Peace and Blessings be upon His Servant and Messenger, our Prophet Muhammad, his family and Companions!