Muharaba

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Muhāraba ( Arabic محاربة muḥāraba ) is a legal term in Islamic jurisprudence . Another term with the same content is ḥirāba . Both terms are nominal derivatives from the root ḥ-rb (ḥāraba) in the meaning of "fight someone", "fight (against)". In Islamic law they meant "waging war against God and his prophet". In legal literature, both terms stand for all acts of robbery and for disobedience to the authorities.

Muḥāraba or Ḥirāba is considered one of the greatest crimes ( kabāʾir ) against the Islamic state order and the social security of its citizens in Islamic criminal law . In the Islamic Republic of Iran in particular , the term is often used in a broad sense in relation to opponents of the regime.

Those who commit this crime alone or in groups become muhärib محارب muḥārib ; Plural muḥāribūn  /محاربون and can be punished with death according to Islamic law.

The historical background: Koran, Koran exegesis and Hadith

According to various sources , the traditionarians , the authors of the canonical hadith collections , as well as the Islamic historians such as at-Tabari , al-Baladhuri , Muhammad ibn Saʿd and others report an incident during Muhammad's stay in Medina, according to which there were 628 Muslim members of the ʿUraiyna tribe in February the herd of camels of the Prophet in the area of Qubā' raided, his pastoral ausstachen eyes with thorns, then killed him and the camels on the territory of polytheists (ARD ash- shirk ) exaggerated. After Kuraz ibn Jābir al-Fihrī's companion of the Prophet arrested the evildoers, Mohammed cut off their hands and feet, stabbed their eyes and let them die in the heat. In the Islamic tradition, however, there are different statements about the perpetrators; Ibn Kathīr names among other tribes also the Ahl al-kitāb , the book owners, and the sect of the Ḥarūrīya, the precursors of the Kharijites .

Because of this approach of Muhammad, according to the traditional literature and the Koran exegesis, God should rebuke his messenger and the so-called verse of the muḥāraba / Var. āyat al-ḥirāba have revealed:

“The reward of those who wage war against God and his messenger and (everywhere) in the land are eagerly intent on disaster (?) Should consist in the fact that they are killed or crucified, or alternately (right and left) hand and Their feet will be cut off or they will be expelled from the country. It is a disgrace to them in this world. And in the hereafter they (moreover) have to expect a huge punishment. Except those who repent before you have power over them. You must know that God is merciful and ready to forgive. "

- Sura 5 , verse 33–34 : Translation: Rudi Paret

According to the exegesis of the Koran, the punishments carried out or ordered by Mohammed have been repealed, "abrogated" by the verse revealed afterwards . Shiite scholars, on the other hand, deny that the wrongdoers were blinded by the prophet and, in this respect, question the authenticity of the traditions.

The motive spreading calamity in the country occurs in several places in the Koran and is a crime directed against the unity of the community:

“But those who break the obligation (which they have entered into) towards God after it has been agreed (in all form) and tear what is to be held together according to God's command and wreak havoc on earth, they have him Curse (of God) and the terrible dwelling (of hell) to be expected. "

- Sura 13 , verse 25

Sura 5, verse 33 names the following crimes:

  • Warfare against God and his messenger;
  • To spread disaster ( fasād : literally: depravity; corruption) in the country; Both the Koran exegesis and the jurisprudence mention in this context the robbery (robbery and street robbery).

The punitive measures mentioned in the Quran are:

  • Killing,
  • Crucifixion,
  • Separation of the right hand and the left foot,
  • Exile.

As muharib age, sane Muslims are subject to Islamic law, apply, and also the ahl adh-dhimma , the wards on Islamic territory , and the apostates . According to the teaching of the Hanafites and Hanbalites , a muharib must either carry weapons, sticks, or stones; without this they are legally not considered muharib . According to the Malikites and Shāfiʿites, the use of force without weapons is sufficient to be punished as muharib .

The punishment of the muharib is derived from the Quranic verse above. However, there are controversial doctrines about which of the punitive measures mentioned there are to be applied, since the Koran verse through the conjunction “or” allows alternative punishments for the crimes mentioned.

The muharib is to be killed and crucified if he has committed murder and stolen property by force (robbery). In the absence of a homicide, the perpetrator's right hand and left foot are severed, which means that the Koranic Hadd punishment is used for theft offenses . Murder without robbery in the case of highway robbery is imposed with death as a hadd punishment, but not in the sense of retribution ( Qisās , Talion ).

According to classical legal doctrine , all Koranic punitive measures that contain the conjunction “or” can be imposed alternatively and at the discretion of the ruler (imām muḫayyir) or the judge. This is also the case in sura 5, verse 33. Fachr ad-Din ar-Razi sums up the controversial views on the application of the penalties mentioned in the Quranic verse in question in his Qur'anic exegesis Mafātīḥ al-ghaib , stating that they should not be used alternatively, but according to the offense.

With regard to the implementation of the crucifixion, there are also controversial doctrines in legal doctrine. According to the Malikites and Hanafis, the perpetrator is crucified alive and killed on the cross with a lance and remains on the cross for three days. According to the Shafiites, the crucified is either taken from the cross and killed, or first killed and then crucified, since in the list of punishments in the Quranic verse above, killing is before crucifixion. In this case, the crucifixion serves the purpose of deterrence. According to different doctrines, the perpetrator is to be crucified alive and killed on the cross with a lance, since punitive measures are generally not carried out on the dead.

In legal doctrine, banishment is either equated with imprisonment or understood as transferring the guilty party to another social circle in a strange place within Dar al-Islam with preventive detention. The latter was already general legal practice under the first caliph Abu Bakr : ʿAbd Allāh ibn Wahb names several places of exile in his K. al-muḥāraba (see below): Bāḍiʿ, an island on the Gulf of Aden , which was destroyed at the time of Yaqūt († 1229) and was uninhabited, the Dahlak Archipelago in the Red Sea , Tihama and Fadak.

The classic legal literature

Muharaba is dealt with in the classic legal works in the chapters of criminal law , jihad and apostasy . The above Maliki scholars Abd ibn Wahb discussed († 812) in its Muwatta the MOHAREBEH and other directed against the Islamic basic order offense, as sectarianism, in a specially dedicated band under the title: Kitāb al-MOHAREBEH . At-Tabarī deals in his Ichtilāf al-fuqahāʾ (Controversial Doctrines of Legal Scholars .) In the chapter Aḥkām al-muḥāribīn ( Laws against the muḥārib) the same legal topic in detail and with consistent reference to the doctrinal differences of the legal schools.

The fight against sectarianism, heresy and all religious deviants is according to the Sunni doctrine - in contrast to the Shiites - no jihad; However, whoever falls in battle against religious deviants ( bughāt ) is considered a martyr .

In the Imamitic- Shiite legal doctrine, the fight against the buġāt or rebels is a central element of jihad. All those who do not recognize the rule of the imam or actively fight it are defined as buġāt . Historically, the Sunni environment has embodied these insurgents. Accordingly, the first step in the expansion of the Islamic sphere of rule is to combat it and it is the preliminary stage for combating Dār al-Ḥarb . In this context there is a consensus to regard the buġāt as unbelievers . The Shiite scholar Naṣīr ad-Dīn aṭ-Ṭūsī († 1274) describes the opponents of Ali ibn Abi Talib as infidels and those who denied him any help as sinners ( Muḥāribū ʿAlī kafara wa muḫālifūhū fasaqa ). In Shiite scholarship, efforts were made to emphasize that the existence of regulations specifically applicable to the struggle against the buġāt do not indicate any religious differences from other types of unbelievers. According to the original Imamitic doctrine, until the appearance of the so-called hidden Imam , Muhammad ibn Hasan , there is no jihad to expand the Islamic sphere of rule, as only he is entitled to lead it.

Legal practice already equated sectarianism with muhāraba or bughāt in the Umayyad period ; their punishment has been defined in the legal literature according to sura 5, verse 33. The Ḥarūrīya, the forerunners of the Kharijites, are called highwaymen; the boundaries between religiously motivated counter-movements and criminal street robbery are fluid in legal theory, because both spread - according to the Koranic diction - "disaster in the country". ʿAbd Allah ibn Wahb discusses the fight against the Ḥarūrīya in a specially dedicated chapter of his above-mentioned work :( mā ǧāʾa fī qatl al-ḥarūrīya : Traditions about the killing of the Ḥarūrīya) There he refers to the rabbi of the Mekkan scholar † 732), who is said to have recommended the killing of the Ḥarūrīya in case they endanger public order and pursue highway robberies. The content of the allegation of the hiraba / muharaba could thus be broadly defined; The Umayyads used the term against all opponents of the dynasty who - due to political or religious motivation - "spread mischief" in the country as rebels (Arabic: mutamarrid) and often imposed death on them by crucifixion:

  • One of the best-known theological opponents of the Umayyads was Ghaylān ad-Dimashqī, a prominent exponent of the doctrine of free will, whom the Umayyad caliph Hisham ibn ʿAbd al-Malik had crucified at the gate of Damascus .
  • Zaid ibn Ali was crucified in 740; his body was said to have remained on the cross for four years (literally: on the board = ḫašaba). His son Yaḥyā died the same death in Khorasan ; His head was cut off on the orders of Hisham, and his torso was tied to the cross. Only after the appearance of Abu Muslim , the leader of the Abbasid revolution in 747, was the trunk buried.
  • The Abbasid caliph al-Wāthiq bi-'llāh crucified the scholar Aḥmad ibn Na alr al-Ḫuzāʿī for ideological reasons in the year 846, because he was a staunch opponent of the Mu'tazilite doctrine on the composition of the Koran ( ḫalq al-Qurʾān ). His head was sent to Baghdad , his torso remained on the cross in Samarra for six years .
  • The Syrian hadith narrator Muḥammad ibn Saʿīd from Damascus has been accused of heresy , because he is said not only to fabricate hadiths, but to have supplemented the prophet's saying “after me there is no prophet (more)” with the words: “unless God want it (like this) ”. The Abbasid caliph al-Mansur had him crucified; in biographical literature he is referred to several times as al-maṣlūb , "the crucified one".
  • Ibn Ḥātim from Toledo , accused of being a heretic (zindīq) and wanted for years, was crucified in the presence of the ruler and the jurists involved in the judgment in 1072 at the bridge over the Guadalquivir in Cordoba and killed with lances.

The principle of muḥāraba in modern times

Rashīd Ridā , one of the most influential representatives of the Islamic reform movement in the 20th century, condemned the sale of land and land to the Jewish immigrants in Palestine as a "betrayal of God and his prophet":

"I do not want to remind you of the punishment that awaits those who commit this betrayal, but I suggest to all those who believe in God, his holy scriptures and his messengers to proclaim this established Islamic regulation in the country, combined with the invitation, to not associate with the traitors who insist on their betrayal. "

- Raschīd Ridā : In: Gudrun Krämer (2006), p. 294

In a similar sense, Rashīd Ridā also expressed himself in a fatwa in the magazine al-Manār :

“I believe that those who sold their lands were unaware of the fact that they were betraying God, His Messenger, his religion, and the entire Ummah . (It is) like treason with the enemy in order to give them the house of Islam as possession and to humiliate its citizens. This is the worst betrayal ever. - “You believers! Do not act unfaithful to God and the Messenger and (do not) knowingly embezzle the goods entrusted to you! You must know that your fortune and your children are also (almost) a temptation (to hold on to this world), but that there will (one day) be an enormous reward from God (for those who resist the temptation of this world). ( Sura 8 , Verse 27) ""

- Raschīd Ridā : Fatāwā al-Imām Muḥammad Rašīd Riḍā , vol. 6, pp. 2440-2441

The well-known Shiite scholar from Najaf Muḥammad al-Ḥusain Āl Kāšif al-Ġiṭāʾ (1877–1953) described the sale of Palestinian land to the Jews as waging war against God and his prophet (literally: "muharaba"). Even aiding and abetting and tacit approval are, in his view, a crime. Therefore, he called for the social ostracism of those "traitors" whose names are to be published in the newspapers.

In 1972 the Ḥirāba was added to the criminal code of Libya in addition to the Islamic prosecution of theft : “Law on Ḥadd penalties for theft and robbery” of October 11, 1972. Tarabulus 1972. pp. 3-15. This Islamic legislation between 1971 and 1974, taking into account the Koranic Hadd punishments, is an addition to the criminal code from 1953.

In the course of the "Islamization movements" in the Arab states of the 1970s, conservative members of the Egyptian parliament ( madschlis asch-schaʿb ), with the support of the then Shaikh al-Azhar, ʿAbd al-Ḥalīm Maḥmūd, approved the modification of the penal code (§§ 311-362 : Theft and robbery) Egypt requested by taking into account Islamic legal penalties. According to the motion, the punishment of the newly introduced erfolgenirāba should take place in accordance with the above-mentioned sharī Strafa-legal punitive measures - including crucifixion for three days with subsequent execution by hanging. Exile can be replaced by imprisonment between five and ten years.

In the Islamic Republic of Iran, the Persian term "mohareb (ba khoda)" (for example: fighting (against God)) has also been used in a broader sense for opponents of the regime since the Islamic Revolution . For example, activists of Marxist movements ( People's Mujahedin ) and some of the generals executed in 1979 ( Nematollah Nassiri , Mehdi Rahimi , Reza Nadschi , Manutschehr Chosrodad ) were condemned as "mohareb". The Islamic Criminal Code describes in Section 7 with the paragraphs §183 to §196 the criminal offense, the evidence and the corresponding penalties for the mohareb. The armed uprising against the Islamic government, the plans to overthrow it by endangering the basic order with armed force, and the plans to overthrow government candidates are also considered Ḥirāba . Endangering internal security by a muḥārib is a political crime ( baghy ). With the criminal law reform of 1996, articles on "state security offenses" were also included in the criminal law (498–415), which treat such delinquents as moharebe. The term is now widely used as a collective term for political-religious opponents of the regime.

The explanations of the Iranian code of law update a saying that is traced back to the Prophet Mohammed and is documented several times in the canonical collections of hadiths: "He who takes up arms against us does not belong to us" . Imam Muhammad ibn ʿAlī al-Bāqir (d. Around 733) and his son Jafar al-Sādiq (d. 765) are said to have held the opinion that the one who carries arms at night is a Muārib . Khomeini's (d. 1989) position on this question is consistent with the Sunni legal understanding of Muḥāraba / Ḥirāba .

According to a report by the Arabic-language news channel al-Arabiya , Iran's prosecutors have brought charges of “fighting God and His Messenger” against five demonstrators who were arrested during the riot at Ashura Festival in December 2009. They face the death penalty.

The Arabic-language daily Asharq al-Awsat reported on January 29, 2010 that of the 11 people accused of Hiraba , two were hanged. The Iranian blogger and human rights activist Shiva Nazar Ahari is also on trial in Iran on charges of Muḥāraba.

See also

literature

  • Khaled Abou El Fadl: Rebellion and Violence in Islamic Law. Cambridge University Press, Cambridge 2002.
  • Joel L. Kraemer: Apostates, Rebels and Brigands. In: Israel Oriental Studies (IOS), 10 (1980), pp. 34-73.
  • Gudrun Krämer : History of Palestine from the Ottoman conquest to the establishment of the State of Israel. CH Beck, Munich 2006.
  • The Encyclopaedia of Islam. New Edition. Brill, suffering. Vol. 4, p. 466ff. sn qatl ; II. No. 4; Vol. 8, p. 935: sn ṣalb .
  • Joseph Schacht : An Introduction to Islamic Law. P. 175ff .: Penal Law. Oxford 1971.
  • ʿAbd Allaah ibn Wahb: al-Muwaṭṭaʾ. Kitāb al-muḥāraba. In: Miklós Murányi : ʿAbd Allah ibn Wahb: Life and Work. Wiesbaden 1992.

Individual evidence

  1. ^ Frank E. Vogel: Islamic law and legal system. Studies of Saudi Arabia. Brill, Leiden 2000, p. 372: “brigandage”; Josef W. Merri and Jere L. Bacharach: Medieval Islamic Civilization. To Encyclopedia. Pp. 326-328. New York 2006; Dozy: Supplément aux dictionnaires arabes . Vol. 1. pp. 265-266: s. N. Ḥirāba: brigandage à main armée, commettre des crimes sur les grandes routes; muḥārib: brigand à main armée, celui qui comment des crimes sur les grandes routes. Brill, Leiden 1967
  2. ^ Gudrun Krämer: History of Palestine from the Ottoman conquest to the establishment of the state of Israel . Pp. 293-294. CH Beck, Munich 2006
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  54. ↑ See Sami Zubaida: Law and Power in the Islamic World. IB Tauris, New York 2003, p. 200: "catch-all category [...] used to define political and religious opposition".
  55. ↑ AJ Wensinck: Concordance et Indices de la Tradition Musulmane . Brill, Leiden 1943. Vol. 2, p. 499b: man ḥamala ʿalaynā as-silāḥ etc. with variants in the wording.
  56. ↑ http://www.alarabiya.net/articles/2010/01/07/96621.html
  57. ↑ [1] , see also archive in English: [2] .
  58. ↑ Ben S. Cohen: Iranian Human Rights Advocate Faces Execution Threat Amid Indifference , Huffington Post, September 1, 2010.