Weekly Sultaniyya Hadith Source Week No: 18


Rule of Law is equally applied

Hadith 21, The Quraish became very worried about the Makhzumiya lady who had committed theft. They said, "Nobody can speak (in favor of the lady) to the Messenger of Allah (SAW) and nobody dares do that except Usama who is the favourite of the Messenger of Allah (SAW)." When Usama spoke to the Messenger of Allah (SAW) about that matter, the Messenger of Allah (SAW) said, "Do you intercede (with me) to violate one of the legal punishments of Allah?" Then he got up and addressed the people, saying, "O people! The nations before were destroyed because if a noble person committed theft, they used to leave him, but if a weak person among them committed theft, they used to inflict the legal punishment on him. By Allah, if Fatima, the daughter of Muhammad committed theft, Muhammad will cut off her hand!" (Bukhari/ Muslim)

Commentary:

A: No one is above the law, and punishments are carried out equally irrespective of social standing or influence.

B: The narration makes it clear that the application of Hudood is obligatory upon those who infringe upon the limits laid down by Allah in the Quran and Sunnah, and that no attention should be paid to any attempts of intercession no matter the blame of the blamers.

C: There is no intercession with respect to the Rights of Allah (SWT) , unlike the rights of man upon each such as in qisaas where it is permitted to accept blood money as an alternative to application of the punishment.

D: Deviation from applying the law equally upon the people is a reason for their decline and destruction.

E: The oath of the Prophet (SAW) stating that he would apply the Hudood on his own daughter if the situation arose is a strong rhetoric emphasising that even the most closest ties of kinship can have no influence in the application of the law.

F: The universal application of the law is in contrast to many of the contemporary systems which boast such qualities and yet in reality the weight of the law and punishments falls disproportionately on the disadvantaged/ poorer elements of society who cannot afford the best legal representation or have the political connections to intervene.


Hadith with commentary each week, taken from The Sixty Sultaniyya compiled by Abu Luqman Fathullah
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