Article (4):

Introduction to Article (4):

  This article further explains the contradiction between this court sentence insulting to Islam and contradicting the main principle of the Islamic/Quranic sharia; namely, to preserve the sanctity of the human soul and to maintain the right to live. Details of this explanation is found below.

Article (4): This Insulting Court Sentence Contradicts the Right to Live, One of the Main Principles of the Real Islamic Quranic Sharia:

Firstly: the general rule in the Quran asserting the right to live and prohibiting killing outside retribution against murderers:

1- Sharia details in the Quran were revealed when Muhammad resided in Yathreb, where he established the city-state that plied real Islam: the Quran alone. Rules with details in sharia laws in the Quran increased in revelations in Yathreb in comparison to verses revealed in Mecca. Among those rules is the right to live; to preserve and protect human life, as putting to death in Islam is allowed only in and confined to one case: to retaliate against murderers. This calls for further explanation in the points below.   

1/1: The Quranic rule of the right to live is expressed in the Arabic linguistic restrictive style of confining, i.e., using  words such as ''except'' and ''but'', adopted in faith tenets such as follows: "Know that there is no God but Allah…" (47:19). "…Is there a creator other than God…?" (35:3). Using the same linguistic restrictive style of confining in Arabic, we see the rule of the right to live in the following verses: "…and that you do not kill the soul which God has sanctified-except in the course of justice…" (6:151), this verse is in the context of the Quranic Ten Commandments. "And do not kill the soul which God has made sacred, except in the course of justice…" (17:33). "…and do not kill the soul which God has made sacred-except in the pursuit of justice…" (25:68). 

1/2: the word ''sacred'' in the above verses asserts that God prohibits killing in all cases, except when murderers are put to death as retaliation; this is true justice sought by the Quranic sharia laws, revealed by God the Just, True Lord. Hence, the Quran is described as the Truth: "With the truth We sent it down, and with the truth it descended…" (17:105). This retaliation or retribution against murderers is meant to preserve life as well; those who desire to kill or commit murder will think twice if they know penalty for such heinous crime in this life and in the Hereafter in Hell; hence, they will refrain from committing this terrible crime and save their souls as well as souls of victims. This meaning is expressed in the following verse: "There is life for you in retaliation, O people of understanding, so that you may refrain." (2:179).  Of course, the principle of the right to live is expressed many times in the Quranic verses revealed in Mecca, and the chance to apply them came within the Yathreb city-state, with more details about retribution on two levels: to punish killers and to fight within self-defense against aggressors.  

Secondly: details of Quranic legislation of retribution in crimes of murder:

1- Human legislations now in the 20^th and 21^st centuries stop the capital punishment in some cases, as ''an eye for an eye'' and ''a soul for a soul'' are rules that might not be always applied indiscriminately; this is called for by the Quranic text revealed 14 centuries ago. We know from the Quran that the rule in Torah legislation was as follows: "And We wrote for them in it: a life for a life…" (5:45). This context relates to Israelites and Torah as 5:43-44 refers to them clearly. We conclude them that the Torah rule of a life for a life is NOT for Quranists or Quran-believing people; even prophet Muhammad has been told in 5:43-44 that the Israelites should have used Torah rules and should not have asked him about that. Quranic sharia alleviates this Torah rule about a life for a life; for Quran-believing people, retribution might be avoided if the murdered one's family accepted from the murderer diyya money (i.e., compensation) as alleviation to show mercy, with reward of Paradise from God to charitable ones and painful punishment in Hell for aggressors who transgress God's limits: "O you who believe! Retaliation for the murdered is ordained upon you: the free for the free, the slave for the slave, the female for the female. But if he is forgiven by his brother in humanity, then grant any reasonable demand, and pay with good will. This is a concession from your Lord, and a mercy. But whoever commits aggression after that, a painful torment awaits him." (2:178). This differs from Torah rule mentioned before in 5:45, as the Quranic rule in 2:178 has more mercy to preserve more lives.    

2- Of course, fearful punishments are mentioned for those who frequently committed murders and did not repent and stop their crimes, also in the linguistic Arabic restrictive style of confining in 5:33-34, in case of waging war against such aggressors and defeating them, but alleviation in 2:178 is also a possible option when necessary and if applicable in certain cases.

3- Of course, punishments mentioned in 5:33-34 are reserved for frequent aggressors an criminals who show no signs or repentance at all, and the present tense in these verses signal continuity of such crimes, especially when linking their heinous crimes to religion as pretext or justification, as this is unpardonable by God (for instance ISIS, Al-Qaeda, MB terrorists, etc.). Some might perceive these punishments as merciless, but they are just, as such type of criminals commit injustices against both people and God. Let us ponder on 5:33-34 in light of what we have written in the above lines: "The punishment for those who fight God and His Messenger, and strive to spread corruption on earth, is that they be killed, or crucified, or have their hands and feet cut off on opposite sides, or be banished from the land. That is to disgrace them in this life; and in the Hereafter they will have a terrible punishment. Except for those who repent before you apprehend them. So know that God is Forgiving and Merciful." (5:33-34). Such criminals and corruption-seekers deserve the following Quranic description: "Who does greater wrong than someone who fabricates lies about God or denies His revelations? The criminals will never prosper." (10:17).  

4- Hence, in tackling 5:33, we are talking about overlapping and complex set of crimes: murder based upon fabricated erroneous sharia ascribed falsely to God; this is against 25:68 and 17:33, and that is why punishments are harsh in 5:33 in this world and the Hereafter.  

5- The Quranic context of this legislation is linked to the very first crime in the history of humanity, when Adam's son killed his brother, as the killer allowed himself to murder his innocent brother, and this killer deserves Hell; see 5:27-30. "…Say, "The losers are those who lose their souls and their people on the Day of Resurrection." That is indeed the obvious loss." (39:15). "…The losers are those who lost themselves and their families on the Day of Resurrection." Indeed, the evildoers are in a lasting torment." (42:45).

6- Adam's son when he killed his innocent brother did not invent  sharia to oppose God's law; he desired to kill him and he did just that. What about, then, those who issued  court sentence to put to death to persons who never killed anyone based on man-made Wahabi sharia that oppose the Quranic sharia of God? That is why God allowed retribution against murderers in 5:32 (using present tense to assert continuity) for the Israelites in the Torah; as issuing verdicts to murder innocent souls will allow criminals to commit more murders and corruption would spread on the face of the earth. Hence, Wahabi fatwas (verdicts or edicts) of killing persons must be faced by real correct fatwas to clear God's sharia from Wahabi falsehoods to save souls of people who would be killed within Wahabi jihad. Terrorist MB Wahabis are issuing death verdicts against innocent ones who never killed anybody, and they ascribe their terrorist views to God Himself; these Wahabis indeed deserve punishments in 5:33-34.    

7- The Quranic sharia asserts absolute religious freedom in terms of faith tenets, call, reaching, proselytization, and performing rituals, as long as no compulsion, coercion, or force is used, especially violence and massacres of innocent people. Hence, hypocrites in the Yathreb city-state enjoyed full liberty to oppose Islam vociferously and peacefully in defiance of believers within atmosphere of freedom of expression: "The hypocrite men and hypocrite women are of one another. They advocate evil, and prohibit righteousness…" (9:67). Believers did just the exact opposite in full liberty as well: "The believing men and believing women are friends of one another. They advocate virtue, forbid evil…" (9:71). The freedom of hypocrites reached the extent of verbal abuse and harm of Muhammad and plotting against believers; they even built a harm-causing mosque that was a center of spreading slanders, rumors, and anti-Islam propaganda and plotting against Muhammad and early Muslims especially by forming secret alliance with the enemies. Hypocrites even made this center the location of courts and trials outside the authority of the Yathreb city-state they lived in. Of course, the Quranic revelations have condemned this and commanded to avoid such people; yet, God never commanded to punish such hypocrites at all by any means. God has promised in the Quran that hypocrites will reside inside the inner depths of Hell, if they died without repentance. Hence, hypocrites had absolute religious freedom and freedom of expression as well as absolute political opposition in terms of acts and words, as long as no fighting or aggression was committed; otherwise, if some fought and killed innocent ones, the religious duty of self-defense fighting was due, especially when aggressive armies came from Mecca to fight dwellers of Yathreb at the time. More details on that subject of self-defense fighting in the Quranic sharia will be tackled below. We have mentioned above that habitual murderers deserve punishments of 5:33-34 and how the Torah of Israelites had 5:32, and how God prohibits in the Torah and the Quran murdering of innocent ones.             

8- God cares for the right to live as we discern from the Quranic sharia laws; even security and safety in Mecca during the pilgrimage season is a must and a religious duty, as God prohibits violence of any sorts at such times, called the four sacred months, unless in cases of self-defense: "The number of months, according to God, is twelve months-in the decree of God-since the Day He created the heavens and the earth, of which four are sacred. This is the correct religion. So do not wrong yourselves during them. And fight the polytheists collectively, as they fight you collectively, and know that God is with the righteous. Postponement is an increase in disbelief-by which those who disbelieve are led astray. They allow it one year, and forbid it another year, in order to conform to the number made sacred by God, thus permitting what God has forbidden. The evil of their deeds seems good to them. God does not guide the disbelieving people." (9:36-37). What about religious terrorists of our modern age?! Let us remember the incident of Wahabi terrorists who occupied the Kaaba Sacred Mosque, in Mecca, in 1979, led by Juhayman Al-Otaybi. This terrorist act was against the Quranic teachings that entail security as a duty in that sacred location. These terrorists committed their aggression during sacred months, a habitual sin traditionally committed by other criminals throughout the past centuries, and even during Ramadan. The same sin is committed now (Dec. 2012 A.D./ Muharram 1434 A.H.) by the terrorist MB ruling Egypt, as they kill and beat  peaceful Egyptian protesters who demand their legal right of freedom. In our view, he terrorist MB deserve punishments mentioned in 5:33-34.         

Thirdly: details of Quranic legislation of self-defense fighting:

 We discern the religious duty of self-defense fighting as retribution and retaliation, with the aim of stopping aggressors and impose a restoration of peace, in the following verses: "And fight in the cause of God those who fight you, but do not commit aggression; God does not love the aggressors." (2:190). "The sacred month for the sacred month; and sacrilege calls for retaliation. Whoever commits aggression against you, retaliate against him in the same measure as he has committed against you. And be conscious of God, and know that God is with the righteous." (2:194). More explanation is presented below.

1- In a given Islamic country, the one that applies the Quran truly, any citizen is a ''Muslim'' as long as he/she are peaceful, regardless of their beliefs or even lack of them. This is the meaning of Islam in terms of overt behavior: submission to peace and peaceful demeanor. As for ''polytheists'' or ''disbelievers'' in such a given country, they are the ones who commit aggressions of any sorts, regardless of their beliefs or even lack of them. The worse type of aggressors are the ones who uses religious mottoes as pretext to massacre the innocent people and force any religious notions on people on pain of death/imprisonment, and consequently persecute others. Such sins are committed by Wahabis now; hence, self-defense military fighting against them is a religious duty as per the Quranic teachings; peaceful believers must engage into self-defense military fighting against aggressors to deter them; peaceful believers never begin aggression; rather, they defend themselves and deter aggressors to stop them from harming the innocent, as peaceful believers apply Quranic teachings know that God never likes aggressors: "And fight in the cause of God those who fight you, but do not commit aggression; God does not love the aggressors." (2:190), and they seek God's help to make them attain victory over the aggressors, who are deemed disbelievers in terms of their aggressive behavior, NOT in terms of their faiths or even lack of faith of any type: "…You are our Lord and Master, so help us against the disbelieving people." (2:286).       

2- Hence, ''believers'' in a given Islamic country are all peaceful citizens who adhere to security and safety, regardless of their faiths and sects, or being atheists, and God commands us, peaceful believers,  in the Quran to adhere to peace and to avoid and shun devilish traps that urge them to commit violence, aggressions, and violations of rights, especially the right to live: "O you who believe! Enter into peace, wholeheartedly, and do not follow the footsteps of Satan; he is to you an outright enemy." (2:208). To have a set of beliefs or any other religion apart from Islam (the Quran) is NEVER a barrier to be a citizen with full rights in a given Islamic country that really applies Quranism; as long as citizens are peaceful, their religious freedom is an individual choice and personal responsibility only before Almighty God in the Last Day. Within a given Islamic country, the State has nothing to do with citizens' faiths and should never interfere in such matters at all. Hence, peaceful citizens are ''believers'' in terms of peaceful demeanor, and in the Yathreb city-state, they were called as believers (i.e., peaceful ones) by God to believe in terms of faith in the Quran: "O you who believe! Believe in God and His messenger, and the Book He sent down to His messenger, and the Book He sent down before…" (4:136). In this verse, the word ''believe'' is used twice; the first time is to indicate peaceful persons, and the second time is to indicate urging them to accept faith as per the Quran. In the same verse, which was revealed in Yathreb, God has warned them against shunning the Quran. "… Whoever rejects God, His angels, His Books, His messengers, and the Last Day, has strayed far in error." (4:136). This means that in Yathreb at the time, some peaceful ones adhered to polytheism and they worshipped pagan idols. Among the last verses to be revealed is this one urging them to avoid bad un-Islamic habits: "O you who believe! Wine, gambling, idolatry, and mausoleums are abominations of Satan's doing. Avoid them, so that you may prosper." (5:90). This shows a historical fact often overlooked and ignored by historians who study this period; namely, some companions of Muhammad, away from circles of hypocrites, still drank wine, gambled, and worshipped mausoleums, pagan idols, and 'holy' tombs. God addresses them in 5:90 as ''those who believe'', meaning that they were peaceful non-violent ones. It is noteworthy that God never commands the demolishing of such 'holy' locations; the order here is to avoid them so as to be among prosperous ones in the Hereafter. Let us ponder upon the following verse: "Satan wants to provoke strife and hatred among you through intoxicants and gambling, and to prevent you from the remembrance of God, and from prayer. Will you not desist?" (5:91). We deduce here that the question by the end of 5:91 implies that those persons were addicted to such un-Islamic habits that contradict the Quran, despite their peaceful behavior. Therefore, God has addressed them as ''those who believe'', because they were peaceful non-violent citizens of Yathreb who enjoyed complete religious freedom; God only has warned beforehand for their own good, as Muhammad had no authority nor control over them; he was to convey the Quranic message to them: "Obey God and obey the Messenger, and be cautious. If you turn away-know that the duty of Our messenger is only clear communication." (5:92).            

3- Hence, in a given Islamic country that really applies Quranism, what it is vital is peace and stopping violence and bloodshed of its citizens within dealings inside the country as well as while facing an outside aggressors or enemies. This Quranic peaceful country must be strong, powerful, and mighty to deter potential aggressors in the first place, thus achieving peace and stopping bloodshed from occurring: "And prepare against them all the power you can muster, and all the cavalry you can mobilize, to terrify thereby God's enemies and your enemies…" (8:60).   

4- If aggressors stopped their evil, Muslims must stop fighting them, as was is linked only in cases of aggression that call for self-defense: "But if they cease, then God is Forgiving and Merciful. And fight them until there is no oppression, and worship becomes devoted to God alone. But if they cease, then let there be no hostility except against the oppressors." (2:192-193). God promises aggressors pardon if they cease their aggression: "Say to those who disbelieve: if they desist, their past will be forgiven. But if they persist-the practice of the ancients has passed away. Fight them until there is no more persecution, and religion becomes exclusively for God. But if they desist-God is Seeing of what they do." (8:38-39).

5- If aggressors tend toward peace, real believers should respond positively to the call for peace, trusting their Lord all the time: "But if they incline towards peace, then incline towards it, and put your trust in God. He is the Hearer, the Knower." (8:61). This must be even when aggressors might be deceiving the believers, as God supports peace-seekers and peace-makers, in faithfulness and in the fear of God, relying on Him: "If they intend to deceive you-God is sufficient for you. It is He who supported you with His aid, and with the believers." (8:62). All peace forces must be united and allied to one another against evil aggressors to stop violence, bloodshed, and persecution, especially religious persecution, to stop corruption on earth: "As for those who disbelieve, they are allies of one another. Unless you do this, there will be turmoil in the land, and much corruption." (8:73).  

6- Engaging in wars against aggressive attackers, real believers must spare ordinary soldiers who surrender in battlefield willingly: "And if anyone of the polytheists asks you for protection, give him protection so that he may hear the Word of God; then escort him to his place of safety. That is because they are a people who do not know." (9:6), and POWs are to be released as a kind act of charity, i.e., released for free, or in return for ones captured by the enemy: "When you encounter those who disbelieve, strike at their necks. Then, when you have routed them, bind them firmly. Then, either release them by grace, or in return for your captured ones, until war lays down its burdens…" (47:4).

7- Engaging in wars against aggressive attackers, real believers must spare ordinary soldiers in battlefields who utter the word of peace, even if they before killed Muslims; this is God's sharia, as we read in the following verse: "O you who believe! When you journey in the way of God, investigate, and do not say to him who offers you peace, "You are not a believer," aspiring for the goods of this world…" (4:94). The word ''believer'' here means also a peaceful one. Peaceful ones are not to be killed at all, unless by accident (i.e., manslaughter), with religious duty imposes special means of atonement in such cases, in the following verse: "Never should a believer kill another believer, unless by error. Anyone who kills a believer by error must set free a believing slave, and pay compensation to the victim's family, unless they remit it as charity. If the victim belonged to a people who are hostile to you, but is a believer, then the compensation is to free a believing slave. If he belonged to a people with whom you have a treaty, then compensation should be handed over to his family, and a believing slave set free. Anyone who lacks the means must fast for two consecutive months, by way of repentance to God. God is All-Knowing, Most Wise." (4:92). As for intentional killings of peaceful ones, Hell for eternity is the punishment for murderers, even if they escaped retribution in this life: "Whoever kills a believer deliberately, the penalty for him is Hell, where he will remain forever. And God will be angry with him, and will curse him, and will prepare for him a terrible punishment." (4:93). 

Lastly:

  What do you think now of the devilish MB terrorists and their Wahabi sharia that allows them to kill Egyptian free citizens these days (Dec. 2012)?! The last article in this book is posing this question: who does harbor more animosity toward Islam: Morsi or Morris?