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Mirza Ghulam Ahmad was considered a Kafir in 1884, before his wild claims

Intro
Ahmadis will be seen running around making many false arguments.  They are brainwashed to learn these arguments, so thus, they never listen or seek to understand why people don’t believe in Ahmadiyya, aka the Mirza family business.

New research from Upal (2017) proves that MGA was called a Kafir even before his wild claims!
All of the research work on Ahmadiyya up to 2016 indicated that MGA was only called a Kafir in 1891, as he claimed to be the second coming of Esa (as).  However, new research from Upal proves that MGA was called a Kafir as early as the 1880–1884 era (see page 126).  This was during the time that MGA was affiliated with the Ahle-Hadith aka Wahhabis of India.  However, it should be noted that in 1891, MGA also did Takfir on any and all Muslims who believe in Abrogation or that Muhammad (Saw) isn’t the final prophet.  MGA was denying a claim to prophethood in this era, in fact, he kept on denying it until Nov. of 1901, when he finally claimed prophethood and in a round about way.

Batalvi’s comments from 1884 on MGA being called a Kafir
As we know, the Ahle-hadith circles in British-India donated heavily towards MGA’s Braheen-e-Ahmadiyya.  They were not impressed, in fact, the husband of the Queen of Bhopal tore up the Braheen-e-Ahmadiyya (we are not sure what year or which volume) and sent it back to Qadian in disgust.  They were offended!!!  MGA’s denied all the miracles of Esa (As) and was disrespecting a high-ranking Messenger of Allah.

Upal (2017) writes
Page 126

“””While Nawab Sidiq Khan had criticized Braheen because of its anti-Christian
views, a number of other Muslim leaders saw in it claims that ran counter to their
understanding of Islamic doctrine. These included Amritsar and Ludhiana’s Muslim
leaders who issued a fatwa of kufr against Ahmad and went around India to collect
signatures from other Muslims to the same effect (Batalavi, 1884: 170). Ahmad’s friend,
Muhammad Hussain Batalavi, took upon himself to reply to this criticism through
his Ishat-us-Sunnah magazine. He devoted a whopping one hundred and fifty three
pages of Issue Nine and Ten to respond to each of these criticisms with well researched
arguments. The amount of time, effort, money, and his personal capital, Batalavi spent
on defending Ahmad reveals the extent of their ideological and social connections.
The review also reveals Batalavi’s perceptions of Ahmad. Batalavi clearly identifies
with Ahmad as a fellow Punjabi Ahl-e-Hadith who is willing to spend considerable
resources to defend Islam. He also sees Ahmad as more rural, less educated, less
sophisticated, and less successful than himself. He sees Ahmad as “a Punjabi who has
never had the opportunity” to live in the cosmopolitan cultural centers of Hindustan,
“who hasn’t had the occasion to read Urdu literature” and therefore is not able to write
“refined Urdu vernacular” (Batalavi, 1884: 346). There are also hints of a noble savage in
Batalavi’s perceptions of Ahmad as he sees Ahmad as someone who is so overcome with
religious fervor and zeal that “he’s unable to hold back” from including his unrelated
revelations in the Braheen (thereby lengthening it and “increasing publication
costs”), and someone who doesn’t understand that the “current civilization” demands
refraining from crudely attacking one’s enemies (Batalavi, 1884: 346).
Batalavi touts his personal knowledge of Ahmad’s beliefs beyond the words
written in Braheen to defend Ahmad. Answering the accusation that some of Ahmad’s
English revelations are grammatically incorrect, Batalavi says, “When I met the
author who visited the city of Batala, where I am now, I asked him, ‘when you receive
revelations in English, are you shown English alphabets or Persian alphabets?’ He
responded that he is shown English sentences written in Farsi script. That’s when
I became sure of my suggestion that the mistake lies in the author’s perception…
and not the divine revelation” (Batalavi, 1884: 291). Ahmad’s ignorance of English
and his miracle of English revelations will attract English speaking Christians and
Hindus to Islam argues Batalavi. It’s clear that Batalavi sees the younger Ahmad as
his junior, albeit more zealous, friend in need of assistance. Batalavi sees himself
as heroically defending Ahmad with his superior knowledge of Quran, Hadith, and
Islamic traditions. Since Batalavi does not see Ahmad as his competitor, he holds
nothing back in defending him.”””

In the Braheen-e-Ahmadiyya, vol. 3, 1883, MGA claimed that 9:32 was revealed to himself
In this era, MGA began faking revelations onto himself in great abundance.  In fact, he applied 9:32 onto himself and without a commentary, later on in 1901, he would claim that the word Messenger in this verse and subsequently to the revelation of MGA in 1883, was an indication of MGA’s prophethood.

Links and Related Essays

https://ahmadiyyafactcheckblog.com/2018/02/17/mirza-ghulam-ahmad-quoted-and-commented-on-178-in-1884-in-the-braheen-e-ahmadiyya-vol-4-he-then-connected-178-with-the-return-of-the-messiah/

https://ahmadiyyafactcheckblog.com/2018/02/03/in-1884-before-his-wildest-claims-mga-defined-inni-mutawafeeka-wa-raffa-as-i-shall-give-you-full-reward-and-shall-raise-you-towards-me/

https://ahmadiyyafactcheckblog.com/2017/12/09/mirza-ghulam-ahmad-was-accused-of-claiming-prophethood-in-the-1879-1884-era/

https://ahmadiyyafactcheckblog.com/2017/12/09/muhammad-hussain-batalvi-gave-mirza-ghulam-ahmad-a-glowing-review-in-1884/

https://ahmadiyyafactcheckblog.com/2017/06/17/nooruddin-urged-mirza-ghulam-ahmad-to-make-the-claim-of-being-like-the-messiah-1882-1884-era/

https://ahmadiyyafactcheckblog.com/2018/12/25/mirza-ghulam-ahmad-vs-molana-muhammad-hussain-batalvi-and-muslims-leaders-in-british-india-in-august-of-1891/

https://ahmadiyyafactcheckblog.com/2017/07/16/the-queen-of-the-princely-state-of-bhopal-invested-heavily-1878-into-mirza-ghulam-ahmad-and-his-braheen-they-were-disappointed-by-the-product/

Tags
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In 1884, before his wildest claims, MGA defined Inni-Mutawafeeka, wa Raffa as I shall give you full reward and shall raise you towards Me



Intro

Most Ahmadis on social media have no idea what MGA wrote, this is evident when we give counter-arguments and they quickly deflect to other topics or other lines of argumentation. They deflect for a number of reasons.  #1–they lack the ability to think independently, aka critical thinking, Ahmadis rely on their Mullah’s to give them interpretations of MGA writings and the Quran, no other sources are even trusted.  #2–they know that they are lying and choose to be argumentative and defensive, not open and clear.

When Ahmadis argue that Esa (As) is dead, and its clear in the quran
We mention that if it’s so clear, why did MGA have the opposite belief until he was roughly 50 years old, aka 1891.  We continue to argue, if it is so clear in the Quran, why did MGA not understand sooner?  Per Ahmadiyya sources, MGA was reading the quran most likely everyday from at least age 10 to age 50.  Most Ahmadi’s freeze up at this point and deflect to other silly arguments.

Per MGA, by 1884, and per the quranic verse 3:55, muta-wafeeka doesn’t mean death and Raffa, in this context means to physically raise someone to heaven, i.e. towards Allah.

In the Braheen-e-Ahmadiyya vol. 4, while published in his own revelations and explaining them:

“””I shall give you full reward and shall raise you towards Me. I shall place those who follow you—that is, truly enter into the fold of the followers of Allah and the Messenger—above those who deny you until the Day of Judgment.””” Braheen-e-Ahmadiyya vol. 4, online english edition, page 398.

Mutawafeeka in 3:55 doesn’t mean FULL reward either
Another point to take notice of is the fact that MGA was already taking up the Sir Syed position as he wrote BA 1–4.  MGA claims to have written all 4 volumes of BA as early as 1879, the delay was only in publishing.  Nonetheless, we can see how MGA was slowly changing his claims, he was already asserting Mutawafeeka means something other then “capturing in fully, body and soul”.

This very same reference as recorded in Tadhkirah, 2009 online edition
Under a lengthy Arabic revelation, which starts off with “Inni-Mutawafeeka, wa rafia o ka…”

“””I shall give you full reward and shall raise you towards Me…”””

Tadhkirah, 2009 online edition refers to the Urdu version of BA-4
Barahin-e-Ahmadiyyah, part 4, pp. 510–521 sub-footnote 3,—Urdu
Ruhani Khaza’in, vol. 1, pp. 608–623 sub-footnote 3]—Urdu

MGA refers to this issue in 1898, in his book Ayyam us Sulah
“””In the Barahin-e-Ahmadiyyah I had mistakenly interpreted tawaffa as meaning ‘full reward’, which some of the maulavis cite as a criticism against me. They are not justified in this as I confess that I was mistaken in this. But there is no mistake in the revelation. I am a human being and am subject to human frailties such as mistake and forgetfulness like other human beings, though I know that God does not leave me under the influence of a mistake. I do not,
however, claim that I cannot be mistaken in an interpretation Divine revelation is free from mistake but man’s words are not free from the possibility of mistake, because forgetfulness and mistake are essential human characteristics.

[Ayyamus-Sulah, p. 41, Ruhani Khaza’in, vol. 14, pp. 271–272
See also Barahin-e-Ahmadiyyah, vol. 5, p. 73 footnote,
Ruhani Khaza’in, vol. 21, p. 93 footnote]
^^Taken from Tadhkirah, 2009 online edition, pages 118-119

The full Arabic revelation from BA-4, online english edition
اني متوفیك ورافعك اليَّ وجاعل الذین اتبعوك فوق الذین کفروا الی یوم القیٰمۃ ولا تھنوا ولا
تحزنوا و کان الّٰل بکم رءُوفًا رحیما۔ الا ان اولیاء الّٰل لا خوف علیھم ولا ھم یحزنون۔ تموت
وانا راض منك فادخلوا الجنۃ ان شاء الّٰل اٰمنین۔ سلام علیکم طبتم فادخلوھا اٰمنین۔ سلام
علیك جعلت مبارکا۔ سمع الّٰل انہ سمیع الدعاء انت مبارك في الدنیا والاخرۃ۔ امراض
الناس وبرکاتہ ان ربك فعال لما یرید۔ اذکر نعمتي التي انعمت علیك وانی فضلتك
علی العلمین۔ یاایتھا النفس المطمئنۃ ارجعی الی ربك راضیۃ مرضیۃً فادخلی فی عبادی
وادخلی جنتی۔ منَّ ربکم علیکم و احسن الی احبابکم وعلمکم مالم تکونوا تعلمون۔ وان
تعدوا نعمۃ الّٰل لا تحصوھا۔

Tafsir Ibn Kathir on 3:55
(55. And (remember) when Allah said: “O `Isa! I will take you and raise you to Myself and purify ﴿save﴾ you from those who disbelieve, and I will make those who follow you superior to those who disbelieve till the Day of Resurrection. Then you will return to Me and I will judge between you in the matters in which you used to dispute.”

Ibn Kathir goes on to write

“””I will take you) is in reference to sleep, for Allah raised `Isa while he was asleep.””

“””(For surely; they killed him not But Allah raised him up unto Himself. And Allah is Ever All-Powerful, All-Wise. And there is none of the people of the Scripture (Jews and Christians) but must believe in him before his death. And on the Day of Resurrection, he ﴿`Isa﴾ will be a witness against them.) ﴿4:156-159﴾

`His death’ refers to `Isa, and the Ayah means that the People of the Book will believe in `Isa, before `Isa dies. This will occur when `Isa comes back to this world before the Day of Resurrection, as we will explain. By that time, all the People of the Book will believe in `Isa, for he will annul the Jizyah and he will only accept Islam from people. Ibn Abi Hatim recorded that Al-Hasan said that Allah’s statement,””””

http://www.qtafsir.com/index.php?option=com_content&task=view&id=535&Itemid=46

MGA stole Sir Syed’s position on the death of Esa (As) in the 1889-1891 era

https://ahmadiyyafactcheckblog.com/2016/10/24/noorudin-and-abdul-karim-were-influenced-by-sir-syed/

https://ahmadiyyafactcheckblog.com/2016/10/27/sir-syeds-view-on-esa-as/

https://ahmadiyyafactcheckblog.com/2017/10/06/in-1880-khan-published-first-volume-of-his-tafsir-and-he-asserted-that-esa-as-was-dead-mga-copied-via-nooruddin/

In 1891, when MGA made his big claims, he denied prophethood–Mufti Sadiq was heavily involved

Intro
MGA denied prophethood as early as 1884, some ulema of India had already issued a Fatwa of Kufr.  As we have recently learned, MGA was already claiming to be the Messiah in 1889, Ahmadiyya leadership has always suppressed this data, the Ahmadi-mullahs lie about almost everything in their pursuit of gainful employment.  We can come across some additional data about MGA’s denial of prophethood in 1891, it is posted in the below.  This is a longer story…MGA and his team denied prophethood until November of 1901, and even a bit earlier to the summer of 1900.  A reader would have to be very well versed in the dynamic of the split to fully understand the brevity of this data.  Finally, it should be noted that MGA and his team vehemently denied prophethood using the argument that the word prophet should be replaces in all of MGA’s books and revelations to muhaddas.

Summary

In 1891 Mirza Qadiani had to flee from Ludhiana to Amritsar after a complaint was lodged against him for creating Law and order situation.From Ludhiana he came to Amritsar. Peoples of this city were against him too.

Mirza was so petrified that he sent Mufti Sadiq to offer prayer in the Masjid of Ghaznavi Scholars, Where Mufti Sadiq managed to have a meeting of Mirza Qadiani with Ahle Hadis Scholar Molvi Ahmadullah.

Mufti Sadiq a, close disciple of Mirza Qadiani writes in his book ZIKR E HABIB (screen shot attached), that:-

“During meeting Molvi Ahmadullah said to Mirza Qadiani that some of your writings reveal that you are a claimant of prophethood that is why peoples have turned against you. Hazrat SAHIB (MGQ) explained the actual meaning of his claim (ie he do not at all means actual prophethood). Molvi Ahmadullah sahib said ok you give us in writing that wherever the word nabuwwat appears in your writings, it does not mean Nabuwwat it means MOHADDISIYAT AND IN NO WAY IT IS AGAINST THE FAITH OF KHATM E NABUWWAT. Hazrat sahib immediately wrote this on a piece of paper and handed it over to Molvi Ahmadullah Sahib which was kept by Molvi sahib for showing to ulema who were to excommunicate MGQ because of his claims.”

Scans


Links and Related Essays
https://ahmadiyyafactcheckblog.wordpress.com/2016/10/16/the-causes-of-internal-dissensions-in-the-ahmadiyya-movement-by-kwaja-kamaluddin-1914/

https://ahmadiyyafactcheckblog.com/2018/08/01/prophethood-among-the-followers-of-muhammad-by-maulana-sayyid-muhammad-ahsan-of-amroha-oct-1913-in-tashhizul-azhan/

https://ahmadiyyafactcheckblog.com/2017/05/20/an-ahmadi-claimed-prophethood-in-late-1901-or-early-1902-and-was-boycotted-by-ahmadis-chiragh-din-of-jammu-jamooni/

https://ahmadiyyafactcheckblog.com/2016/09/30/maulvi-abdul-kareem-claims-prophethood-per-mga-maulvi-amrohi-disagrees/

https://ahmadiyyafactcheckblog.com/2019/01/13/what-is-arbain-a-book-by-mga-and-his-team-of-writers/

https://ahmadiyyafactcheckblog.com/2018/04/23/in-1891-when-mga-made-his-big-claims-he-denied-prophethood-mufti-sadiq-was-heavily-involved/

https://ahmadiyyafactcheckblog.com/2017/12/09/mirza-ghulam-ahmad-was-accused-of-claiming-prophethood-in-the-1879-1884-era/

https://ahmadiyyafactcheckblog.com/2017/12/09/mirza-ghulam-ahmad-was-considered-a-kafir-in-1884-before-his-wild-claims/

https://ahmadiyyafactcheckblog.com/2017/12/26/some-rare-books-from-the-1901-1902-era-which-refute-mgas-claim-to-prophethood/

https://ahmadiyyafactcheckblog.com/2016/09/30/maulvi-sanuallah-acknowledges-that-mga-claimed-prophethood-in-nov-1901/

https://ahmadiyyafactcheckblog.com/2017/10/12/mirza-sultan-ahmad-son-of-hazrat-mirza-ghulam-ahmad-on-finality-of-prophethood/

https://ahmadiyyafactcheckblog.com/2016/12/11/eik-ghalti-ka-izala-aka-correction-of-an-error-was-re-published-on-march-1-1914/

https://ahmadiyyafactcheckblog.com/2017/01/16/hani-tahir-explains-mirza-ghulam-ahmads-prophethood-and-pre-1901-vs-post-1901/

https://ahmadiyyafactcheckblog.com/2017/11/21/a-few-months-after-becoming-khalifa-mirza-mahmud-ahmad-waffled-on-his-fathers-prophethood/

https://ahmadiyyafactcheckblog.com/2016/06/27/do-ahmadis-believe-in-the-same-kalima-as-muslims/

https://ahmadiyyafactcheckblog.com/2016/09/30/mga-explains-how-he-misunderstood-his-prophethood-in-1880-and-realized-it-later-on/

https://ahmadiyyafactcheckblog.com/2017/02/23/noorudin-didnt-care-if-mirza-ghulam-ahmad-claimed-even-law-bearing-prophethood/

https://ahmadiyyafactcheckblog.com/2018/03/19/mga-lost-the-debate-with-molvi-muhammad-bashir-bhopali-1891/

#ahmadiyya

In 1893, MGA was called a Kafir by a scholar from Baghdad, whilst in India

Intro
When MGA made his wild claims (1889 –1891), he also claimed to have been accepted in Arabia, Egypt and other arab lands.  However, these were all the exaggerations of MGA and his team, they did this in terms of marketing, since no one could verify this support.  Nevertheless, we have found a contemporary scholar from Baghdad, Al Syed Abdul Razzaq Qadri , who was staying at Hyderabad Deccan India, he seems to have read the book Aina Kamalat e Islam by MGA, but then gave the book back to its owner. The heretic expressions and false claims of MGA as mentioned in the book made him angry and shocked.  In June 1893 he wrote letters to MGA calling him a liar, heretic and liable to be put to death with a sharp sword or killed by burning in the fire, a punishment for heretics. He asked MGA to send him a copy of the book so that he may write a comprehensive reply to what has been stated by MGA in AKI.  In response to his letters, MGA did not send the book to him but wrote him a detailed reply comprising mostly of irrelevant personal glorification tall claims and flattery in arabic language. Most parts of arabic text include Quraanic verses and ahadis not having much relevance to the topic. Later on, in 1893 this reply of MGA was published in the shape of a 75 paged book titled as TOHFA E BAGHDAD.  In the opening lines Mirza states he would respond to Abdul Razzaq Baghdadi in a civilized manner. However, towards the end of his letter his abusive language overpowered him and he used foul and obnoxious language.  This is a short 33 page booklet in Arabic by MGA and his team.

He states that:

“Remember when my nails are pricked into the body of opponent it make him worst example of regret.”

“Very soon my Noor, (light) would shine and whole world would follow it except shameless peoples. When the day of punishment from my god would approach no dogs would remain alive nor their barking would be heard at that time”.

Another quote from Hidden Treasures, pages 115-116
(Arabic): I shall humiliate him who designs to humiliate you. We shall suffice against your scoffers. O Ahmad, God has blessed you. You did not let loose but it was Allah who let loose so that you should warn a people whose ancestors have not been warned and that the way of the
guilty ones might become manifest. Say: I have been commissioned and I am the first of believers. Proclaim: The truth has arrived and falsehood has vanished, falsehood always vanishes away. Every blessing is from Muhammad, may peace and blessings of Allah be upon him, then blessed is he who taught and he who has been taught. Say: If I have invented it, the sin of it is on me. They plan and Allah plans and Allah is the Best of planners. He it is who has sent His Messenger with guidance and the religion of truth so as to make it prevail over every religion. There is no changing the words of Allah. I am with you so be you with Me wherever you might be. Be with Allah wherever you might be. Whatever direction might face there is the countenance of
Allah. You are the best people raised for the good of mankind and a source of pride for the believers. Despair not of the mercy of Allah. Hearken, the mercy of Allah is near. Hearken, the help of Allah is near. It will come to you from every distant track. Allah will help you from Himself. Men will help you whom We shall direct from heaven. There is no changing the words of Allah. Today you are in a position of high standing and trust with Us. They will say: ‘This is all his own invention’. Say: Allah is the Source of all this; and then leave them being beguiled by their sport. And who is more unjust than one who invents a lie against Allah? My mercy is on you in matters of the world as well as of faith. You are of those who are helped. (Tuhfa-e-Baghdad,
pp. 17-20, Ruhani Khaza’in, vol. 7, p. 21-23)

Scans

Mirza Ghulam Ahmad claimed that his coming to Earth was revealed in Surah Fatiha!!! Review of Religions, Feb 1924



Intro

My team and I have written about the wild claims of MGA many times.  We have written how MGA was most likely planning on claiming to be a law-bearing prophet if he had lived to 1911.  Further, in the era of 1900 to possibly 1935, Ahmadi’s considered MGA to be equal to Muhammad (saw) (nauzobillah) and vice versa.  This article is a translation of some arabic writings of MGA, that seem to have been recovered in this era, and then translated by M. Rahim Baksh.  The Review of Religions, was edited by the Khalifa’s younger brother, Mirza Bashir Ahmad, who was the only college educated child of the mirza family by 1924.

Highlights of this article
1—MGA claims that his coming was actually revealed to Muhammad (saw) in Surah Fatiha.
2—MGA claims to be the final brick, in the house of prophets, not Muhammad (saw).
3—MGA claims that the Jews are an accursed people and that Muslims have become just like the Jews.

The article
Prophecy Contained in The Opening Chapter of The Quran

MGA only wanted peoples money, like a peer

Intro
MGA was nothing more then a peer from the Punjab, people would go to him and ask for prayers for a son or other worldly prosperity like good health, and MGA would take their money without thinking twice.  Here is a reference that proves the point.

The Quote

“”A person who was rich and requested Molvi Abdul Aziz to pray so that he can get son . Molvi sb told him to go to Qadyian and ask Mirza Qadyiani .Person went to Qadyian and requested Mirza for prayers (through Abdullah Sanori ).Mirza said that prayers are not made in casual way that only by lifting hands .It is done by special conditions in heart .It is necessary that either i should had some special relation with him or he should do some service for religion , that from Mirza sb heart prayers come out .For Prayers , Mirza Qadyani (set a condition for his prayers towards a person )said he will only pray for a person if he pay or promise one lack Rs 1,00,000 Rs for islam .Then he will pray for him , then God sure will give him son. Mian Abdullah sanori said that he informed (mirza sb message) to him. On this person kept quite . That person died without having any children . His property got divided from fights and law cases ( as quoted by Mirza Bashir ahamed son of Mirza qadyani . in Serrtul Mahdi Quotation no.264 – new edition urdu”””

14980838_678994502261526_7371490755383521624_n 14907045_678994732261503_2992861547019571654_n

Conclusions
MGA was a peer from the Punjab who got rich praying for people to have children or prosperity, he took it too far with the wild claims, and the money laundering.  His children perfected the family business model and have been living off it for a long time.

Stoning and Hand Cutting—Understanding the Hudud and the Shariah in Islam by Professor Johnathan Brown

Intro
Dr. Jonathan A. C. Brown is a Director of Research at Yaqeen Institute, and an Associate Professor and Chair of Islamic Civilization at Georgetown University. He is the editor in chief of the Oxford Encyclopedia of Islam and the Law, and the author of several books including Misquoting Muhammad: The Challenges and Choices of Interpreting the Prophet’s Legacy.

The essay

 

Often the only things people in the West associate with Islam are stoning and hand chopping. These images permeate our culture, from the trailer of hits like Robin Hood: Prince of Thieves (1991) to straight-to-cable pablum like Escape: Human Cargo (1998) (again, in the trailer… ‘If you can’t live by their rules, you might die by them’). There is no better example of how our society has consistently and profoundly misunderstood Islam and its tradition of law, known as the Shariah. Stoning and hand chopping do feature in the Shariah, but their actual function can only be understood by stepping back and examining how the Shariah conceives of law overall. Only then can we make sense of its severest corporal and capital punishments, known as the Hudud (pronounced Hudood).

The Idea of God’s Law

The Shariah is not a law code, printed and bound in volumes. It’s the idea of God’s law. Like other broad legal concepts like ‘American law’ or ‘international law,’ the Shariah is a unified whole that contains within it tremendous diversity. Just as American law manifests itself as drastically different traffic laws or zoning codes in different states or locales, so too has the Shariah’s application varied greatly across the centuries while still remaining a coherent legal tradition.

The Shariah is drawn from four sources. The first two are believed by Muslims to be revealed by God either directly or indirectly: 1) the revelation of the Qur’an (which itself, contrary to the claim of a prominent Trump supporter, contains relatively little legal material), and 2) the authoritative precedent of the Prophet Muhammad ﷺ, known as his Sunna (often communicated in reports about the Prophet’s words and deeds, called Hadith). These two sources work in tandem. The Sunna is the lens through which the Qur’an is read, explaining and adding to it.

The second two sources are the products of human effort to understand and channel the revelation of God through the Prophet (peace be on him): 3) the ways that the early Muslim community applied the Qur’an and the Sunna, and 4) the further extension of this tradition of legal reasoning by Muslim scholars in the centuries since. The human effort to mine these sources and construct concrete, applicable rules from the abstraction of the Shariah is known as fiqh. If Shariah is the idea and ideal of God’s law, then fiqh is its earthly—and thus its inevitably fallible and diverse—manifestation.

There’s More to Law than Law and Order

A great irony in the ubiquity of stoning and hand cutting in the popular imagination is that these punishments constitute a minuscule portion of the Shariah. The tradition of law in Islam is the Muslim effort to answer the question ‘What pleases God?’ in any particular situation. As such, unlike what we think of as law in modern states, the Shariah encompasses every sphere of human activity. Most of these areas would never see the inside of a courtroom in a Muslim state let alone in the West (though, oddly, obscure points in Islamic law do sometimes come up in cases on freedom of religion). If we were to look at a typical, comprehensive book of fiqh (well over a dozen volumes, usually), we’d find that the core subjects of the Shariah are the forms of worship in Islam, including prayer (and the rules of ritual purity needed to perform it), fasting, charity tithes, the pilgrimage to Mecca and hunting and slaughter of animals (about 4 volumes out of 12). Only then would we find recognizable areas of the law such as marriage, divorce, inheritance, contracts, property, liability, injuries, etc. Although they are seemingly the only thing most people know about the Shariah, in a typical book of fiqh less than 2% of the book is devoted to the hudud crimes and their punishments.

Criminal Law in Islam and The West

In order to understand Islamic criminal law, we have to make sure we understand what we mean by criminal law in the first place. Most areas of law in the US, Europe and elsewhere are civil law, meaning they deal with people’s rights over and obligations to each other. These include contracts, marriage, property, etc. The government might play a role in adjudicating disputes in these areas through the infrastructure of courts, but these are disputes between private parties over wrongs they do each other.

Crimes are about wrongs done to the public, society or state as a whole, and in most modern states it is the government that acts to bring people who’ve committed them to justice. Of course, wrongs to individuals and wrongs to society can coincide. In old (like, very old) English law, if a man murdered another man in the street, then two wrongs had been done. The murderer had wronged the victim’s family by killing him, and he had also wronged the king by violating his ‘peace,’ or the overall order of his realm (hence our term ‘disturbing the peace’). The murderer was answerable to both aggrieved parties.[1] Centuries (and many, many legal turns) later, we find OJ Simpson on trial for two wrongs: one civil (for wrongful death and the damages this caused the victim’s family), and one criminal (murder) for which he was prosecuted by the state.

As we all recall, OJ was found innocent in his criminal trial but liable (i.e., guilty) in his civil trial. How could this be if the two trials were, in effect, for the same act? Did he commit murder or not? The two trials produced two different results because of different standards for meeting the burden of proof. In civil cases in the US, the jury only has to conclude that the preponderance of evidence indicates that the person is guilty (i.e., over 50% likelihood), while in a criminal trial the jury must be convinced ‘beyond a reasonable doubt.’[2] There are different burdens of proof because of the differences in punishments for civil and criminal wrongs. Civil wrongs are punished by compensation. Criminal wrongs are punishable by incarceration or corporal or even capital punishment. In the West, the notion that judges or juries should exercise extra caution in finding someone guilty of a crime comes from canon law (the law of the Catholic Church) in the twelfth and thirteenth centuries, as does the notion of innocent until proven guilty.[3]

The Shariah has remarkably similar features (actually, I think that Western canon law was influenced a great deal by Islamic law, just as Western philosophy and science were profoundly shaped by Muslim scholars in those fields from the tenth to the thirteenth centuries… but that’s another issue). Muslim jurists didn’t categorize law into civil and criminal law, but these labels are nonetheless useful in trying to understand the hudud. The categories that Muslim jurists used were those of violations of the ‘rights of God’ (ḥuqūq Allāh) as opposed to violations of the ‘rights of God’s servants,’ i.e., human beings (ḥuqūq al-ʿibād). The rights of human beings include the right to physical inviolability (in other words, one can’t be killed or harmed without just cause), the right to dignity, the right to property, the right to family, and the right to religion.

Just as in modern human rights, these rights are not absolute. They can be infringed upon with just cause. But they belong to all human beings regardless of whether they are Muslims or not. If someone breaks your toe, smashes into your car or reneges on a contract they made with you, they owe you compensation because they have violated your rights. They owe this even if they didn’t intend any of these actions since the damage was done and they were the cause. The same applies in American civil law (in both Islamic and American law, an exception would be if you smashed someone’s car because someone else threw you onto it, which was out of your control). Along the same lines, according to the rights of human beings in the Shariah, if someone steals your phone from you, they owe you either the return of your phone or its replacement value. If someone kills your family member accidentally, then your family is owed the compensation value as specified in the Qur’an and the Sunna. In such cases, as taught by the Prophet ﷺ, the job of the judge is to “ensure that all those with rights receive them.”[4]

Violations of the ‘rights of God’ in the Shariah are an important counterpart to crimes in the Western legal tradition. Of course, the ultimate ‘right of God’ upon mankind, as explained by the Prophet ﷺ, is for God to be worshipped without partner, and this right extends to other acts of worship as well, like giving the zakat charity.[5] But, unlike human beings, God is eminently beyond the capacity of any creature to harm. Also unlike human beings, God has “ordained upon Himself mercy” (Qur’an 6:54), and promised that His “mercy encompasses all things” (Qur’an 7:156). This element of God’s vast mercy plays a crucial role in the other rights of God that Muslim jurists have identified, namely the crimes known as the hudud.

What are the Hudud?

The concept of hudud in Islamic criminal law is not found in the Qur’an, though it is referred to in hadiths considered authentic by Muslims.[6] Ḥudūd in Arabic is the plural of ḥadd, meaning limit or boundary. The Qur’an mentions the “limits of God” several times, warning Muslims of the sin of transgressing them and that they should not even approach them (Qur’an 2:187). But nowhere does the phrase appear in the clear context of labeling certain crimes (see Qur’an, 2:229, 4:14, 58:4, 65:1, though 4:14 is followed by a discussion of sexual impropriety).

As the famous scholar Ibn Taymiyya (d. 1328) noted, definitions for the categories of crimes (and their corresponding punishments) in Islamic law were the products of human reason and not scripture.[7] Early Muslim jurists probably inherited the concept of a category of crimes called hudud from references to it made by the Prophet ﷺ and the early generations of Muslims. Muslim scholars have agreed that the hudud include: adultery/fornication (zinā), consuming intoxicants (shurb al-khamr), accusing someone of fornication (qadhf), some types of theft (sariqa), and armed robbery or banditry (ḥirāba). Muslim schools of law have disagreed on whether three other crimes should be included as well: public apostasy (ridda), sodomy (liwāṭ) and assassination/premeditated murder for purposes of robbery (ghīla).[8]

What is in common among the hudud crimes is that their punishments are specified in the Qur’an or Sunna and that they are considered to be violations of the rights of God.[9] Of course, some of the hudud are also violations of the rights of humans as well. Sariqa (the hudud-level of theft, see below), qadhf (sexual slander) and ḥirāba (armed robbery, banditry) are obviously violations of people’s rights to life, property and/or dignity.

The scriptural commands that specify these hudud punishments are, in summary:

  • Zinā: The Qur’an commands that men and women who engage in fornication be lashed 100 times (Qur’an 24:2), and hadiths add that if the person is single and has never been married then they should also be exiled for a year.[10] The Hanafi school of law does not accept the additional punishment of exile because it does not deem the hadiths in question strong enough evidence to alter the Qur’anic ruling. It was agreed upon by all the Muslim schools of law that the Qur’anic punishment referred to here was for unmarried people. Married men and women guilty of adultery are punished by stoning, as demonstrated in the Sunna of the Prophet (peace be upon him).[11]    
  • Sariqa: the Qur’an specifies that the thief, male or female, should have their hand cut off “as a requital for what they have done and as a deterrent ordained by God” (Qur’an 5:38).
  • Qadhf: The Qur’an commands that anyone who accuses someone of adultery and does not provide four witnesses to the alleged act should be lashed 80 times and should never again have their testimony accepted (Qur’an 24:4).
  • Shurb al-Khamr: Though the Qur’an prohibits drinking wine (khamr) and intoxication, the punishment for drinking comes from the Sunna. The most reliable hadiths state that the Prophet ﷺ would have a person lashed 40 times for intoxication, but the caliphs Umar and Ali subsequently increased this to 80 after consultation with other Companions.[12]
  • Ḥirāba: This crime is understood to be set out in the Qur’an’s condemnation of “those who make war on God and His Messenger and seek to spread harm and corruption in the land.” The Qur’an gives it the harshest punishment in Islam: crucifixion and/or amputating hands and feet (Qur’an 5:33). The vast majority of Muslim scholars have held that this verse was revealed after a group of men brutally blinded, maimed and murdered a shepherd and then stole his camels. The Prophet ﷺ ordered the killers punished in exactly the same way.[13] Yet prominent scholars were skeptical of reports that he had actually ordered the murderers’ hands or feet cut off.[14] This disagreement between the punishments ordered by the Qur’an and by the Prophet ﷺ may have been because the Prophet’s order came before the verse was revealed,[15] but the ambiguity is generally understood as illustrating that the ruler/state has discretion in deciding the proper punishment for ḥirāba.[16]

The hudud do not cover what most legal systems would consider the most serious part of criminal law: murder. But this does fall within what we can term Islamic criminal law. Although the Qur’an and Sunna conceptualize murder, accidental killing, as well as physical injuries done to others, as private wrongs against individuals and their families, from the time of the Prophet ﷺ it was the state that oversaw these disputes and carried out punishments. These were violations of the rights of people, but they also touched on the realm of public order and violence, which was the territory of the ruler.[17] Since cases of homicide were brought by the victim’s kin (much like in the West until the nineteenth century), the state (in the person of the judge or governor) would be responsible for bringing cases for victims with no kin, on the basis of the Prophet’s ﷺ saying that “The authority (sulṭān) is the guardian of those who have no guardian.”[18] The state also often took responsibility for compensating victims and their families when the guilty party could not be identified.[19]

God’s Mercy and Applying the Hudud Punishments

Violations of people’s rights have to be restituted because those people have suffered actual damage or loss. God, on the other hand, is not actually harmed by violations of His rights. In the case of the rights of God, it is God’s mercy that defines Islamic legal procedure. Only an adult Muslim of sound mind and who is aware that one of the hudud acts has been prohibited by God and still intentionally engages in it is even theoretically liable for the punishment.[20] In this regard, the hudud crimes differ from violations of the rights of people, such as accidental manslaughter or accidentally damaging someone’s property, where intention is not required and children’s families are liable for the damage they cause.

The central principle in the application of the hudud punishments is maximizing mercy. This was formulated clearly in a hadith attributed to the Prophet ﷺ that was also echoed by prominent Companions, among them his wife Aisha and the Caliphs Umar and Ali. The best-attested version states, “Ward off the hudud from the Muslims as much as you all can, and if you find a way out for the person, then let them go. For it is better for the authority to err in mercy than to err in punishment.”[21] Within a century of the Prophet’s death Muslim scholars had digested this hadith into the crucial legal principle of ‘Ward off the hudud by ambiguities (shubuhāt).’[22]

Some might argue that this doctrine was developed by Muslim jurists in the generation after the life of the Prophet ﷺ to remedy the Qur’an’s harsh punishments. In other words, they inherited a regime of severe punishments and maybe they thought they needed to find some way out of applying them. Or one might argue that the Prophet himself ﷺ preached warding off the hudud if at all possible because he was uncomfortable with the punishments revealed in the Qur’an.

But neither of these theories could be correct. The establishment of a harsh regime of punishments alongside a nearly unreachable standard of proof occurs together within the Qur’an itself. The Qur’an ordains that those who commit adultery should be lashed 100 times, but just one verse later it states that anyone who accuses someone of adultery without four witnesses to the act is punished with 80 lashes for slander.[23] Why would a message seeking to establish an order of law set up harsh punishments but then make them almost impossible to apply? We will discuss this later, but now let’s turn to the ambiguities (shubuhāt) that Muslim jurists elaborated to avoid applying the hudud.

The Muslim jurists who developed the massive and diverse body of fiqh took the Prophet’s command to ward off the hudud very seriously. Some of the procedural safeguards were found in the Qur’an itself, such as the requirement for four witnesses to zinā. A significant number were added in the hadiths. In the most famous case (there are six known instances) of the Prophet ﷺ ordering a man stoned for adultery, the man comes to the Prophet ﷺ and confesses his sin. The Prophet asks him if he is crazy, and when he continues to insist the Prophet ﷺ suggests that perhaps he only kissed the woman.[24] In order to prevent witnesses from assuming sex was occurring when perhaps the couple was just embracing or lying on top of one another, the Prophet ﷺ required the witnesses to testify that they’d seen “his penis enter into her vagina like an eyeliner applier entering into its container.”[25] Because the man who confessed, Māʿiz, insisted on confessing four times to the Prophet ﷺ, the majority of Muslim scholars require all confessions of zinā to be done four times. Anything less cannot be punished by the hudud.[26]

Based on the same case of Māʿiz, jurists agreed that even someone who had confessed to zinā could retract that confession at any point and no longer face the hudud punishment. Finally, even external signs such as pregnancy were not considered proof that zinā had occurred in the opinion of the majority of Muslim scholars. For example, if a woman’s husband had been away for years, he could have been miraculously transported to be with her.[27] Or she could have been raped. The one school that did consider pregnancy determinative proof of zinā (assuming the woman didn’t claim she had been raped) allowed the possibility that a woman could be pregnant for up to five years. Normally in the Shariah such miraculous or fantastic claims would carry no weight in legal matters. But as possible ambiguities to prevent application of the hudud, they were accepted.[28]

This immense allowance for ambiguities in ruling on sexual offenses can be seen most clearly in the Hanafi school of law, which was the official school of the Ottoman Empire. When prostitutes and their clients were caught, they were not tried for zinā due to the (admittedly outlandish) ambiguity that prostitution was structurally similar to marriage; both were exchanges of sexual access for money (in the case of marriage, the groom’s dowry payment).[29] This is not because Muslim scholars had any sympathy for prostitution or a low regard for marriage, but rather because they hunted for any possible ambiguity to avoid implementing the hudud.

In the case of sariqa, the strict definition of the crime laid out by the Sunna explains why I’ve been so reluctant to translate it as theft. Sariqa is only a very specific kind of theft. First, hadiths specify that a thief would only have their hand cut off stealing something over a certain value.[30] In another hadith, as well as in the practice of the Companions, we are told that an accused thief should be prompted two or three times to deny that he stole.[31] In court procedure, what this means is that, even if the thief is caught red-handed, with the usual number of witnesses (two) testifying that they saw him steal, all the thief has to do is claim that the item was his, and enough ambiguity would be established to make hand cutting out of the question.[32] On the basis of an instance in which a man stole a cloak from under a sleeping man’s head, jurists concluded that only something stolen from a secure location (ḥirz), a concept determined by local custom and conditions, merited the hudud punishment.[33] The Prophet ﷺ also exempted acts of misappropriation done blatantly in the open.[34] In the end, the list of requirements that Muslim scholars agreed on to eliminate all ambiguities reaches (see Appendix Requirements for Amputation for Theft from al-Subki). As a result, as described by scholar Rudolph Peters, it is “nearly impossible for a thief or fornicator to be sentenced, unless he wishes to do so and confesses.”[35]

This system of making it virtually impossible to implement the hudud punishments through ambiguities characterized the hudud crimes of intoxication and, to a lesser extent, sexual slander as well. Someone who smells of alcohol would not be liable for the hudud punishment. Even someone who was seen drunk and vomiting up wine was not subject to the hudud punishment according to most Muslim jurists because he could have drunk the wine accidentally.[36] Since Muslim scholars have disagreed a great deal about what constitutes an intoxicant, the approach to applying the hudud punishment has been to follow Imam Shafi’s position that “people are only punished based on certainty.”[37]

Off the Hook? How Non-Hudud Crimes were Punished

Of course, just because an ambiguity was found to avoid the hudud punishment, this did not mean that the alleged wrongdoer was off the hook. Rather, their offense simply dropped from the upper echelon of violations of the rights of God to the violations of the rights of human beings. Such offenses were punished according to taʿzīr, or discretionary punishment set by the judge. So a thief who had been caught red-handed by two, upstanding witnesses (the standard evidentiary bar for crimes) stealing a bar of gold from a safe deposit box could avoid the hudud punishment by simply denying he had done it. He would not have his hand cut off. But there was still sufficient evidence to convict him of theft at the level of ghaṣb, or usurpation (similar to petty larceny or the civil wrong of conversion in common law). An unmarried couple found naked in bed could not be punished for zinā, but they could still be severely disciplined.

A judge or governor could also draw on his authority to maintain public order to punish offenses that fell below the threshold of hudud. For example, someone who stank of wine and was obviously drunk might not be punished at the level of hudud, but he could still be punished below that level.[38] In the case of armed robbery/banditry, if the perpetrators repented and surrendered, then these ambiguities would drop the offense from the hudud range. But they were still liable for the punishments for homicide and non-hudud theft.[39]

Unlike American laws’ different burdens of proof in civil versus criminal cases, the main protection against conviction for a hudud crime was not the burden of proof (though this was almost unachievable in the case of zinā). The escape hatch was more often provided by the nearly endless list of ambiguities that the judge saw as his duty to explore.

The analogy of American criminal versus civil law is still useful since it helps us understand how the accused could be found innocent of an act in one category of law by its standard of evidence and simultaneously found guilty of the same act in another category of law. It was much easier to produce the evidence needed to convince a judge that a perpetrator was guilty of a taʿzīr offense than a hudud one. In the Shafi school of law, for example, someone could be convicted of non-hudud theft based on the testimony of one man and two women. And in the Hanbali school slaves could testify in non-hudud cases.[40] But no major Muslim school of law allowed women or slaves to testify in hudud cases since the more restrictions on who could bear witness the more difficult it was to convict the accused.[41]Since taʿzīr is, at its core, determined at the discretion of the judge, some punishment could be assigned without reference to any fixed standard of proof at all.

Discretionary punishment was historically the primary category of punishment in the Shariah. In some schools of law, jurists developed detailed tables of punishments within their schools of law for what taʿzīr punishments applied to what sorts of offenses. Lashing, the bastinado (smacking the soles of the feet with a cane) and, to a lesser extent, incarceration, have been the main methods of punishment. Although there has been disagreement on the details, the most common position among Muslim jurists is that the upper limit of taʿzīr punishments is that they cannot reach the punishment for the equivalent hudud crime. This was simple in the case of sexual indiscretion or intoxication, for which the hudud crime had a fixed number of lashes. The most that a taʿzīr punishment could be was 99 lashes for sexual crimes or one day less than one year of exile. Theft was a different matter. Petty theft was generally handled by lashing or short jail time, while repeat offenders could be sent to prisons for thieves (see for more on the types of punishments used in Islamic civilization.

One of the most important features of how the hudud crimes were conceptualized in the Sunna and by later jurists was the central role of avoiding tajassus (seeking out offenses done in private) and providing satr (finding excuses for, or turning a blind eye to, private misconduct. These concepts were rooted in the Qur’an, which forbids tajassus (Qur’an 49:12), and the Sunna, where the Prophet ﷺ repeatedly ignores a man trying to confess to having “violated one of the hudud.”[42] “If you seek out a people’s secret or shameful areas,” the Prophet ﷺ warns, “You’ll ruin them.”[43]

The Companions understood this as key to legal procedure. The prominent Companion and governor of Kufa, Ibn Masʿūd, was brought a man “whose beard was dripping with wine,” but Ibn Masʿūd’s only response was, “We have been forbidden to seek out faults. But if he does something openly before us, we would hold him responsible for that.”[44] One reliable report tells that the caliph Umar heard rowdy voices from inside a house in Medina, so he climbed over the wall and found a man with a woman and wine. When he confronted the man, he replied that, while he was indeed committing a sin, Umar had committed three: he had violated the Qur’anic commands against seeking out faults in others (49:12), climbing over the walls of houses (2:189) and entering homes without permission (24:27). Umar admitted his fault and left.

As with other areas of Islamic criminal law, the application of the hudud ultimately fell under the authority of the ruler or state. Although the Prophet ﷺ warned that, once a hudud crime had reached the authority, the trial had to be held, this was meant to emphasize that no one could expect favoritism.[45] The Prophet ﷺ and the early caliphs made it clear that the ruling authority could suspend the hudud punishments entirely if this was necessary, as the Prophet ﷺ ordered for soldiers who stole while out on campaign and as Umar famously ordered for theft in times of famine.[46] As the famous Hanafi jurist al-Kāsānī (d. 1191) wrote, “It is not permissible to carry out the hudud without the probability of some benefit.”[47]

Historical Application of Hudud in Islamic Civilization

The Muslim judges who applied the rules of fiqh also took the command of the Prophet ﷺ to ward off the hudud by ambiguities as a divine command. All indications are that the hudud punishments were very rarely carried out historically. A Scottish doctor working in Aleppo in the mid-1700s observed that there were only six public executions in twenty years. Theft was rare, he observed, and when it occurred it was punished by bastinado.[48] A famous British scholar of Arabic in Egypt in the mid-1800s reported that the hudud punishment for theft had not been inflicted in recent memory.[49] In the roughly five hundred years that the Ottoman Empire ruled Constantinople, records show that only one instance of stoning for adultery took place (contrast this with colonial America/USA, where over fifty people were executed for various sexual crimes between 1608 and 1785).[50]

Jurists’ theories of far-fetched ambiguities found real-life application. A Muslim woman in India in the late 1500s whose husband had died in battle was suddenly found to be pregnant and was accused of fornication. She claimed that her husband had been miraculously brought back to life every Friday night, when he would visit her. Jurists of India’s predominant Hanafi school of law were consulted on the case and replied that it was indeed technically possible for such a miracle to have occurred.[51]

The concept of non-invasiveness (i.e., avoiding tajassus) and covering up faults (satr) also became real practices. Wine drinking, fornication, prostitution, and homosexuality became widespread in medieval Islamic civilization. Yet Muslim scholars could do little more than complain about this.[52] One scholar in Mughal India himself strayed into wanton ways, taking up womanizing and throwing drinking parties. When the market police climbed over the wall of his house to break up one such party he reprimanded them by reminding them of the caliph Umar’s lapse. The police left the scholar’s house in shame (the scholar later reformed himself, reports his biographer). In the extreme west of the Islamic world, the chief judge of Fez in the early 1300s was respected by everyone for his fairness and knowledge. But he was criticized for hiring someone to ‘sniff out’ alcohol on people’s breath. ‘And he deserved that criticism,’ added one Muslim chronicler.[53]

Instances in which thieves did have their hands cut off were shocking to local populations. The famous Moroccan scholar and traveler Ibn Battuta (d. circa 1366) recounts how, in Mecca, when a judicial official had ordered a young man’s hand cut off for stealing, the youth later murdered that judge.[54] The Mughal emperor Akbar the Great (d. 1605) was furious when he found that his chief judge had carried out the execution of a man convicted of a hudud offense, citing the principle of avoiding this through ambiguities. The judge fell from imperial favor and eventually died in exile.[55]

The best illustration of how seriously judges took the command to ward off the hudud as a religious duty is a near soap-opera level scandal from Mamluk Cairo in the year 1513. A magistrate from the Hanafi school of law had a gorgeous wife, who was lusted over by a Shafi magistrate. This Shafi judge took advantage of his colleague’s absence to enter the couple’s house and consummate the affair. But a jealous neighbor who also was in love with the wife informed the husband, who immediately returned home, busted into his room and found the couple in his bed. The Shafi magistrate pleaded with the fuming husband, offering him money not to disgrace him publically. The man’s wife pleaded along Shariah lines, saying, “Satr is called for.” But the husband refused and locked them in the bedroom until the authorities arrived. When confronted, the Shafi magistrate confessed to zinā and even wrote out his confession before another magistrate.

Hearing of this scandal, the Mamluk Sultan, al-Ghūrī, was livid at the corruption uncovered amongst his magistrates. So he asked for a ruling by a Shafi judge, who declared (correctly) that the couple should be stoned. The chief judge affirmed, and the Sultan, who had been acknowledged as overly zealous in punishment, was elated. He’d be commemorated for his justice, he exclaimed, since “history would record that someone was stoned for zinā in his time.”

But in the meantime, the couple retracted their confession. Leading scholars wrote that the hudud punishment would have to be dropped. The Sultan responded in outrage, “O Muslims! A man goes into the house of another man, commits iniquity with his wife, they are caught together under the covers, the man confesses to what he’d done and writes a confession with his own hand, and they say after all this that he can retract it?!” The Sultan convened all the senior judges and jurists at his court, including the then nonagenarian pillar of the Shafi school, Shaykh al-Islam Zakariyyā al-Anṣārī (d. 1520). One leading Shafi scholar, Burhān al-Dīn Ibn Abī Sharīf (d. 1517), replied to the Sultan, “That is God’s law,” warning that whoever executed the couple would be liable for their murder. Zakariyyā al-Anṣārī agreed. Enraged, the Sultan executed the couple anyway, fired all the chief judges and scholars from their judgeships and teaching positions and sent Ibn Abī Sharīf into exile.[56]

We must appreciate what took place in this episode: several leading scholars and judges of Mamluk Cairo accepted dismissal from their posts and exile rather than affirming the application of a hudud punishment. Writing a century later, the historian Najm al-Dīn al-Ghazzī (d. 1650) remarked that the Sultan’s crime of executing two people without legal right and ignoring the protocols of the Shariah was a cause of the fall of the Mamluk state, which the Ottomans conquered only three years after this scandal.[57]

Aside from the hudud, Muslim judges have historically generally been conservative about carrying out capital or severe corporal punishment. For example, one of the few instances in which a judge can refuse to enforce the ruling of another court applying another school of law is if that other school has more severe rules on issues like requiring execution for murder.[58] When one of the Ottoman sultans ordered a group of merchants to be executed for disobeying his ruling on fixing prices, a Muslim jurist intervened, objecting that, “It is not permitted to kill these people in the Shariah.” The sultan replied that the merchants had disobeyed an order he had issued, and the scholar replied, “What if your command did not reach them?”[59]

Why Have Rules if You Don’t Follow Them? Law in Pre-modern versus Modern Societies

When my students read about Shariah law, their first reaction after learning about the hudud is, ‘Why have punishments you’re not going to apply?’ This question strikes at the root of the incongruity between modern law and how many view the Shariah. Although it seems obvious and, indeed, essential to many today, the notion that a legal system should function as a routinized and efficiently ordered machine stripped of cultural fictions and traditions is fairly new. It is a product of legal reforms envisioned by modernists like the English philosopher and jurist Jeremy Bentham (d. 1832).

Prior to the comprehensive legal reforms in American and British law from the mid-nineteenth century to the mid-twentieth, having laws on the books that were not intended to be applied was normal. In fact, it’s still a feature of law today in the US. How many times do we see signs warning us that littering will be punished by a maximum fine of $1000? How many of us know anyone who has been fined $1000 for littering? How many college students are allowed to drink under the age of 21? To quote the conservative legal scholar Robert George (and also Paul of Tarsus), law is our teacher. It is not just a means of resolving disputes or maintaining order. It is a statement by authoritative voices within a society of how that society should be.

Another major historical change was in law enforcement. Modern law enforcement as we know it emerged in Great Britain in the early 19th century. It is no coincidence that Britain was also the first state to transition into a new stage of human history, comparable in its dramatic changes to humans settling down in agricultural communities five millennia prior: that of a modern, industrialized society. This involved changes in every area of human life, from culture and religion to political representation and economic power.

Pre-modern states like France or Britain, not to mention massive multinational empires, were highly decentralized. Often, the ruler had little direct control outside major urban areas and sometimes only around the capital. What technologies like the railway (Britain was joined by railways in 1851, followed by the US) and the telegraph (in regular use by the 1850s) enabled states to do was actually project their authority among their populations on a scale never possible before. At the same time, improvements in health care and sanitation meant that, for the first time, the population of a city like London actually grew on its own without depending on immigrants (previously, morbidity in European cities was so high that they were death traps, with higher death than birth rates).[60] By 1850 more than half the population of Britain lived in cities, a milestone reached globally around the year 2000. That meant that problems of crime in cities also saw manifold increases.

So as far as law is concerned, what the modern industrialized, urbanized state and society meant was 1) unprecedented challenges of law and order, 2) a new vision for an ordered, rational, technicalized and bureaucratized world, and 3) the technological, administrative and financial resources to pursue this vision and tackle new challenges.

It is difficult for us to imagine how law and order functioned prior to these mid-nineteenth-century developments. Prior to 1830, Britain had no organized police force. Though major cities like New York and Boston developed police forces by the 1840s, only after the Civil War did official police forces become a normal feature of urban life in America. Ironically, formal police forces in the US South developed out of the Slave Patrols that had formed decades earlier to track the movement of slaves and free blacks out of fear of rebellion.[61]

Of course, cities had not been lawless up to this point. As early as 1285 the British monarchs had instituted decrees to safeguard law and order in London, just as Louis XIV (d. 1715) did in Paris. But these ad hoc, often unprofessional, watchmen were only found in the capital cities. More importantly, they did not engage in preventative policing (walking the beat) nor investigation of the wide range of crimes reported. The same applied to the institution of the shurṭashiḥna, or fawjdār (all meaning, roughly, police) in Islamic civilization, which can first be found under the early caliphs.[62][62]

Prior to the nineteenth century, the only law enforcement officials in cities and towns around the world were the equivalents of local marshals or sheriffs, whose main job was to handle prisoners and provide security in the court. In Britain, if someone committed a serious crime, the assumption was that “a great hue and cry” would be emitted and that a crowd would bring the perpetrator to the courthouse to stand trial.[63] Outside of Islamic metropolises like Cairo or Istanbul, where Shariah courts were readily available to litigate people’s disputes, people in rural areas probably settled most disputes informally within village or family networks.[64]

Marshals and sheriffs conjure up images of the Wild West, and this is actually helpful. As in films like High Noon (1952) or Tombstone (1993), marshals in pre-modern towns were on their own. Only in exceptional situations could they call on and deputize private citizens for a posse (short for posse comitatus). Films like The Wild Bunch (1969) and Butch Cassidy and the Sundance Kid (also 1969), in which tough and endearing groups of outlaws are eventually mowed down mercilessly by the sheer ordered force of the modern state, commemorate the losses and gains felt at moving from the self-help and community of the pre-modern to the regimented and impersonal world of the modern.

Simply put, pre-modern states did not have the means to engage in the type of law enforcement that we consider normal today, particularly preventative policing and the investigation of mundane crimes. This important fact lies behind the severity of punishments found in Islamic law and in many pre-modern legal systems for that matter. Though scholars of criminal law continue to disagree on the best means of deterring crime, a common approach has been the utilitarian one formalized by Bentham. Its basic premise is the following equation:

(E)xpected Punishment/Deterrent power = (S)everity of Punishment x (P)robability of getting caught…. E = S x P. [65]

In a system where there are few or no police or where the police do not busy themselves investigating crimes, moderately intelligent criminals faced little chance of being caught. According to the E = S x P equation, if the probability (P) of being caught is minuscule, then in order for any meaningful deterrent effect to be created the severity of punishment (S) must be mammoth. Frightening punishments were seen as the only way to deter potential criminals whom police (what few there were) would never be able to reach. We can see this clearly in Britain in the 1700s and early 1800s. In 1820 there were over two hundred crimes punishable by death in Britain, including stealing firewood and poaching fish from another’s fishpond.[66] The colony of Virginia had the death penalty for taking vegetables or fruits from a garden.[67]

But, similar to the hudud, few people convicted of these offenses were actually executed. Putting thousands of petty offenders to death was not the intention of the law in Britain or its colonies. Scaring people into not breaking the law was. Inevitably, judges and juries would find procedural loopholes to reduce the punishment, such as purposely undervaluing stolen goods to drop the crime from grand larceny (punishable by death) to petty larceny (punishable by flogging).[68]

And we can see how the mind-boggling advances in technology and administrative capacity in the mid-1800s changed Britain’s legal landscape. More effective policing, better prisons and, more importantly, better municipal services and a much-advanced economy meant that more offenders were caught and convicted.[69] (P) went up dramatically, so (S) dropped accordingly. By 1900 Britain had only four death-penalty offenses.

Cruel and Unusual Punishment

No discussion of criminal law in the Shariah can pass without addressing the issue of Western revulsion at flogging, the most prominent form of punishment historically employed by Muslim courts, and at the dramatic hudud punishments of amputation and stoning.

Today we think of incarceration as the normal way of punishing crime, so much so “that it becomes difficult to conceive of a moment when prisons were not at the core of criminal justice,” to quote one noted scholar.[70] But prisons have been the exception, not the rule, for punishment in human history. They are immensely costly, especially for the perennially cash-strapped pre-modern state, and carry with them constant worries over security. Prior to the seventeenth century, when the situation in Europe changed, the main use of prisons globally had been for detaining suspects pending and during trial, not for punishment.

Corporal punishment, on the other hand, is quick and cheap. Although many condemn it as barbaric today, inflicting some form of pain on the body of the perpetrator has been the main means of punishing serious wrongdoing in human society. In Europe from the Middle Ages through the 1700s, horrendous types of mutilation were standard punishment: amputating hands, fingers, ears, tongues, burning with hot tongs, drawing and quartering, etc.[71] Thomas Jefferson recommended cutting a half-inch hole in the nose of women who engaged in sodomy.[72] To understand how this situation changed, one must appreciate important trends in criminal punishment that accompanied industrialization in the early-modern and modern West.

In the eighteenth century, in Western Europe and later Britain, the dominance of execution and severe corporal punishments made way for various forms of forced labor, imprisonment, and deportation to the colonies. Although the first modern prison opened near Philadelphia in 1790, the philosophy behind it had been maturing for decades. Growing out of institutions for forced labor in the seventeenth century, particularly in continental Europe, prisons emerged as institutions that combined incarceration and forced labor by those who had committed crimes that would otherwise have been punished by death.[73] In the Quaker colony of Pennsylvania, thinkers like the founding father Benjamin Rush (d. 1813) began articulating a theory of reformative justice in which harsh corporal or capital punishments would be set aside in favor of purifying the convict’s soul in hopes of eventual redemption.[74] Hence the origin of the American penitentiary, where prisoners are divided into their own small cells and given meager rations for the purposes of focusing them on reflection and consulting the Bible. This model, even after its secularization and allowance for more socialization, has since been exported widely.

This historical arc seems comprehensible enough—corporal punishment to prisons; brutal medieval mutilation makes way for more sanitary executions, makes way for forced labor in prisons, which in turn makes way for the modern penitentiary, where criminals are ‘reformed.’ But the reality is hardly so simple. Rather than a progress from brutality to enlightenment, Western criminal sanctions have simply expressed new and highly idiosyncratic cultural understandings of what is and what isn’t ‘cruel and unusual punishment.’

America abandoned public corporal punishment for the penitentiary and reforming the convict by properly directing his soul. But that guiding was done by stunningly brutal means more reminiscent of Abu Ghraib than a place of worship. Through the mid-nineteenth century, prisoners were flogged relentlessly, gagged and stuffed into small lockers where they couldn’t kneel or lie down, and had their faces flooded with freezing water. What seems to have been the most deadly of all treatments was forcing prisoners into extended periods of total isolation with enforced silence.[75] All of this was somehow seen as more humane than previous, unenlightened methods of punishment such as placing people in stocks to be pelted by fruit.

The same erroneous conflation of cultural convention with enlightened progress can be seen in British colonial rule in India. When the British East India Company took over the responsibility for administering Shariah law in the areas of India it controlled in the late 1700s, British officials were exasperated and shocked. They were primarily frustrated at how hard it was to execute criminals under the Shariah. They considered it a “barbarous construction” that the family of someone who had been murdered could accept compensation money from the murderer instead of insisting on his execution. British officials couldn’t help seeing this as some sort of pay off.

But what truly morally shocked British officials was the use of amputation as a punishment, and they eventually outlawed it in 1834. Hence we find the bizarre confusion expressed by one British woman over how a local Sikh ruler who rarely had criminals executed but instead punished them with amputation was somehow not considered cruel by his subjects (the amputation the British were referring to was mainly not hand cutting but rather an Indian punishment of cutting off the nose as the most severe taʿzīr punishment; ironically the Mughal Emperor Aurangzeb [d. 1707] had banned this as alien to the Shariah).[76] British fetishization of corporal punishment alongside a cavalier attitude towards its capital elder sibling is beautifully captured in the ironic title of J. Fisch’s book on colonial law in India, Cheap Lives and Dear Limbs.

As US law professor Peter Moskos recently pointed out in his book In Defense of Flogging, the notion that imprisoning someone in a cell is somehow more humane than subjecting them to brief but intense bodily pain is a collective cultural fiction. And it is totally belied by the reality of prison-life in America. Even societies in which vicious corporal punishment was common, notes Moskos, “rarely if ever placed a human being in a cell for punishment.” “Consequently,” he concludes, “that we accept prisons as normal is a historical oddity.”[77] And incarceration in the general population of a US prison is mild treatment compared to placement in solitary confinement, a common practice in US prisons. As nineteenth-century American penitentiaries discovered, solitary confinement causes dramatic and often irreparable psychological damage. In 2011, the United Nations Special Rapporteur on torture concluded that just fifteen days in solitary confinement “constitutes torture or cruel, inhuman or degrading treatment or punishment,” and after that period irreversible psychological damage can occur.

The profound failings of the US prison system further indict it as a cruel and unusual form of punishment. First, prisons in the US have totally failed to reform those sent there, which is not surprising considering convicts are placed not around positive role models but around other criminals in an environment where 5% of prisoners say they had been sexually assaulted just within the previous year and in which drug use is rampant.[78] The result is that the US has by far the highest population of prisoners in the world and the second highest per capita.

Second, US prisons are cruel and unusual in that they destroy and atomize communities. As Anne-Marie Cusac points out, prior to the penitentiary movement, corporal punishment or humiliation was carried out in public, often in the town square. Criminals might be publically humiliated, but such public pain “understands criminals as existing within that community.”[79] Prior to the mid-twentieth century, many prisons were in the center of towns, with prisoners still nearby their families. Now most prisons are in rural areas incredibly distant from the urban neighborhoods most disproportionately affected by incarceration. In America, even after release from prison, felons are denied the right to vote and are nearly unemployable. Around 5.3 million Americans who would otherwise have a voice in their communities and country’s political process are denied the vote due to a past felony.[80]

The American neurosis over criminal justice is even more evident in the application of the death penalty. Developed as supposedly more humane alternatives to hanging, the electric chair, and lethal injection only euphemize the violence being done in the act of execution. As a US federal judge observed in his decision regarding an execution in 2014, a society that carries out executions must acknowledge the brutality of the act and not try to disguise it by supposedly less violent means (which often fail to work as quickly and painlessly as they are supposed to).

How Should Muslims Understand the Hudud Today?

Today the hudud are relevant mostly in their absence from the legal stage. When they do appear it is with great controversy. With the exception of a few states like Nigeria,[81] Sudan,[82] Iran,[83] and Saudi Arabia, the criminal laws of majority Muslim countries have been replaced by modified British or European imports.

How do Muslims make sense of the hudud’s absence? Can we justify it or, taking things one step further, can we justify not calling for their return? Muslim scholars have followed several tacks in negotiating these profound questions. In the mid-twentieth century some argued that the hudud were abandoned because of Western pressures during the colonial period and that, if restored, the hudud would help mold more law-abiding and harmonious societies. Once reaffirmed, these scholars argued, the punishments themselves would rarely ever be carried out.[84] Others have more recently argued that a revival of the hudud would be inappropriate for the foreseeable future because our political and social environments make removing all ambiguities (shubuhāt) systematically impossible.[85] It’s assumed that this situation is a result of colonialism and the globalization of Western values. But some scholars have argued that this had been the case for almost a millennium. Hence the extraordinary rarity of the hudud being carried out.

Taken to a higher level of detail, one Shariah argument for the hudud not being obligatory at present is that, like a person trying to perform ablutions on a missing limb, the ‘locus of the ruling’ has vanished. According to this argument, whatever the motivation for Muslim states abandoning the hudud, their absence makes them irrelevant until someone decides to revive them. Another argument is that our current era is an “age of crisis and necessity” (ḍarūra). Since in Islamic law ‘necessity makes the prohibited permissible,’ Muslim states under foreign domination or other constraints are allowed to lapse in ways that would otherwise not be allowed.

The Mauritanian scholar Abdallah Bin Bayyah has made the interesting argument that he based on the Prophet ﷺ prohibiting cutting off the hand of Muslim soldiers who stole while on campaign. Instead, the Prophet ﷺ punished them with lashes or delayed the punishment until the need for a full fighting force had passed.[86] Though Muslims are not literally in the land of the enemy, Bin Bayyah writes, they are in “a land of anxiety” where many Muslims feel uncomfortable with the hudud’s harsh physical punishments.[87] It’s as if the Abode of Islam has been culturally conquered, with Muslims becoming allergic to their own revealed tradition.

The most important point to note is that Muslim scholars have affirmed that what is essential for Muslims is to believe that the Shariah is ideal law and that the hudud are valid in theory. The actual implementation of the hudud comes at the discretion of the ruler/state and is not necessary for people to be Muslim.[88]

Can We Escape the Controversy?

Today few issues are brought up more in the media to question the civility of Islam than the hudud. Few issues are more often invoked to allude consciously or unconsciously to a clash of civilizations between the benighted past of Islam and the enlightened present of the West. When the Sultan of Brunei announced in 2014 that his country would phase in Shariah criminal law, hudud included, there was an international outcry at this return “to the dark ages.” Few issues are as political as the hudud.

The hudud are, in fact, the perfect storm of controversy and grievance. To the twentieth-century West, with its phobia of physical punishment, prison-centered approach to criminal justice and increased social permissiveness in matters sexual, the hudud are barbarity embodied. In the Muslim world, reeling from colonialism and the globalization of Western norms, the hudud have re-emerged for many as icons of a commitment to Islamic authenticity. To many Islamist movements around the world, the notion of re-establishing the hudud became both the symbol and substance of a longed-for restoration of an authentic past and an independent future.

To be fair, holding the hudud up as the symbol of a true, godly order is not some modern fabrication. The Mamluk Sultan al-Ghūrī was not unusual in hoping to be associated with stoning an adulterer. A quick glance through any chronicle of medieval Islamic civilization will yield mention of rulers or dynasties praised for ‘upholding the Limits of God.’ But, as we have seen, the hudud were really not much more than symbols of submission to the idea of God’s law.

It’s hard to know if those countries that do enforce hudud punishments today represent a continuation of pre-modern Islamic legal practice or not. The hudud are probably carried out in Saudi Arabia at a higher rate than they were historically in Muslim societies.[89] But they are still very rare. Between 1981 and 1992, there were four executions by stoning in Saudi Arabia and forty-five amputations for theft. In a one-year sample (1982-83), out of 4,925 convictions for theft, only two hands were cut off. The rest of the guilty were punished by taʿzīr. In the same time period, out of 659 convictions for hudud-level sexual crimes, no one was stoned. Many death sentences are the result of political punishments, not the hudud.[90][90] In Nigeria’s northern states, all of which have adopted Shariah-based legal codes, a few amputations for theft have taken place. There have been at least two sentences to death for adultery, but in all cases so far ambiguities were found to release the guilty party.

Like American conservatives calling for a return to some imagined utopia of the 1950s, the authentic past that modern Muslim states claim to revive with the hudud is mostly an imagined one. It is envisioned to fend off the loss of identity and autonomy that so many have felt in the modern age. So it is no surprise that countries today where the hudud are actively enforced either define themselves by their resistance to the Western imperial order (Iran), by claims to embody Islamic authenticity (Saudi Arabia), or lie on sharp cultural, religious and political fault lines between Western cultural and military imposition on the one hand and strong traditions of indigenous identity on the other (Nigeria, Pakistan, Afghanistan).

So today it is almost impossible to discuss the hudud apart from consuming political tensions and conflicts over identity and autonomy. In 2005 the Swiss Muslim scholar and intellectual Tariq Ramadan called for a moratorium on corporal punishment, stoning, and the death penalty in the Muslim world. He was subsequently savaged by both Western critics of Islam who saw his call as too little and by some more conservative Muslim ulama who saw it as transgressing the commands of God.

Could we imagine some alternate reality in which a complex, cosmopolitan Muslim state passed through the wrenching processes of industrialization, centralization, and urbanization while preserving a Shariah legal regime intact? The Ottoman Empire actually offers something fairly close to that. It passed through significant industrialization and urbanization. Though by the mid-1800s the Ottomans were certainly feeling the political and cultural pressures of European power, they escaped the worst of Western colonialism until World War I.

The Ottoman Penal Code of 1858 is a fascinating artifact of a modernizing, unquestionably Shariah-legitimate criminal law. The Code was produced as part of the Ottoman state’s reform of its entire administration in light of new technologies and new challenges. The 1858 Code reformed the penal system by replacing existing punishment such as the bastinado with forced labor (kürek), prison, fines and exile (it also retained the death penalty for some crimes). The Code drew almost all of this content nearly verbatim from the French Penal Code of 1832.

And yet the Code’s Islamic legitimacy was not in question. It begins ‘In the name of God, the most Gracious, the most Merciful’ and was approved by the Ottoman religious establishment, which remained deeply conservative until the end of the empire. The 1858 Code never mentions hudud, but this was not because it eliminated them. Rather, this was because the whole Code explicitly limited itself to reforming the taʿzīr level of punishments. Since the hudud had not been an effective presence in legal application, replacing the taʿzīr area was tantamount to overhauling the entirety of Ottoman criminal law. By not removing the hudud and instead leaving them in effective abeyance, the 1858 Code avoided assaulting a major symbol of Islamic legitimacy. The punishments it introduced were set by the French, but they were just as ‘Islamic’ as the ones previously used by Ottoman judges, since taʿzīr was a matter of discretion not specified in the Qur’an and Sunna. Moreover, the first paragraph of the 1858 Code commits to not violating any rights of individuals under the Shariah, and it even retained people’s rights to the Qiṣāṣ process in the case of homicide should they choose it.

Let’s imagine that the Ottoman Empire had not been on the losing side in World War I and that it had continued on to the present day, maintaining its 1858 Penal Code (which survived until 1923 anyway) with slight modifications. Would we hear the same controversies we do over executions in Saudi Arabia or reviving the hudud in Brunei? Probably not as much, because the hudud would have continued as a symbol with no noticeable role in the law.

Yet there would, no doubt, still be some protests. As Amnesty International objected over Brunei’s announcement, the Shariah is problematic because it assigns harsh punishments “for acts that should not even be considered crimes.” The bottom line is that many modern objections to the Shariah in general and to the hudud in particular are not about specific punishments. They are about many Muslims’ insistence that acts like fornication should be condemned as criminal in the first place. Perhaps they are even about the insistence that such acts should be deemed morally reprehensible at all.

It’s worth considering that the crimes human societies have judged the most acutely harmful—murder and rape—are not included among the agreed upon hudud crimes. Perhaps the hudud are not necessarily the most grievous crimes in terms of the toll they take on their victims or society. Fornication and hudud-level theft are offenses almost by definition done in private, as intoxication could be as well. They are done out of the sight of all but God. Perhaps these stringent laws, which God’s mercy has made almost impossible to apply, exist primarily to remind people of the enormity of the sins that they usually get away with.

Appendix: Requirements for Amputation for Theft from al-Subki

This is a fatwa given by Taqī al-Dīn ʿAlī b. ʿAbd al-Kāfī al-Subkī (d. 756/1356), a senior Shafi scholar and judge from one of the leading scholarly families of Damascus:

The Imam and Shaykh, may God have mercy on him, said: It has been agreed upon that the Hadd [punishment] is obligatory for one who has committed theft and [for whom the following conditions apply]:

  • [the item] was taken from a place generally considered secure (ḥirz)
  • it had not been procured as spoils of war (mughannam)
  • nor from the public treasury
  • and it was taken by his own hand
  • not by some tool or mechanism (āla)
  • on his own
  • solely
  • while he was of sound mind
  • and of age
  • and a Muslim
  • and free
  • not in the Haram
  • in Mecca
  • and not in the Abode of War
  • and he is not one who is granted access to it from time to time
  • and he stole from someone other than his wife
  • and not from a uterine relative
  • and not from her husband if it is a woman
  • when he was not drunk
  • and not compelled by hunger
  • or under duress
  • and he stole some property that was owned
  • and would be permissible to sell to Muslims
  • and he stole it from someone who had not wrongfully appropriated it
  • and the value of what he stole reached ten dirhams
  • of pure silver
  • by the Meccan weight
  • and it was not meat
  • or any slaughtered animal
  • nor anything edible
  • or potable
  • or some fowl
  • or game
  • or a dog
  • or a cat
  • or animal dung
  • or feces (ʿadhira)
  • or dirt
  • or red ochre (maghara)
  • or arsenic (zirnīkh)
  • or pebbles
  • or stones
  • or glass
  • or coals
  • or firewood
  • or reeds (qaṣab)
  • or wood
  • or fruit
  • or a donkey
  • or a grazing animal
  • or a copy of the Qur’an
  • or a plant pulled up from its roots (min badā’ihi)
  • or produce from a walled garden
  • or a tree
  • or a free person
  • or a slave
  • if they are able to speak and are of sound mind
  • and he had committed no offense against him
  • before he removed him from a place where he had not been permitted to enter
  • from his secure location
  • by his own hand
  • and witness is born
  • to all of the above
  • by two witnesses
  • who are men
  • according to [the requirements and procedure] that we already presented in the chapter on testimony
  • and they did not disagree
  • or retract their testimony
  • and the thief did not claim that he was the rightful owner of what he stole
  • and his left hand is healthy
  • and his foot is healthy
  • and neither body part is missing anything
  • and the person he stole from does not give him what he had stolen as a gift
  • and he did not become the owner of what he stole after he stole it
  • and the thief did not return the stolen item to the person he stole it from
  • and the thief did not claim it
  • and the thief was not owed a debt by the person he stole from equal to the value of what he stole
  • and the person stolen from is present [in court]
  • and he made a claim for the stolen property
  • and requested that amputation occur
  • before the thief could repent
  • and the witnesses to the theft are present
  • and a month had not passed since the theft occurred

[1] The compensation paid to the victim or the family was the wergild (lit. man price) or bot, while the wite was paid to the king or lord for breaking the mund (peace); Bruce O’Brian, “Anglo-Saxon Law,” in Oxford International Encyclopedia of Legal History, ed. Stanley Katz (London: Oxford University Press, 2009), 1:82; F.W. Maitland, The Constitutional History of England (Cambridge: Cambridge University Press, 1908), 107-9.

[2] This well-known phrase does not appear in the US Constitution, but was adopted into American law around 1800 from English law. It was first formally articulated in England in the 1780s, though it was actually used in 1770 in Boston by the future President John Adams and Robert Paine in their defense of the British soldiers involved in the Boston massacre; see James Q. Witman, The Origins of Reasonable Doubt (New Haven: Yale University Press, 2008), 187, 193-94; and http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1000&context=fss_papers.

[3] Heikki Pihlajamäki and Mia Korpiola, “Medieval Canon Law: The Origins of Modern Criminal Law,” in The Oxford Handbook of Criminal Law, ed. Markus Dubber and Tatjiana Hörnle (Oxford: Oxford University Press, 2014), 214-215; Kenneth Pennington, “Innocent until Proven Guilty: The Origins of a Legal Maxim,” The Jurist 63 (2003): 106-24.

[4] Abū Bakr al-Khaṣṣāf, Adab al-Qāḍī, ed. Farhat Ziadeh (Cairo: Maṭbaʿat al-Jablāwī, 1979), 254.

[5] Ṣaḥīḥ al-Bukhārī: kitāb al-jihād wa’l-siyar, bāb ism al-fars wa’l-ḥimār; Ṣaḥīḥ Muslim: kitāb al-īmān, bāb man laqiya Allāh bi’l-īmān…; kitāb al-zakāt, bāb ithm māniʿ al-zakāt.

[6] Ṣaḥīḥ al-Bukhārī: kitāb al-muḥāribīn min ahl al-kufr wa’l-ridda, bāb kam al-taʿzīr wa’l-adab.

[7] Jonathan Brown, “Taʿzīr,” Oxford Encyclopedia of Islam and Law (Oxford: Oxford University Press, forthcoming).

[8] This minimal list is held by the Hanafi school (NB: for Hanafis, ḥirāba was included under the heading of sariqa). All other schools consider public apostasy (ridda) and sodomy to be among the hudud crimes as well. In the Maliki school, ghīla (assassination or murder to steal someone’s money) is considered a hudud crime punished by death. See Wahba al-Zuḥaylī, Mawsūʿat al-fiqh al-islāmī, 14 vols. (Damascus: Dār al-Fikr, 2010), 5:714-15; Ṣāliḥ ʿAbd al-Salām Al-Ābī, al-Thamar al-dānī fī taqrīb al-maʿānī Ḥāshiyat Risālat Ibn Abī Zayd al-Qayrawānī. 2nd ed. (Cairo: Muṣṭafā al-Bābī al-Ḥalabī, 1944), 423, 432, 435.

[9] There is some disagreement over qadhf, which some scholars consider to be a violation of the rights of human beings only; Manṣūr b. Yūnus al-Buhūtī, al-Rawḍ al-murbiʿ, ed. Bashīr Muḥammad ‘Uyūn (Damascus: Maktabat Dār al-Bayān, 1999), 466; al-Khaṣṣāf, Adab al-Qāḍī, 217, 333; Muḥammad b. Aḥmad al-Qurṭubī, al-Jāmiʿ li-aḥkām al-Qur’ān, ed. Muḥammad Ibrāhīm al-Ḥifnāwī and Maḥmūd Ḥāmid ‘Uthmān, 20 vols. in 10 (Cairo: Dār al-Ḥadīth, 1994), 6:476 (on verse 24:4).

[10] Ṣaḥīḥ al-Bukhārī: kitāb al-muḥāribīn min ahl al-kufr wa’l-ridda, bāb al-iʿtirāf bi’l-zinā; Ṣaḥīḥ Muslim: kitāb al-ḥudūd, bāb ḥadd al-zinā, bāb man iʿtarafa ʿalā nafsihi bi’l-zinā.

[11] There has long been effective consensus on the punishment of stoning for adultery, which was even accepted by the Muʿtazila school of thought (though not by the Kharijis). In 1973, the famous Egyptian ʿālim and scholar of law Muḥammad Abū Zahra (d. 1974) stated at a conference in Libya that he seriously doubted the reliability of the reports that the Prophet ﷺ had engaged in stoning, considering it too cruel a punishment (this was reported by two scholars in attendance, Muṣṭafā Zarqā’ and Yūsuf al-Qaraḍāwī, see Muḥammad Abū Zahra, Fatāwā, ed. Muḥammad ʿUthmān Bashīr (Damascus: Dār al-Qalam, 2006), 673. There is a modern theory that stoning is taʿzīr, and thus discretionary, since the Prophet ﷺ said that God gave “a path out” (Qur’an 4:15) for a non-married virgin who had fornicated with the 100 lashes mentioned in the Qur’an and then an additional year of exile added by the Prophet ﷺ as taʿzīr; the punishment for the married adulterer would mirror this, with 100 lashes from the Qur’an and then stoning as the Prophet ﷺ added, discretionary taʿzīr. Dr. Jasser Auda argues in his book Naqd naẓariyyat al-naskh that stoning was Jewish law practiced in the beginning of Islam and then abrogated by Surat al-Nūr. See Jasser Auda, Naqd naẓariyyat al-naskh (al-Shabaka al-ʿArabiyya li’l-Abḥāth, 2013). What has emerged as very controversial in the modern period is the notion that there could be a verse of the Qur’an concerning stoning that was removed (naskh) by God. Most pre-modern Muslim scholars had no problem with the notion that the Qur’an originally included a verse stating ‘The noble man and woman, if they commit zinā, surely stone them both,’ but that God ordered the verse removed while maintaining the ruling intact. The famous Shāfiʿī/Ashʿarī Hadith scholar Abū Bakr al-Bayhaqī (d. 458/1066) stated that he knew of no disagreement on the possibility of a verse of the Qur’an being removed in its entirety (naskh al-tilāwa) while its ruling remained; Abū Bakr al-Bayhaqī, al-Sunan al-kubrā, ed. Muḥammad ʿAbd al-Qādir ʿAṭā, 11 vols. (Beirut: Dār al-Kutub al-ʿIlmiyya, 1999), 8:367. A leading traditionalist scholar of the twentieth century, ʿAbdallāh al-Ghumārī (d. 1993), however, denied the possibility of naskh al-tilāwa. He deemed it rationally impossible and added that all reports describing it as having occurred are narrated by too few transmissions (āḥād) to match the certainty of Qur’anic verses. He notes that the most reliable piece of evidence, namely the reports of the caliph ʿUmar in Ṣaḥīḥ al-Bukhārī that he worried that people would abandon stoning because it was not found in the book of God, do not actually include the wording of the supposed verse with that ruling, as pointed out by Ibn Ḥajar (though Ibn Ḥajar does not doubt that there was such a verse); ʿAbdallāh b. al-Ṣiddiq al-Ghumārī, Dhawq al-ḥalāwa bi-bayān imtināʿ naskh al-tilāwa, 2nd ed. (Cairo: Maktabat al-Qāhira, 2006), 12, 14; Ṣaḥīḥ al-Bukhārī: kitāb al-muḥāribīn min ahl al-kufr wa’l-ridda, bāb al-iʿtirāf bi’l-zinā. Most ulama do not accept al-Ghumārī’s argument. For one thing, another sound narration of the hadith from ʿUmar includes his saying, regarding a Qur’anic verse on stoning, that “We recited it, understood it and heeded it” (Ṣaḥīḥ al-Bukhārī: kitāb al-muḥāribīn…, bāb rajm al-ḥublā min al-zinā idhā aḥṣanat). Although al-Ghumārī does not discuss this narration, he rejects as insufficient proof all the hadiths mentioning verses of the Qur’an being removed. See Ibn Ḥajar al-ʿAsqalānī, Fatḥ al-Bārī, ed. ʿAbd al-ʿAzīz Bin Bāz and Muḥammad Fu’ād ʿAbd al-Bāqī (Beirut: Dār al-Kutub al-ʿIlmiyya, 1997), 12:168, 173-74. See also al-Albānī, Silsilat al-aḥādīth al-ṣaḥīḥa, #2913.

[12] Ṣaḥīḥ Muslim: kitāb al-ḥudūd, bāb ḥadd al-khamr.

[13] Ṣaḥīḥ Muslim: kitāb al-qasāma wa’l-muḥāribīn…, bāb ḥukm al-murtaddīn wa’l-muḥāribīn.

[14] Sunan of Abū Dāwūd: kitāb al-ḥudūd, bāb mā jā’a fī al-muḥāraba.

[15]  Jāmiʿ al-Tirmidhī: kitāb al-ṭahāra, bāb mā jā’a fī bawl mā yu’kalu laḥmuhu.

[16] Al-Qurṭubī, Jāmiʿ li-aḥkām al-Qur’ān, 3:509-11.

[17] Mālik, al-Muwaṭṭa’: kitāb al-ḥudūd, bāb mā jā’a fī al-rajm; bāb tark al-shafāʿa li’l-sāriq idhā balagha al-sulṭān.

[18] Musnad of Ibn Ḥanbal (Maymaniyya print), 4:133 (The hadith reads:”man taraka mālan fa-li-warathatihi wa man taraka daynan aw ḍayʿatan fa-ilayya wa anā walī man lā walī lahu afukku ʿanhu wa arithuhu mālahu wa’l-khāl wārith man lā wārith lahu yafukku ʿanhu wa yarithu mālahu); 4:131 (This narration adds aʿqilu ʿanhu); 6:47.

[19] Al-Shāfiʿī, Kitāb al-Umm (Beirut: Dār al-Maʿrifa, 1393/1973), 6:21; See also Muwaffaq al-Dīn Ibn Qudāma, al-Mughnī, ed. ʿAbdallāh al-Turkī and ʿAbd al-Fattāḥ al-Ḥulw, 12 vols. (Cairo: Hujr, 1986), 9:476, 10:9, 22; Muḥammad al-Sarakhsī, al-Mabsūṭ, 30 vols. in 15. (Beirut: Dār al-Maʿrifa, [1978]), 10:219; al-Buhūtī, al-Rawḍ al-murbiʿ, 461; Aḥmad al-Qudūrī, The Mukhtaṣar, trans. Ṭāhir Maḥmood Kiānī (London: Ta-Ha Publishers, 2010), 530-31.

[20] This is based on a hadith in which the Prophet ﷺ says that, “The pen has been lifted [from writing a person’s deeds] for three people: the person sleeping until they wake up, the person afflicted [with some madness] until they recover, and the youth until they grow up,” on the Prophet’s question to a man confessing to zinā, “Do you know what zinā is?” and on the practice of the caliph ʿUmar, who ruled that, “There is no hadd except on the one who knew it (lā ḥadd illā ʿalā man ʿalimahu)”; Sunan of Abū Dāwūd: kitāb al-ḥudūdbāb fī al-majnūn yasriqu aw yuṣību ḥaddanSunan of Abū Dāwūd: kitāb al-ḥudūdbāb rajm Māʿiz bin Mālikal-Bayhaqī, Sunan al-kubrā, 8:415. See also al-Qudūrī, Mukhtaṣar, 544.

[21] This hadith can be found in Jāmiʿ al-Tirmidhī (kitāb al-diyāt, bāb mā jā’a fī al-qiṣāṣ), with a similar version narrated by Abū Hurayra (Sunan Ibn Mājahkitāb al-ḥudūdbāb mā jā’a fī al-satr ʿalā al-mu’min wa dafʿ al-ḥudūd bi’l-shubuhāt) (weak according to all). Scholars like Tirmidhī and Bayhaqī consider the narrations attributing this to Aisha rather than the Prophet ﷺ to be more reliable; al-Bayhaqī, Sunan al-kubrā, 8:413. For other Companions making similar statements, see al-Bayhaqī, Sunan al-kubrā, 8:413-15. According to Ibn Ḥajar, the most reliable version is Umar’s saying, “For me to err in the hudud because of ambiguities is more preferable for me than to carry them out because of ambiguities.” See Shams al-Dīn al-Sakhāwī, al-Maqāṣid al-ḥasana, ed. Muḥammad ʿUthmān al-Khisht (Beirut: Dār al-Kitāb al-ʿArabī, 2004), 42.

[22] See Intisar Rabb, “Islamic Legal Maxims as Substantive Canons of Construction: Ḥudūd-Avoidance in Cases of Doubt,” Islamic Law and Society 17 (2010): 63-125.

[23] Qur’an 24:2, 4, and the Qur’an reiterates the need for four witnesses again in verse 2:15.

[24] aḥīḥ al-Bukhārī: kitāb al-muḥāribīn min ahl al-kufr wa’l-ridda, bāb lā yurjamu al-majnūn wa’l-majnūna, bāb hal yaqūlu al-imām li’l-muqirr laʿallaka lamasta aw ghamazta; Ṣaḥīḥ Muslim: kitāb al-ḥudūd, bāb ḥadd al-zinā, bāb man iʿtarafa ʿalā nafsihi bi’l-zinā.

[25] Sunan of Abū Dāwūd: kitāb al-ḥudūd, bāb rajm Māʿiz b. Mālik, bāb fī rajm al-yahūdiyayn.

[26] Ibn al-Amīr al-Ṣanʿānī, Subul al-salām, ed. Muḥammad ʿAbd al-Raḥmān al-Marʿashlī. 3rd ed, 4 vols. (Beirut: Dār Iḥyā’ a-Turāth al-ʿArabī, 2005), 4:9.

[27] ʿAbd al-Wahhāb al-Shaʿrānī, al-Mīzān al-kubrā, 2 vols. in 1 (Cairo: Maktabat Zahrān [no date]. Reprint of 1862 Cairo ed. from Maktabat al-Kastiliyya), 2:145.

[28] Sulaymān al-Bujayramī, Ḥāshiyat al-Bujayrimī ʿalā al-Minhāj (Cairo: Maṭbaʿat Muḥammad Shāhīn, 1380/1960), 345; Mullā ʿAlī al-Qāri’, Sharḥ Musnad Abī Ḥanīfa, ed. Khalīl Muḥyī al-Dīn al-Mīs (Beirut: Dār al-Kutub al-ʿIlmiyya, n.d.), 487; Muḥyī al-Dīn al-Nawawī, al-Majmūʿ, ed. Muḥammad Najīb al-Muṭīʿī (Jedda: Maktabat al-Irshād, n.d.), 5:211.

[29] James Baldwin, “Prostitution, Islamic Law and Ottoman Societies,” Journal of the Economic and Social History of the Orient 55 (2012): 125.

[30] Ṣaḥīḥ al-Bukhārī: kitāb al-ḥudūd, bāb qawl Allāh taʿālā wa’l-sāriqu wa’l-sāriqatu….

[31] Sunan of Abū Dāwūd: kitāb al-ḥudūd, bāb fī al-talqīn fī al-ḥudūd; Sunan al-Nasā’ī: kitāb qaṭʿ al-sāriq, bāb talqīn al-sāriq.

[32] Mullā Hüzrev, Durar al-ḥukkām sharḥ ghurar al-aḥkām, 2 vols. (Istanbul: Fazilat, n.d. Reprint of Amīriyya print, n.d.), 2:82.

[33] Al-Buhūtī, Rawḍ, 469; Sunan of Abū Dāwūd: kitāb al-ḥudūd, bāb man saraqa min ḥirz.

[34] Jāmiʿ al-Tirmidhī: kitāb al-ḥudūd, bāb mā jā’a fī al-khā’in wa’l-mukhtalis wa’l-muntahib.

[35] Rudolph Peters, Crime and Punishment in Islamic Law (Cambridge: Cambridge University Press, 2005), 54. The same was observed by the British in the application of the punishment for theft in India in the late 1700s. See Jörg Fisch, Cheap Lives and Dear Limbs: The British Transformation of the Bengal Criminal Law 1769-1817 (Wiesbaden: Franz Steiner, 1983), 76.

[36] Al-Ṣanʿānī, Subul al-salām, 4:41; al-Buhūtī, Rawḍ, 467.

[37] Al-Bayhaqī, Sunan al-kubrā, 8:549

[38] Al-Buhūtī, Rawḍ, 467.

[39] Al-Qurṭubī, Jāmiʿ li-aḥkām al-Qur’ān, 3:515.

[40] Al-Khaṭīb al-Shirbīnī, Mughnī al-muḥtāj, 4:176; al-Shaʿrānī, Mīzān al-kubrā, 2:225.

[41] Al-Shaʿrānī, Mīzān al-kubrā, 2:227.

[42] Ṣaḥīḥ al-Bukhārī: kitāb al-muḥāribīn min ahl al-kufr wa’l-ridda, bāb idhā aqarra bi’l-ḥadd…; ṢaḥīḥMuslim: kitāb al-tawba, bāb fī qawlihi taʿālā inna al-ḥasanāt tudhhibna al-sayyi’āt.

[43] Sunan of Abū Dāwūd: kitāb al-adab, bāb fī al-nahy ʿan al-tajassus.

[44] Sunan of Abū Dāwūd: kitāb al-adab, bāb fī al-nahy ʿan al-tajassus.

[45] Sunan of Abū Dāwūd: kitāb al-ḥudūd, bāb al-ʿafw fī al-ḥudūd mā lam tablugh al-sulṭan.

[46] Sunan of Abū Dāwūd: kitāb al-ḥudūd, bāb al-sāriq idhā yasriqu fī al-ghazw a-yuqṭaʿu.

[47] Lā yajūzu iqāmat al-ḥudūd maʿa iḥtimāl ʿadam al-fā’ida; Abū Bakr al-Kāsānī, Badā’iʿal-ṣanā’iʿ (Beirut: Dār al-Kutub al-ʿIlmiyya, 2003), 9:248.

[48] Alexander Russell, A Natural History of Aleppo, 2 vols. (London: no publisher, 1794), 1:331.

[49] Edward Lane, Manners and Customs of the Modern Egyptians (New York: Cosimo, 2005), 112.

[50] Fariba Zarinebaf-Shahr, ‘Women in the Public Eye in Eighteenth-Century Istanbul,’302–304; Anne-Marie Cusac, Cruel and Unusual: The Culture of Punishment in America (New Haven: Yale University Press, 2009), 22.

[51] ʿAbd al-Qādir al-Badā’ūnī, Muntakhabu-t-Tawārīkh, trans. W.H. Lowe (Delhi: Renaissance Publishing, 1986), 3:146.

[52] See, for example, al-Suyūṭī complaining about a brothel that continued operating in Cairo; Al-Suyūṭī, al-Taḥadduth bi-niʿmat Allāh, ed. Elizabeth Sartain (Cairo: al-Maṭbaʿa al-ʿArabiyya al-Ḥadītha, 1972), 175.

[53] This scholar’s name was Saʿd Allāh Banī Isrā’īl; Badā’ūnī, Muntakhab, 3:88. For this point of prohibiting tajassus, see Sunan of Abū Dāwūd: kitāb al-adab, bāb fī al-nahy ʿan al-tajassusThe judge in question was ʿAlī b. Muḥammad al-Zarruwaylī (d. 1319 CE); Muḥammad b. Jaʿfar al-Kattānī, Salwat al-anfās wa muḥādathat al-akyās mimman uqbira min al-ʿulamā’ wa’l-sulaḥā’ bi-fās, ed. ʿAbdallāh al-Kāmil al-Kattānī et al., 3 vols. (Casablanca: Dār al-Thaqāfa, 2004), 3:180. 

[54] Ibn Baṭṭūṭa, The Travels of Ibn Battuta, ed. H.A.R. Gibb, 3 vols. (New Delhi: Munshiram Manoharlal, 2004), 2:219.

[55] Al-Badā’ūnī, Muntakhabu-t-Tawārīkh, 3:129-130.

[56] Muḥammad b. Aḥmad Ibn Iyās, Badā’iʿ al-zuhūr fī waqā’iʿ al-duhūr, ed. Muḥammad Muṣṭafā (Cairo: al-Hay’a al-Miṣriyya al-ʿĀmma li’l-Kutub, 1984), 4:340-45; Najm al-Dīn al-Ghazzī, al-Kawākib al-sā’ira bi-aʿyān al-mi’a al-ʿāshira, ed. Jibrā’īl Jabbūr, 3 vols. (Beirut: Dār al-Āfāq al-Jadīda, 1979), 1:102-5, 295.

[57] Al-Ghazzi, al-Kawākib al-sā’ira, 1:103.

[58] Al-Khaṣṣāf, Adab al-qāḍī, 349.

[59] Muḥammad b. ʿAlī al-Shawkānī, “Rafʿ al-asāṭīn fī ḥukm al-ittiṣāl bi’l-salāṭīn,” in Majmūʿ fīhi sabaʿ rasā’il li’l-imām al-muḥaqqiq Muḥammad b. Ismāʿīl al-Amīr al-Ṣanʿānī, ed. Muḥammad al-Ṣaghīr Muqaṭṭirī (Beirut: Dār Ibn Ḥazm, 2004), 452-3.

[60] Andrew Lees, The City: A World History (London: Oxford University Press, 2015), 49.

[61] G. Edward White, American Legal History: A Very Short Introduction (Oxford: Oxford University Press, 2014), 74.

[62] Ṣaḥīḥ al-Bukhārī: kitāb al-aḥkām, bāb al-ḥākim yaḥkumu bi’l-qatl ʿalā man wajaba ʿalayhi….

[63] Lawrence M. Friedman, A History of American Law, 2nd ed. (New York: Simon & Schuster, 1985), 577.

[64] Wael Hallaq, Sharīʿa (Cambridge: Cambridge University Press, 2009), 163.

[65] I draw this equation from lecture notes from Professor Neal Katyal’s course on Criminal Law at Georgetown Law School, 9/11/15.

[66] E. P. Thompson, Whigs and Hunters: The Origin of the Black Act (New York: Pantheon Books, 1975), 270–77.

[67] Cusac, Cruel and Unusual, 28-29.

[68] J.S. Cockburn, A History of the English Assizes 1558-1714 (Cambridge: Cambridge University Press, 1972), 128-133.

[69] J.J. Tobias, Crime and Industrial Society in the Nineteenth Century (New York: Schocken, 1967), 249-50.

[70] Norval Morris and David J. Rothman, eds., The Oxford History of the Prison (New York: Oxford University Press, 1998), vii.

[71] John Langbein, “The Historical Origins of the Sanction of Imprisonment for Serious Crimes,” Journal of Legal Studies 5, no. 1 (1976): 36.

[72] Cusac, Cruel and Unusual, 21.

[73] John Langbein, “The Historical Origins of the Sanction of Imprisonment for Serious Crimes,” 51.

[74] Cusac, Cruel and Unusual, 36, 41-44.

[75] Cusac, Cruel and Unusual, 53-56.

[76] Radhika Singha, A Despotism of Law: Crime & Justice in Early Colonial India (Delhi: Oxford University Press, 1998), 3, 9, 24, 52, 54-55.

[77] Peter Moskos, In Defense of Flogging (New York: Basic, 2011), 50.

[78] Moskos, In Defense of Flogging, 52, 56.

[79] Cusac, Cruel and Unusual, 13.

[80] Moskos, In Defense of Flogging, 74.

[81] Gunnar J. Weimann, “Nigeria,” in The [Oxford] Encyclopedia of Islam and Law. Oxford Islamic Studies Online. 05-Dec-2016. <http://www.oxfordislamicstudies.com/article/opr/t349/e0071&gt;.

[82] Hudud have been in place in Sudan since 1991. The main manifestations have been flogging for intoxication; Olaf A. Köndgen, “Sudan,” in The [Oxford] Encyclopedia of Islam and Law. Oxford Islamic Studies Online. 05-Dec-2016. <http://www.oxfordislamicstudies.com/article/opr/t349/e0079&gt;.

[83] In Iran, the amputation for theft is very rarely carried out, though in Imami Shiism it is only the fingertips that are cut off, not the hand. Stoning is not carried out; Hassan Rezaei, “Iran,” in The [Oxford] Encyclopedia of Islam and Law. Oxford Islamic Studies Online. 05-Dec-2016. <http://www.oxfordislamicstudies.com/article/opr/t349/e0056&gt;.

[84] ʿAbd al-Ḥalīm Maḥmūd, Fatāwā, 2 vols. (Cairo: Dār al-Shurūq, 2002), 2:434; Maḥmūd Shaltūt, al-Islām ʿaqīda wa sharīʿa, 14th ed. (Cairo: Dār al-Shurūq, 1987), 302-4.

[85] ʿAlī Jumʿa, al-Bayān li-mā yashghalu al-adhhān (Cairo: al-Muqaṭṭam, 2005), 71-2; see a 2013 interview with Yūsuf al-Qaraḍāwī and its transcript.

[86] Sunan of Abū Dāwūd: kitāb al-ḥudūd, bāb al-sāriq yasriqu fī al-ghazw a-yuqṭaʿu.

[87] ʿAbdallāh Bin Bayyah, Tanbīh al-marājiʿ ʿalā ta’ṣīl fiqh al-wāqiʿ (UAE: Muntadā Taʿzīz al-Silm fī al-mujtamaʿāt al-Muslima, 2014), 83-5.

[88] Shaltūt, Fatāwā, 45; Jumʿa, al-Bayān, 71; Bin Bayyah, Tanbīh, 83-4.

[89] Knut Vikør, Between God and the Sultan: A History of Islamic Law (Oxford: Oxford University Press, 2005), 266.

[90]  Frank Vogel, Islamic Law and Legal System (Leiden: Brill, 2000), 246-47; Vikør, 266.

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Who is Syed Muhammad Hussain Batalvi? 1840-1920

Intro
Syed Muhammad Hussain Batalvi (1840-1920) was a contemporary of Mirza Ghulam Ahmad in the Punjab.  They were both born during the the last 8-9 years of Sikh rule and were under the Ramgharia Misl, which was annexed into the greater Sikh Empire in roughly 1816 by Ranjit Singh.  They were both educated by the same teachers as British rule began in roughly 1850.  Their parents also knew each other, when MGA’s family went to Batala, they always stayed at the ancestoral home of Syed Muhammad Hussain Batalvi.  They were both Ahl-e-Hadith Muslims aka Wahabis.  In 1878 Batalvi started the Ishaat us Sunnah magazine and gave MGA space to market his new book-series, the Braheen-e-Ahmadiyya.  In 1881, Batalvi gave MGA an exhaustive review and supported MGA’s work via the Ahl-e-Hadith.  In 1884, when MGA wanted to get married, Batalvi had a list of young girls with him and shared it with MGA, this is how they found out about the daughter of Mir Nasir Nawab.  The Ahl-e-Hadith grew weary of MGA in late 1884 and some even called MGA a Kafir, since MGA was boasting about divine revelations in his book series (the Braheen), neverthless, Batalvi stuck up for MGA yet again.  By 1889 they became enemies, since MGA claimed to be the second coming of Esa (as).  They organized debates with each other and jousted from their magazines until 1899, when the British government stepped in and absolved MGA and forced Batalvi to never insult MGA ever again (by calling him kafir or otherwise).  His disputes with Ahmadiyya seem to have ended here.  However, he did have a famous debate with a Quranist in 1902 and his sons were found at Qadian in 1910, later on they recanted and left Ahmadiyya.

The 1850’s
MGA and Batalvi used some of the same teachers and were classmates at many times, most likely in Batala.

1860–1869
Batalvi studied Hadith, logic and grammar from Molvi Syed Nazeer Husain (1805-1901).  The same Maulvi that read MGA’s nikkah in 1884.

1869
After his mother died, and MGA completed his punishment, MGA returned to Qadian from Sialkot.  MGA abruptly visits Batala and almost has a debate with Batalvi, however, MGA comments that he agrees with everything Batalvi is saying (see BA4, pages 399-400).  Batalvi  had finished his studies on islam and as now an imam-proper.  This entire scenario happened in a mosque in Batala (see Dard, page 54).

1878
He starts his newspaper, Ishaat us Sunnah, which runs until 1900 and then goes missing.  It seems to have been replaced with a new newspaper, the “Ahl-i-Hadis”.  Which was edited by Maulvi Sanaullah.

1882
MGA mentions batalvi in BA3, on page 7 of the online english edition.  They seem to be very good friends.  MGA claims that Batalvi works as a secretary of the Anjuman-i-Hamdardi Islamia, Lahore.  Which is most likely the Anjuman Himayat-i Islam.  Maybe out of respect, MGA wrote it the way he did.

1884-MGA mentioned Batalvi in BA4
On pages 399-400, MGA remembers his debate with Batalvi that never happened.

1884 
Batalvi gives MGA’s Braheen-e-Ahmadiyya series a glowing review, however, after the 4th volume is published, the Ahl-e-Hadith Muslims call MGA a Kafir.  Batalvi sticks up for MGA in this era and claims that MGA is not claiming prophethood, only divine revelations.

1887
The magazine became quite popular and was recognized by notable scholars and Government Officials. When Sir Charles Umpherston Aitchison, Governor of the Punjab from 1882-1887, left the area in April 1887, he gave Muhammad Hussain, a certificate testifying to his ability and learning. Muhammad Hussain proudly records this fact (See ‘ Isha‘atus Sunnah’ Vol. 20, No. 3).

1888
MGA mentions Batalvi on page 20 of “The Green Announcement”.  They seem to still be friends up to this point.  MGA even refers to him an “eminent person”, we are not sure what the Urdu word is here for “eminent person”.

1889
Batalvi begins to question MGA and his claims of being the second coming of Esa (as).  This spills over into the early part of 1890.

1891
A full blown war breaks out between MGA and Batalvi.  They arrange to debate each other in Ludhiana, however, MGA requests the British government to intervene and save him.  This debate lasted for twelve days, from 20 July – 31 July 1891.  The venue was the ‘Masjid Awanan’ (Awana’s Mosque) at Ludhiana.  This was a written debate, wherein someone other then MGA read out MGA’s (alleged) writings.  The written papers of both sides were later published by MGA as Al-Haq Mubahathah Ludhiana (Urdu). [i.e. Truth: the Ludhiana Debate].  Batalvi goes around the Punjab and gets the majority of the Ulema to pass a Fatwa of Kufr on MGA.

1892
MGA mentions Batalvi extensively in his book, ‘Nishan Asmani’ in english as “Heavenly Signs”.

March 17th, 1892
On roughly March 17th, 1891, MGA predicts that Batalvi would die in 40 days time or would suffer a major tragedy.  It expires on April 27th and Batalvi is fine, Batalvi then writes about it in his newspaper, this prediction isn’t published by MGA until 1893, in a book called, Aina Kamalat e Islam at page 601-604.

May 4th, 1893
MGA publishes a prophecy about Batalvi, that would he repent and stop calling MGA a Kafir and etc (see page 39).  Ahmadi’s claim that this was fulfilled when the British Government ordered him to never call MGA or Ahmadi’s as Kafirs ever again in 1899 and it was manifested in 1911-1913 era, when he was called to court to testify about Ahmadi’s.

Oct-Dec 1898
He claims that MGA broke the law and conducted a prophecy vs. himself.  Even though MGA is guilty, the British government absolves MGA.  MGA issues another prophecy against Batalvi, MGA claims that Batalvi will be disgraced by Feb 1900.

1902
Ahmadiyya sources tell us that In November of 1902 a debate took place between Muhammad
Hussain Batalavi and ‘Abdullah Chakrhalavi on the importance and position of the Holy Quran and the hadith.  Chakrhalavi was the founder of the Ahl-e-Quran sect of North India, he died in 1931.

1905
In Lecture Ludhiana, MGA mentions Batalvi, and even says that he visited Qadian often from roughly 1855–1889.  MGA also mentions the case of 1898 wherein Capt. Le Marchand saved MGA from going to jail.

1907
MGA and his team publish a dream of MGA wherein it seems that Batalvi will convert to Ahmadiyya. It seems that MGA was still hoping that Batalvi would eventually accept MGA as the Messiah (See 2009 Online edition of Tadhkirah, pages 949-950).

1910
2 of his children seem to have been taken to Qadian by Ahmadi’s and forcibly converted to Ahmadiyya.  Later on they recanted.  He also appears as a witness in some Ahmadiyya related cases.

1920
Batalvi dies.

1931
Ahmadi’s publish: “Batalvi Ka Anjam” by Mir Qasim Ali.

1937
The son of Batalvi writes a book about MGA called “The useless Prophet”.

2019
Via twitter, Ahmadi’s share info that some of the great grandsons of Batalvi have become Ahmadi.

Links and Related Essays

https://ahmadiyyafactcheckblog.com/2018/12/30/out-of-fear-from-ahmadis-and-mgas-fake-prophecies-batalvi-registered-to-buy-a-gun-1898-1899-but-was-denied/

https://www.alislam.org/library/books/Conclusive-Argument-Islam.pdf

https://ahmadiyyafactcheckblog.com/2019/01/13/what-is-raz-e-haqiqat-in-english-as-a-hidden-truth/

https://www.alislam.org/library/books/Barahin-e-Ahmadiyya-Part-4.pdf

https://en.wikipedia.org/wiki/Molvi_Muhammad_Hussain_Batalvi

https://ahmadiyyafactcheckblog.com/2016/11/07/mgas-teachers-were-opium-addicts-2/

https://ahmadiyyafactcheckblog.com/2018/02/03/a-young-mirza-ghulam-ahmad-stole-his-daddys-pension-money-and-was-punished-by-never-being-able-to-see-his-mother-again/

https://www.alislam.org/library/books/TheHeavenlySign.pdf

https://ahmadiyyafactcheckblog.com/2018/12/29/what-is-the-ishaat-us-sunnah-the-ahle-hadith-newspaper-edited-muhammad-hussain-batlavi/

https://ahmadiyyafactcheckblog.com/2017/10/20/ishaat-us-sunnah-the-ahle-hadith-newspaper-some-quotes/

https://ahmadiyyafactcheckblog.com/2017/06/19/ahmadiyya-leadership-lied-about-the-age-of-mgas-second-wife/

https://ahmadiyyafactcheckblog.com/2017/08/30/batalvi-ka-anjam-by-mir-qasim-ali-1931/

https://ahmadiyyafactcheckblog.com/2018/05/30/nikama-nabi-or-the-useless-prophet-by-babu-ghulam-mustafa-sb-son-of-muhammad-hussain-batalvi/

https://ahmadiyyafactcheckblog.com/2017/12/09/mirza-ghulam-ahmad-was-considered-a-kafir-in-1884-before-his-wild-claims/

https://ahmadiyyafactcheckblog.com/2017/12/26/did-mirza-ghulam-ahmad-claim-to-be-the-messiah-in-1889/

https://ahmadiyyafactcheckblog.com/2017/12/09/mirza-ghulam-ahmad-was-accused-of-claiming-prophethood-in-the-1879-1884-era/

https://ahmadiyyafactcheckblog.com/2016/09/06/mirza-ghulams-ahmad-lecture-in-amritsar-nov-1905-was-not-a-lecture-it-was-a-riot/

https://ahmadiyyafactcheckblog.com/2017/10/15/mirza-ghulam-ahmads-debate-with-batalvi-summer-of-1891-was-stopped-by-the-british-govt-on-mgas-behalf/

https://ahmadiyyafactcheckblog.com/2018/12/30/out-of-fear-from-ahmadis-and-mgas-fake-prophecies-batalvi-registered-to-buy-a-gun-1898-1899-but-was-denied/

https://ahmadiyyafactcheckblog.com/2017/12/10/the-fatwa-e-kufr-vs-mirza-ghulam-ahmad-1891/

https://ahmadiyyafactcheckblog.com/2017/12/01/mirza-ghulam-ahmad-vs-batalvi-1891-1892-era-mga-sent-10-lanats-on-batalvi/

https://ahmadiyyafactcheckblog.com/2018/12/30/out-of-fear-from-ahmadis-and-mgas-fake-prophecies-batalvi-registered-to-buy-a-gun-1898-1899-but-was-denied/

https://ahmadiyyafactcheckblog.com/2018/03/31/batalvi-sent-some-of-his-children-to-qadian-for-schooling/

https://www.alislam.org/library/books/ReviewBatalaviChakrhalavi.pdf

https://www.alislam.org/library/books/The-Green-Announcement.pdf

Tags
#ahmadiyya #ahmadiyyatrueislam #ahmadiapartheid #Ahmadiyyat #rabwah #qadian #meetthekhalifa #muslimsforpeace #ahmadiyyafactcheckblog #nolifewithoutkhalifa #AhmadiMosqueattack #AhmadiyyaPersecution #Mosqueattack #trueislam #atifmian

Dr. Henry Martyn Clarke’s legal statement vs. MGA in the court of the District of Gurdaspur

Intro
Dr. Henry Martyn Clarke was working his best to get MGA arrested for a “breach of peace” in 1897, which was factual and accurate, MGA would have been found guilty, however, since the white colonist favored MGA, thus, MGA was never found guilty.  Dr. Clarke had initially filed the case at Amritsar, however, it was out of jurisdiction and was thus moved to Gurdaspur.  Dr. Clarke had already given his testimony at Amritsar, nevertheless, he gave a much more detailed commentary of the arrival of Abdul Hameed and his background at Gurdaspur.  We found this testimony in MGA’s book,. “kitab ul Barriya” (1897), in a Lahori-Ahmadi translation, pages 144-153.  It is important to note that MGA attempted to refute lots of the data in this testimony, we have left the footnotes in-tact and have added another section at the bottom wherein MGA’s comments can he aligned.

The expanded testimony
I have been a missionary doctor for fifteen years. I have known Mirza sahib since 1893. I was the originator of the religious debate which took place between Mr. Abdullah Atham and him. Mirza Ghulam Ahmad had claimed to be the leader of the Muslims. Before the debate began, we produced a book written by Maulvi Muhammad Husain Batalvi in which the leaders of the Muslims had declared that Mirza sahib was not a Muslim but an unbeliever and uncle of the Antichrist.  I was president of the debate committee from the side of the Christians. Twice I had to participate in the debate in place of Abdullah Atham. Mirza Ghulam Ahmad had to suffer a crushing defeat. Mirza sahib declared that he worked miracles. We demanded healing of the blind and the lame who were brought there. But he could not do so. Then Mirza sahib predicted that the Christian adversary would die within fifteen months. That is to say, that whoever of the two parties was not following the truth would be thrown into hell by the punishment of death within fifteen months. I present the printed book Jang-i-Muqaddas. The sign ∧ has been marked where Mirza sahib wrote this prophecy. Subsequently people had Abdullah Atham in mind. Abdullah Atham was an old man. Many persons were deputed to look after Abdullah Atham’s health. Abdullah Atham was attacked many times, because of which he had to change his house. From Amritsar he went to Ludhiana and from Ludhiana to Ferozepur.  During the last two months of the predicted period Abdullah Atham was granted special police protection, day and night. Out of the particular attacks one was made at Amritsar. Someone entrapped a cobra in an utensil and dropped it in the house of Abdullah Atham Christian. Although I did not see it myself yet it is true that that snake was killed and the public said so. Mr. Atham has also informed me that it happened like this. At Ferozepur, shots were twice fired at Abdullah Atham and once the door of Abdullah Atham’s bedroom was smashed.2 Mirza Ghulam Ahmad is a wealthy man. He always offers to pay very large amounts of money on condition of falsification of his claims. As for example in the poster Mi‘yar-ul-Akhyar wal-Ashrar, to quote the original, he has promised a reward of five thousand Rupees. I have come to know that he receives much money from his followers. He receives plenty of money sent through the post office.  The attacks on the life of Abdullah Atham were generally attributed to Mirza sahib. This is how the newspapers reported. But Mirza sahib never contradicted them.3 In fact, in a way he expressed jubilation and declared that Abdullah Atham had become a Muslim at heart. Mirza sahib calls himself the Promised Messiah. His intention is that a kind of general fear be created and the claim of being the Promised Messiah should establish awe in the hearts of the people and the
people should accept this claim. Mirza sahib stated this portion: “In the book Jang-i-Muqaddas the revealed words given on pages 16 and 17 are from me, and in the notification ‘B’ the promise of five thousand is also from me, and in the book Shahadat-ul-Quran the prophecies mentioned on page 188 are almost in my words”. In the book Shahadat-ul-Quran death has been predicted in respect of three religions. Firstly, about the son-in-law of Ahmad Beg, with reference to the Muslims; secondly, about Lekhram of Peshawar, with reference to the Hindus; and thirdly, about Abdullah Atham, with reference to the Christians. With this the intention of Mirza sahib was to cast terror. I had been arranging for the protection of Abdullah Atham, and
when the prophecy about Abdullah Atham was not fulfilled,4 I publicised generally about Mirza sahib being false. Public meetings were held, as a result of which Muslims looked upon Mirza sahib with great contempt and he was much disgraced. Mirza sahib became strongly opposed to me. A man Maulvi Abdul Haq Ghaznavi published a poster (exhibit D) in which he wrote regarding Mirza sahib that he had caused the revered figures of the religion to be abused by the
Aryas and others. Then Maulvi Imad-ud-Din sahib translated the Quran in Urdu, upon which the Maulvis asked Mirza sahib why he had provoked Maulvi Imad-ud-Din that he carried out the translation. In addition, a number of persons became Christians. One of them, Muhammad Yusuf Khan, who is a good, respectable man and was considered devout, religious and a champion of its cause, and had been secretary and messenger 5 at the debate, became a Christian. The second man was Mir Muhammad Saeed, who was Mirza sahib’s 6 sister’s husband’s cousin on the maternal aunt’s side. He also became a Christian and was especially associated with us. Consequently Mirza sahib became still more hostile to us. When Muhammad Yusuf Khan became a Christian, the Muslims asked him whether he had come to
fulfil the prediction about Atham. This they had asked in private. The prediction about the son-in-law of Ahmad Beg was not fulfilled.7 The prophecy for Christians about Atham was also not fulfilled.8  This resulted in decline in the prestige and income of Mirza sahib.  His business was ruined and people began to indulge in ridicule. Now there remained only the prediction against the Hindus. Some time ago Lekhram was murdered. His death caused a general agitation in the
country. The circumstances of the murder are strange. The murderer posed as a Hindu, saying that he had become a Muslim and wanted to become a Hindu again. He established his friendship and confidence with Lekhram. This event of murder took place a few weeks later. Generally this murder is more or less attributed to Mirza Ghulam Ahmad. I present a book written by Maulvi Muhammad Husain sahib Batalvi, exhibit ‘E’, where he accuses Mirza sahib of this murder 9 (I, Mirza sahib, have seen somewhat the book exhibit ‘E’). Mirza sahib, on 22nd March 1897, published in Zia-ul-Islam Press, Qadian, a notice which laid great stress on the point that he knew that Lekhram would be killed at 6 o’clock in the evening on 6th March 1897. But the notice was published after the incident. It was also asserted that the event was in accordance with his prophecy. (Reply of Mirza sahib: I had made the entire prophecy in advance. With reference to that, by way of revelation, the notice must have been issued.) The murderer will never be found. This had been stated by Mirza sahib. 10 This is well known. We think the murderer of Lekhram has also been killed.  The documents that we possessed in this connection, we sent to the government. Another reason to harm us was that, ever since Mr.
Abdullah Atham died, I am now the only remaining leader who was connected with that debate. Mirza sahib looks upon us with hatred in every way. He has adopted an absurd attitude towards us. He does not keep his pen and tongue in control. Thus Mirza sahib published a book Anjam-i-Atham which is full of all sorts of buffoonery. On page 44 of this book he has been bold enough to call us to a contest. This book is exhibit ‘F’. (Mirza sahib: admitted that in fact the book was
published by him, published on 14th September 1896.)

Mirza sahib: I had been informed by revelation that Dayanand would die, and this information was given in advance. Some Arya people knew it. I had informed some. I had foretold the death of Lekhram about five years before his death. I had predicted about Sir Syed Ahmad Khan that a calamity would befall him. I had prophesied about Ahmad Beg and his daughter and son-in-law. 9: No prediction was made about death of Maulvi Muhammad Husain Batalvi within 40 days or his being afflicted. A’inah-i-Kamalat, published 1893, page 604. 10: About Abdullah Atham. 11: Abdullah Atham sahib was promised a reward of one thousand Rupees conditionally (admitted). 12: Abdullah Atham sahib was promised a reward of two thousand Rupees. 13: Ditto Three thousand Ditto. 14: Ditto four thousand Ditto. 15: Anjam-i-Atham was published (admitted). 16: In Anjam-i-Atham Mirza sahib had predicted that 94 Maulvis and 68 press men would die if they did not believe in him (This was not admitted by Mirza sahib). 17: In this prophecy about the death of Lekhram he tells the people to engage in mubahila11 (admitted). 18: Ganga Bishen waschallenged to a mubahila (admitted). 19: Maulvi Muhammad Husain
Batalvi was challenged to a mubahila (admitted). 20: Rai Jinder Singh was challenged to a mubahila (admitted). 21: Prophecy about Lekhram’s death (admitted). 22: About Shaikh Mehr Ali, a threat was made that if he did not take the oath of allegiance (bai‘at), Divine chastisement would befall him (not admitted). The above mentioned prophecies (handwritten) are entered in the sheet marked 3, which has been filed in the court. After the murder of Lekhram we were secretly informed to be on guard lest Mirza sahib should cause harm. In a notice Mirza sahib had written that some part of unbelief had been obliterated and some was to be obliterated soon. My reading of these words is that the part of unbelief obliterated refers to Lekhram and
what remains refers to me. Consequently I had informed the government. Notices etc. that I receive always come from Qadian although I neither subscribe nor am I connected in any way. After the debate we corresponded for some time. Subsequently we discontinued correspondence etc. with Mirza sahib in every way. For the last three months we have not received any poster etc. from Mirza sahib’s side. I think his intention thereby was that I should feel that he had lost interest in me.

On 16th July 1897 a young man come to me and asked to become a Christian. He gave his name as Abdul Majeed and said:

“I am a Brahmin by birth and my Hindu name is Ralya Ram. My father’s name is Ramchand. I live at Khajoori Gate, Batala. At the age of 15 Mirza sahib made me a Muslim. This was
seven years ago.”

He had been induced by a Hindu friend to become a Muslim, and that friend had also become a Muslim at the same time.

“My friend belonged to the Arora community, and his name was Kirpa Ram. Now his name is Abdul Aziz. He sells tobacco in Batala inside Kapuri gate.”

For seven years he stayed with Mirza sahib as a student and learnt the Quran. Recently, when the revelations concerning Mirza sahib’s claims turned out to be false, he was convinced that Mirza sahib was not a prophet. He thought that Mirza sahib was not a good man, and was
mischievous.

“I have come straight from Qadian. I publicly abused Mirza sahib when I set out from there. I have not brought anything with me. The lord Jesus said: Leave everything and follow me.
I do not want anything, only want to get baptized, and earn my living by carrying a basket and working like a porter.”

He did not tell us of any plausible reason why he came to Amritsar, for there are missionaries in Batala and Gurdaspur also. Nor did he tell us of any appropriate reason why he had specially come to me when other missionaries are also available. He said only that he had come on being told of my residence by someone by chance. When we asked him wherefrom he had obtained the railway fare, he could not tell. Our special attention was drawn to ponder on these matters and we considered it a problem worth thinking over. It crossed my mind that his statements bore a peculiar resemblance to the statements of Lekhram’s murderer. So we gave him special attention. For this purpose we talked to him. This man expressed some knowledge of the Christian religion. We asked him wherefrom he gathered that information. He said:

“There lives in Qadian a Christian of Batala who became a Muslim and lives with Mirza sahib. His name is Sa’yan. He had with him the Holy Gospels and used to study them. From
this I became interested and inclined that way.”

I sent this young man to the hospital at Mahan Singh Gate to live with the students and receive education. We put him on cleaning bottles etc.  He remained at that place for five or six days. The first noticeable thing about him was that he talked extremely ill of Mirza sahib.  Secondly, he had a great desire to get baptized. Thirdly, without any reason and without summon he wanted to come to my residence, to go round, to have a walk and to meet. Further, although he had become a Muslim at the age of 15, he was unaware of his caste (Brahmin), and he did not know the Nanaks. He told his story differently to different people. For example, to one man he gave the name of his friend as Isar Das in place of Kirpa Ram. After the lapse of five days we sent him to our hospital at Beas. My students study there also. As soon as he reached there, he wrote a letter to Maulvi Nur-ud-Din who is the ‘angel on the right side’ of Mirza sahib. He himself told us that he had written a letter. The purport of the letter was: “I am going to become a Christian. Stop me if you can”. He himself told us about the purport also, and there is other evidence as well. The reason for writing the letter was as follows. We asked him whether it would not be better if we wrote to Mirza sahib saying that that person wanted to become a Christian, so that he cannot say one day that we had stolen from him. He said: “No, I shall write myself”. He wrote a letter and posted it without stamps, and he wrote me a letter forbidding me to write one until the time of his baptism arrived.  That letter is with us and we shall present it. Then we started making investigations about the affairs of this young boy. A man was sent to
Batala for enquiries. His name is Maulvi Abdur Rahim. He found the statements of Abdul Hameed concerning Batala absolutely false, not containing even an iota of truth. Then Maulvi Abdur Rahim went straight to Mirza sahib at Qadian, and on reaching the house he enquired whether someone named Abdul Majeed lived there. There was a boy there, who said Yes, he did, but he abused Mirza sahib and departed. Then Maulvi Abdur Rahim went to Mirza sahib, and on being asked said that he was a Christian and enquired about Abdul Majeed. Mirza sahib said: “He is a liar. He is a born Muslim and his name at birth is Abdul Hameed. He is the nephew of Maulvi Burhanud-Din Jhelumi. He became a Christian at Rawalpindi and came here
to Qadian and became a Muslim again. For some time he worked lifting baskets. He went away from here about seven or eight days ago”. This period corresponds with the time he had come to my residence. At last Mirza sahib said: “Look after him well and give him good food and clothes. Then he will remain with you”. Then we enquired from Jhelum. From there we came to know that the name of that young man was not Abdul Majeed and that his father was dead.
His mother had married one of his paternal uncles. The second paternal uncle and head of the family is Maulvi Burhan-ud-Din who is well known as Maulvi Burhan-ud-Din Ghazi. They belong to the Gakhkhar tribe. Burhan-ud-Din and his entire family are very staunch Muslims. Burhan-ud-Din is one of the Mujahideen. I mean that he has had contacts with the Mujahideen who live across the border. He is very fearless, although of advanced age now. As far as is known he
is certainly honest in making a living. Compared with the entire family, Burhan-ud-Din is specially devoted to Mirza sahib. Some facts about the young man: owns about 4 bigah land and a little cash which came into the possession of his paternal uncles after his father’s death.
This investigation was carried out by Muhammad Yusuf Khan who was a former follower of Mirza sahib and possessed a mind like the Mujahideen himself, and was an old friend of Burhan-ud-Din. We have his letter which is being presented. (It is not necessary to present
it.) This young man had never been baptised. He had come after spending a very wild and immoral life, and had stolen forty Rupees from his paternal uncle and spent them in the gratification of carnal desires. He used to spend his days and nights among the drunkards,
the voluptuous and the womanisers. Then we enquired from Gujrat about his efforts to become a Christian. I had enquired myself personally. It was found that he had been a mate in the Relief Works of the District Mong of Gujrat. Daily at the time of preaching he would come to tease the Reverend or the Christians. He stayed with his sister who lived at Khiva. He said:

“One day I was reading the Gospels, then one day my brotherin-law turned me out of the house, so I came to the Reverend at Gujrat.”

The result of our investigation was that that boy was of a thoroughly bad and dubious character at Gujrat. Hence the Mission at Gujrat had expelled him because of committing fornication. In no way was he considered a Christian, but was considered to be an extremely bad Muslim. At Gujrat his friends included prostitutes and another man Miran Bakhsh, the weaver, who is a staunch and devoted follower of Mirza sahib. When we heard these things our suspicion about Mirza sahib increased still more. For he had been doing the job of carrying baskets at Qadian and at last left, hurling abuses. The real underlying intention of this was that there should be no suspicion that this young man had conspired with Mirza sahib. And Mirza sahib: When I was
asked I said what was known. I have studied the principles of criminology and I know that according to this science a man who was ready to commit fornication can be easily persuaded to commit murder. Further, such people as have a desire for the maidens of Paradise and such young men as are habitual fornicators, agree to commit murder.  That is to say, for such a man the thought of the maidens of Paradise is a strong inducement. If they lose their life they do not care, because they will get the maidens of Paradise. Further, we also came to know that that young man belonged to a worthless Muslim family of Jhelum who are not at all afraid of death. If he had died as a follower of Mirza sahib it would have brought honour to Mirza sahib. If he had died as a Muslim he would have been called a martyr. If he had died in ordinary circumstances, his paternal uncles would have benefitted from the estate. Keeping these matters in view, I went to Beas and talked to this young man in the presence of witnesses. On my promise that I did not wish him harm, this boy admitted before five witnesses, and himself wrote in my presence and gave it to me (exhibit ‘H’).  Later this was confirmed before his honour the Deputy Commissioner, Amritsar. In addition to this confession, this young man himself told me that it was at the instance of Mirza sahib that he had abused him as part of a plan and come here. He also told us that the railway fare was paid by Mirza sahib as wages for the job of carrying baskets.  Then he also told me that the letter he had sent to Maulvi Nur-ud-Din from Beas was intended to give him my address. He also said that Maulvi Nur-ud-Din had no information about this conspiracy, nor did he ever say anything in this connection. Prem Das told us that two other men were shadowing this young man. On considering that the murderer of Lekhram was not found, I thought that those two men would kill him also, after he kills me. Hence we protected the life of this young man at great expense and care. On 31st July 1897 we took him again to Amritsar and informed the District authorities. Then investigations were carried out, the proceedings of which we do not know. We fear that on the instigation of Mirza sahib there is possibility of breach of the peace, and we fear that he intends to hatch more plots. The prophecy that Mirza sahib has made about me is defamatory, and it is possible that he wants us to commit breach of the peace, so that on account of that defamation I should commit breach of the peace. I have often to make arrangements for my security. Since I am a doctor, very often I have to come across all sorts of people. If this sort of anxiety continues, peace may possibly be disturbed. I think, in future, any prediction made about any damage
to me or my death, be considered breach of the peace. When a live snake was caught at Beas Abdul Hameed made many pleadings, saying “the doctor has instructed that whenever a snake is caught, it should be brought to him”. I had not given any such order.

Signature of the Judge.

MGA’s footnotes of Refutation
2. If I really did have three attacks carried out during the prescribed term [of the prophecy], can it be imagined that Atham or his relatives, in spite of three attacks, would have remained so silent that they would have neither filed a suit, nor got the news printed in the papers, nor had me summoned for providing surety? In fact, they raised the hue and cry after the expiry of the predicted term at the time when five thousand posters were issued from our side about Atham getting frightened. This was done so that they might get some sort of an excuse. If Atham had published any writing before our poster, it should be presented. Why did Atham remain silent
during the prescribed term when he was attacked? Further, why did his mouth remain sealed after the expiry of the term but before our poster? Those present know that upon just hearing the prediction he exhibited signs of fear.

3. How blatant a lie is this that there was no denial of attacks by me! I published hundreds of posters and three voluminous books only with the intention of stating that if there had been attacks attributable to me then let Atham sue me in the court or take an oath. In fact, in order to
complete this very argument, a payment of four thousand Rupees was offered if he took the oath. What could be a stronger repudiation of this absurd and baseless allegation? Atham assumed silence so much so that he could not advance any proof, until he died according to my second revelation. It is strange that during the term specified in the prophecy three attacks should take place but Atham remain silent at a time when it was his duty to raise hue and cry, and even after that term he remain silent till the publication of my posters. Further, when he is repeatedly accused of having been frightened and overawed by the prophecy, then three attacks are mentioned. Still further, at the time of being called to take oath he runs away saying that it is forbidden in his religion. Nor does he go to court. Regrettably, this is the honesty of the Christian clergymen. Dr. Clarke and Waris Din etc. by taking oath in the court, solved this
issue also, as to whether Atham’s refusal to take oath was based on good or crooked  intentions. It should also be remembered that Atham did accept that he was overawed. The point to decide was whether the fear was because of the prophecy or because of the attacks. By not taking the oath, nor going to court and by remaining silent, Atham proved that the fear
was purely because of the prophecy, otherwise the adversary cannot remain silent even on one attack, let alone three attacks. This is clear proof of the fear of the prophecy, that Atham neither lodged a suit in the court, not took an oath nor published anything during the time limit of the
prophecy and prior to the publication of the poster. But what is the evidence of the three attacks of which the onus of proof lay on him?

4. What dishonesty to say that the prophecy was not fulfilled! Did the prophecy mention certain death? Was there no condition to it? How much
injustice is this, that they are trying to cover the light of the sun with
dust!

5. This is absolutely false.

6. This is wrong. In fact he was the wife’s cousin on the maternal aunt’s side.

7. This prediction also was conditional, one part of which was fulfilled, i.e., Ahmad Beg died within the time limit. On his death, his relatives fulfilled the condition by being intensely afraid and overawed. It was imperative that events should have taken place in accordance with the condition [in the prophecy]. But it was also imperative that on hardening of the hearts
the true Will of God be completed in accordance with the prophecy, as in the case of the prophecy about Atham, the condition was fulfilled and at last the penalty of death was also imposed. Thus the entire prophecy came to pass.

8. To say that the prophecy about Atham was not fulfilled amounts to the slaying of truth. Atham proved by his word and deed that he was frightened by the effect of the prophecy. It was thus necessary that he should have benefitted by the revealed condition. Then the second
revelation was that after concealing the testimony he would die soon. And he died. Now look how clearly this prophecy was fulfilled.

9. This shows that Muhammad Husain must have told Clarke that it was I who is the murderer of Lekhram. Allah’s curse be on the liars!

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