Hakuna Kumkata Mwizi Mkono wakati wa Njaa!
Swali
Tunafahamu ya kuwa Umar Ibn Al-Khattaab (ra) hakumkata mwizi mkono katika mwaka wa Ramada (mwaka ambao ukame mkali ulitokea).
Je, kusitishwa kwa hukmu hii katika hali hiyo ni kutokana na kutoweka kwa ‘illah (sababu ya kiShari’ah) na hivyo Hukm ya ukataji ikatoweka nayo? Ikiwa ni hivyo, basi ni ipi ‘illah (sababu ya kiShari’ah) ya kukata? Na je, ‘Uqubaat (adhabu) zina ‘Ilal (sababu za kiShari’ah) ambazo zinazizunguka?
Jibu
1. Kuhusiana na Umar (ra) alivyofanya, alitekeleza Hukm ya kiShari’ah kama ilivyoelezwa katika Uislamu. Hii inamaanisha utekelezaji wa Hukm hiyo haukusitishwa. Bali aliitekeleza kama inavyopaswa. Zipo hali ambazo hairuhusiwi kukatwa mkono na inajumuisha wakati wa njaa. Imetajwa na As-Sarkhasi katika Al-Mabsoot: Alisema kuwa imesimuliwa kutoka kwa Mak’hool (ra) kuwa Mtume (saw) alisema: “Hakuna Kukata Mkono wakati wa njaa”
2. Hivyo basi, kutotekelezwa kwa Hadd (adhabu ya lazima na iliowekwa na Mwenyezi Mungu) katika mwaka wa Ramada (mwaka wa njaa) ni kutokana na Hukm ya kiShari’ah ambayo inakataza kutekelezwa kwa Hadd (adhabu iliyowekwa) kwa mwizi katika mwaka wa njaa. Na hii ndio Hukm ya kiShari’ah katika hali au tukio hilo.
3. Ama kuhusu ‘Ilal (sababu za kiShari’ah) katika Uqubaat (adhabu), naam inawezekana kupatikana ndani yake ‘Ilal na kuwezekana kufanyiwa Qiyaas. Lakini Uqubaat inajumuisha ndani yake maana ya ‘Uqubah na maana ya Haddiyah (kiwango cha Hadd kilichowekwa na aina zake) hili halina ‘Illah. Hivyo basi, Hadd haiongezwi au haipunguzwi ima iwe ni katika kiwango cha Hadd au Idadi ya Hudood kwani haya yamefungwa na ushahidi wa kiShari’ah. Ama kuhusiana na maana ya Uqubah (adhabu) kwa mujibu wa Hadd (adhabu iliyowekwa) basi kile kinachotekelezwa juu ya ‘Uqubaat kinatekelezwa kwa masharti ya ‘Illah na Qiyaas.
Mfano: Imesimuliwa kuwa Umar (ra) alikuwa ametatizika atoe Hukm gani kuhusiana na kulipiza kisasi kwa muuaji katika tukio ambalo watu saba walishirikiana katika kuua. Hivyo Ali (ra) akamwambia: “Ewe Amir wa waumini, hauoni kuwa lau kikundi cha watu kitashirikiana pamoja katika kuiba basi utawakata wote mikono yao? Umar akajibu: Naam. Hivyo, Ali (ra) akasema: Na hili ni kama hivyo
Katika mfano huu, Qiyaas ilifanywa kati ya kuuwawa watu saba walioshirikiana katika kumua mtu na kuwakata mikono wezi walioshirikiana katika kuiba. Hapa ‘Illah ilikuwa ni kushirikiana kwa pamoja katika kitendo.
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