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Hirabah

January 01, 1970

In Islamic law, Ḥirābah (Arabic: حرابة) is a legal category that comprises highway robbery (traditionally understood as aggravated robbery or grand larceny, unlike theft, which has a different punishment), rape, and terrorism.[1] Ḥirābah means piracy or unlawful warfare. It comes from the triliteral root ḥrb, which means “to become angry and enraged”. The noun ḥarb (حَرْب, pl. ḥurūb حُروب) means 'war' or 'wars'.[2]

Moharebeh (also spelled muharebeh) is a Persian language term that is treated as interchangeable with ḥirabah in Arabic lexicons.[3] The related term muḥārib (محارب) has been translated by English-language Iranian media as "enemy of God".[4][5][6] In English-language media sources, moḥarebeh in Iran has been translated variously as "waging war against God,"[7] "war against God and the state,"[8] "enmity against God."[9][5] It is a capital crime in Saudi Arabia and Iran.

Scriptural basis edit

A verse from the Quran, surah al-Ma'idah 5:33, is known as "the ḥirāba verse" (āyat al-ḥirāba),[10] specifies punishment for "those who wage war against God and His Messenger and strive to spread disorder in the land":[1]

The punishment of those who wage war against God and His Messenger, and strive with might and main for mischief through the land is: execution, or crucifixion, or the cutting off of hands and feet from opposite sides, or exile from the land: that is their disgrace in this world, and a heavy punishment is theirs in the Hereafter; [Quran 5:33]

The verbal noun form (i.e. ḥirāba) is frequently used in classical and modern books of Islamic jurisprudence, but neither the word ḥirāba nor the root verb ḥaraba occurs in the Quran.[11] (Yuḥāribūna is the form used in Quran 5:33-4.)

According to early Islamic sources, the verse was revealed after the expedition of Kurz bin Jabir Al-Fihri: some members of the Arabian tribe of the Banu Urayna feigned conversion to Islam to steal Muslims' possessions and killed a young shepherd sent to teach them about the faith. Given the broad and strong language of the verse, however, various state representatives beginning with the Umayyad Caliphate have asserted that it applied to rebels in general.[12]

The original meanings of the triliteral root ḥrb are to despoil someones wealth or property, and also fighting or committing sinful act. The Quran "refers to both meanings" in al-Baqara 2:279 and Al-Ma'ida 5:33-34.[13]

Crime edit

According to Islamic scholar Khaled Abou El Fadl, ḥirāba means "waging war against society" and in Islamic jurisprudence traditionally referred to acts such as killing noncombatants ("the resident and wayfarer"), "assassinations, setting fires, or poisoning water wells," crimes "so serious and repugnant" that their perpetrators were "not to be given quarter or sanctuary anywhere."[14]

Another source (Brian Murphy) states, "many Islamic scholars interpret the references to acts that defy universal codes such as intentionally killing civilians during warfare or causing random destruction."[15] According to the author Sadakat Kadri, "Most classical jurists" had established "a thousand or so years ago" that ḥirāba "referred specifically to banditry in open country: a uniquely destabilizing threat to civil order in a premodern society."[16]

The crime is sometimes lumped together with fasād fil-ʾarḍ "spreading corruption in the land",[16][17] which is mentioned alongside waging "war against Allah and His Prophet" in 5:33-34.

Rape edit

The inclusion of rape within the purview of ḥirāba has had support throughout history. The medieval Zahiri jurist ibn Hazm defined ḥirāba:

One who puts people in fear on the road, whether or not with a weapon, at night or day, in urban areas or in open spaces, in the palace of a caliph or a mosque, with or without accomplices, in the desert or in the village, in a large or small city, with one or more people… making people fear that they’ll be killed, or have money taken, or be raped (hatk al ‘arad)… whether the attackers are one or many.'[18]

It had significant support from the Maliki school.

Al-Dasuqi, for example, a Maliki jurist, held that if a person forced a woman to have sex, his actions would be deemed committing hiraba. In addition, the Maliki judge Ibn 'Arabi, relates a story in which a group was attacked and a woman in their party raped. Responding to the argument that the crime did not constitute hiraba because no money was taken and no weapons used, Ibn 'Arabi replied indignantly that "hirabah with the private parts" is much worse than hiraba involving the taking of money, and that anyone would rather be subjected to the latter than the former.[18]

In the Hanafi school, the term zina is taken to refer to illegal sexual intercourse, where rape is distinguished as zina bil-jabr to indicate its forced and non-consensual nature, whereas fornication and adultery fit zina bil-ridha, which indicates consent. Though the terminology uses the term zina, nonetheless, they are two categorically different crimes as rape is treated as a hirāba crime by the judge and prosecuted based on circumstantial evidence (medical evidence, any number of witnesses, and other forensic evidence). In other words, very similar to how it is treated in contemporary Western law. It is fornication and adultery by mutual consent, or zina bil-ridha, which retain their classical hadd punishments from the Qur'an and sunnah, provided there are four witnesses (absent which they too default to tazir, subject to discretionary punishments such as fining, imprisonment, or lashes). Nonetheless, gang rape or public rape, such as the sort that occurs during war, is still traditionally considered ḥirāba as that is more in line with its classical definition as a war crime or crime against civilization and society.[19]

Punishment edit

In keeping with the Quranic verse 5:33 quoted above, "most classical [Islamic] jurists" held that the penalty for muḥāribah was crucifixion (تصليب), cross-amputation (amputation of right hand and left foot) or being banished from the earth (نفى).[20][21]

According to Sadakat Kadri the crimes of waging `war against God and His apostle` (Muḥāribah) and spreading `disorder in the land` (fasad fi-l-ard) were originally punished either by exile or some combination of double amputation, beheading, and crucifixion (what Kadri calls "Islam's equivalent of the hanging, drawing and quartering that medieval Europeans inflicted on traitors"). This was the only capital penalty permitted rulers by the Quran (in the case of murder the killer's fate was in the hands of the victim's next of kin not the judge)[22] during the early years of Islam "when enemies of the faith and political rebels often looked frighteningly similar" the crime had broader application including apostasy from Islam but was "gradually narrowed" to apply only to "highway robbery in the open county."[23]

The choice of crucifixion and its method is subject to "complex and contested rules" in classical jurisprudence.[24] Most scholars required crucifixion for highway robbery combined with murder, while others allowed execution by other methods.[24] The main methods of crucifixion are:

  • Exposure of the culprit's body after execution by another method, ascribed to "most scholars"[24][25] and in particular to Ibn Hanbal and Al-Shafi'i;[26] or Hanbalis and Shafi'is.[27]
  • Crucifying the culprit alive, then executing him with a lance thrust or another method, ascribed to Malikis, most Hanafis and most Twelver Shi'is;[24] the majority of the Malikis;[25] Malik, Abu Hanifa, and al-Awza'i;[26] or Malikis, Hanafis, and Shafi'is.[27]
  • Crucifying the culprit alive and sparing his life if he survives for three days, ascribed to Shiites.[25]

Most scholars limit the period of crucifixion to three days.[24]

In current legal systems edit

Iran edit

See also: Capital punishment in Iran

In Iran, hiraba is known as moharebeh and is translated variously in English-language media as "waging war against God,"[7] "war against God and the state,"[8] or "enmity against God."[9][5] The charge is levied against people who commit acts against the government. Another related crime is Mofsede-fel-arz, which is "spreading corruption on the earth", which can be applied for political crimes such as treason. The Iran's judiciary system has also used another related crime, Baghy, which is translated to "armed rebellion against the Islamic government",[28] especially against protesters during the 2022 Mahsa Amini protests.[29]

In 2022, dozens have been charged with moharabeh for their involvement in the Mahsa Amini protests and at least four people have been executed.[30][31][32] Human rights organizations have condemned the use of "sham trials designed to intimidate protestors" and the "chilling use of the death penalty in rush trials."[33]

The term is widely used by Iran's Islamic Judiciary, citing Sharia law, and is "usually used against those who take up arms against the state,"[9] and usually carries the death penalty. The term is used in articles 183 to 196 of Iran's criminal law. The cases that fall under this term typically require involvement in armed criminal activities, e.g: taking up arms for terrorism and disruption of public safety (article 183), membership in groups conducting armed uprising (article 186), supporting groups planning to overthrow the government by force using weapons and explosives (article 187), accepting critical posts in a Coup d'etat government. Articles 190-191 state that judge can give a person convicted under one of these crimes capital punishment. Peaceful and unarmed opposition to government does not fall under this term. Typical convicts under the term are members of armed ethnic separatist groups, members of armed drug trafficking groups, and people involved in armed robbery.[34]

According to Human Rights Watch, "at least nine people" convicted of moharebeh by Islamic Revolutionary Courts for "their alleged ties to armed opposition groups" were executed in 2014.[35]

Between the end of early days of the 1979 Islamic Revolution, when scores of former officials of the Shah and others were arrested and executed for moharebeh,[36] and the beginning of the 2009 election protests, executions for moharebeh were rare, and usually applied against members of armed opposition/terrorist groups, Kurdish separatists, or common criminals.[15]

In recent years, Iranians executed after being charged with Moharebeh include Majidreza Rahnavard (2022), Mohsen Shekari (2022), Mohammad-Reza Ali-Zamani (2010), Arash Rahmanipour (2010), and Ehsan Fatahian (2009). Others accused, charged or convicted of Moharebeh include Adnan Hassanpour, whose death sentence for Moharebeh was overturned in 2008 on appeal, and Zeynab Jalalian, whose death sentence was commuted to life in prison. Shia cleric Hossein Kazemeyni Boroujerdi, known for preaching that religion is separate from politics, was reportedly charged with Moharebeh in 2007 by Iran's Special Court for the Clergy,[37] but had his sentence reduced to 11 years in prison after an appeal.

Student demonstrator Mohammad Amin Valian was sentenced to death for Moharebeh in 2009, a sentence overturned by an appeals court in March 2010.[38] In March 2010, the 76-year-old former dean of Tehran University, Mohammad Maleki, was charged with it for alleged "contact with unspecified foreign groups and working to undermine the Islamic system."[15] He was later convicted of lesser charges. Abdolreza Ghanbari, a university lecturer living in Pakdasht, was arrested in the wake of 2009 Ashura protests and convicted in 2010 of “Moharebeh through ties with hostile groups [against] the regime”. A request for pardon of the death sentence was rejected on 28 February 2012.[39]

In a February 2011 televised address before a group of clerics in the city of Qom, hard-liner cleric Ahmad Khatami accused reformist presidential candidates Mir Hossein Mousavi and Mahdi Karroubi of Moharebeh as "leaders of sedition."[40] This was not followed up with any charges against the two by the Iranian judiciary.

Abdolfattah Soltani, an Iranian attorney and member of Center for Defense of Human Rights has argued that under Articles 86 and 89 of the Islamic Punitive Laws of the Islamic Republic of Iran, the accused must "either have engaged in armed confrontation or he must have been a supporter or a member of an armed group and must have committed effective [deliberate] actions on behalf of that organization.", conditions that have not been met by defendants such as Valian, who threw stones at militia members.[41]

According to journalist (Brian Murphy), the Iranian Islamic regime's use of moharebeh against 2009 election protesters has "opened deep rifts between ruling clerics and Islamic scholars questioning how an idea about safeguarding Muslims can be transformed into a tool to punish political protesters." Ayatollah Mostafa Mohaghegh Damad has reportedly sought to "rally clerics to oppose the use of moharebeh charges against political protesters."[15]

In 2019, an Iranian Quran interpreter has called for the punishment of those protesting, based on Quran Surah 5:33.[42]

In December 2022, Iranian soccer player Amir Nasr-Azadani faces possible execution, according to reports; world footballers union expresses 'shock' and 'sadness'. Nasr-Azadani was accused of being a member of an "armed group" involved in the killing of three security officers during protests in the central Iranian city of Esfahan, the city's Chief Justice Asadullah Jafari said, as reported by the state agency IRNA this Sunday.[43]

In the report, Jafari said Nasr-Azadani had been charged with Baghi, or rioting against the authorities, and has been in custody since November 27, but no sentence has yet been issued.[44]

By late 2022, at least 43 Iranians had been sentenced to death for moharebeh or mofsed-e-filarz due to their purported involvement in the Mahsa Amini protests.[45] The first of their executions occurred on 8 December, when Mohsen Shekari was hanged after being convicted of moharebeh due to allegations that he nonfatally injured a Basij militiaman.[46] Four days later, Majidreza Rahnavard was publicly executed after being convicted of moharebeh due to allegations that he was involved in two murders of two "volunteer" Basij militiamen during a protest.[47] On 7 January 2023, Iran executed Mohammad Mehdi Karami and Seyyed Mohammad Hosseini after they were convicted of mofsed-e-filarz, in connection to their alleged involvement in the protests.[45][48] Amnesty International accused Iran of extracting false confessions from those condemned to death for moharebeh or mofsed-e-filarz in connection with the protests, subjecting them to torture, and depriving them of their right to a fair trial.[49][50][46]

Nigeria edit

The penalty for hirabah in Nigeria is death if a life is taken during the offense. Additionally, the Zamfara penal code (in effect in the North of Nigeria) provides that if life and property are taken during the commission of hirabah, the penalty is crucifixion.[51][52]

Saudi Arabia edit

In Saudi Arabia, Hirabah is defined as "Armed Robbery". To prove hirabah, two witnesses must testify or there must be a confession. In addition, an offender can still escape the death penalty if he "repents before he is arrested and willingly places himself in the hands of the authorities."[53][54]

See also edit

References edit

  1. ^ a b Javed Ahmad Ghamidi, Mizan, The Penal Law of Islam, Al-Mawrid 2007-01-27 at the Wayback Machine
  2. ^ Crane, Robert D., “Hirabah versus Jihad”, IFRI.org (Islamic Research Foundation International, Inc., 2006)
  3. ^ Amin (2014), p. 133.
  4. ^ Daragahi, Borzou (29 January 2010). "Iran executes 2 alleged government opponents". Los Angeles Times. Retrieved 29 January 2010.
  5. ^ a b c "Trial of 16 Ashura riot detainees begins in Iran". Tehran Times. 31 January 2010.
  6. ^ "Maritime Space: Maritime Zones and Maritime Delimitation" (PDF). Retrieved 11 December 2017.
  7. ^ a b Fathi, Nazila (2 February 2010). "Iran, With Opposition Protests Continuing, Executes More Prisoners". The New York Times. Retrieved 20 April 2022.
  8. ^ a b Iran: Kurdish Activist Executed 10 November 2009
  9. ^ a b c "Turkmenistan". Retrieved 11 December 2017.
  10. ^ El Fadl, Khaled Abou (2006). "Rebellion". In Jane Dammen McAuliffe (ed.). Encyclopaedia of the Qurʾān. Vol. 4. Brill. p. 364. Q 5:33 [...] The verse (known as āyat al-hirāba)
  11. ^ Amin (2014), p. 133. "Neither the word hirabah nor the root verb haraba occurs in the Quran, although the verbal noun form (i.e. hirabah) is frequently used in classical and modern books of Islamic jurisprudence."
  12. ^ El Fadl, Khaled Abou (2006). "Rebellion". In Jane Dammen McAuliffe (ed.). Encyclopaedia of the Qurʾān. Vol. 4. Brill. p. 364.
  13. ^ Amin (2014), pp. 132–133.
  14. ^ Abou El Fadl, Khaled, The Great Theft: Wrestling Islam from the Extremists, by Khaled Abou El Fadl, Harper San Francisco, 2005, p.242
  15. ^ a b c d Iran calls political opponents enemies of Islam By BRIAN MURPHY (AP) 9 March 2010| accessed 14 March 2012
  16. ^ a b Kadri (2012), p. 219. "Exposure from a cross is a punishment that the Qur'an authorizes for anyone who has '[made] war against God and His apostle' or 'spread disorder in the land.' ... Most classical jurists had construed their definition with commensurate care, establishing a thousand or so years ago that they referred specifically to banditry in open country: a uniquely destabilizing threat to civil order in a premodern society."
  17. ^ Dawoody, Alexander R. (22 August 2016). Eradicating Terrorism from the Middle East: Policy and Administrative Approaches. Springer. ISBN 9783319310183.
  18. ^ a b Webb, Gisella - Windows of Faith: Muslim Women Scholar-Activists in North America p.130
  19. ^ Muhammad Taqi Usmani - The Islamization of Laws in Pakistan: The Case of Hudud Ordinances 2012-10-21 at the Wayback Machine
  20. ^ Affi, Ahmed; Affi, Hassan (2014). Contemporary Interpretation of Islamic Law. Troubador Publishing Ltd. p. 109. ISBN 9781783067596. Retrieved 9 November 2015. ... most classical jurists ... believe that the penalty for those who wage on God and His Apostle shall be that they are crucified, be subjected to cross-amputation or be banished from the earth.
  21. ^ Kadri (2012), p. 218. "Exposure from a cross is a punishment that the Quran authorizes for anyone who has '[made] war against God and His apostle' or 'spread disorder in the land.' It served historically to humiliate rather than kill, but it could be combined with execution, because the holy book acknowledged those crimes -- uniquely -- as capital offenses."
  22. ^ Kadri (2012), p. 219.
  23. ^ Kadri (2012), p. 241.
  24. ^ a b c d e Vogel, F.E. (2012). "Ṣalb". In P. Bearman; Th. Bianquis; C.E. Bosworth; E. van Donzel; W.P. Heinrichs (eds.). Encyclopaedia of Islam (2nd ed.). Brill. doi:10.1163/1573-3912_islam_SIM_6530.
  25. ^ a b c Peters, Rudolph (2006). Crime and Punishment in Islamic Law: Theory and Practice from the Sixteenth to the Twenty-First Century. Cambridge University Press. pp. 37–38.
  26. ^ a b "تصليب". الموسوعة الفقهية (Encyclopedia of Fiqh) (in Arabic). Vol. 12. وزارة الأوقاف والشئون الإسلامية في دولة الكويت. 1988.
  27. ^ a b "حرابة". الموسوعة الفقهية (Encyclopedia of Fiqh) (in Arabic). Vol. 17. وزارة الأوقاف والشئون الإسلامية في دولة الكويت. 1988.
  28. ^ Rahiminejad, Esma’il; Safarkhani, Mohaddetheh (1 May 2014). "Study of Baghy in Imami Jurisprudence and Iranian Law". Islamic Law. 11 (40): 105–133. ISSN 1735-3270.
  29. ^ "۱۱ نماینده آلمانی کفالت سیاسی معترضان پرونده "خانه اصفهان" را بر عهده گرفتند". ایران اینترنشنال (in Persian). Retrieved 31 December 2022.
  30. ^ "Mohsen Shekari: Iran carries out first execution over protests". BBC News. 8 December 2022. Retrieved 14 January 2023.
  31. ^ Hafezi, Parisa (12 December 2022). "Iran carries out second execution linked to wave of popular protests". Reuters. Retrieved 14 January 2023.
  32. ^ Fassihi, Farnaz (7 January 2023). "Iran Executes 2 Men Arrested in Protests". The New York Times. ISSN 0362-4331. Retrieved 14 January 2023.
  33. ^ "Iran: Chilling use of the death penalty to further brutally quell popular uprising". Amnesty International. 16 November 2022. Retrieved 14 January 2023.
  34. ^ . Archived from the original on 4 March 2016. Retrieved 20 May 2017.
  35. ^ World Report 2015: Iran. 11 January 2015. Retrieved 9 November 2015. {{cite book}}: |website= ignored (help)
  36. ^ More commonly theses offenders were sentenced to death for committing a related violation of Islamic law, mofsed-e-filarz, or "spreading corruption on earth".
  37. ^ Arbitrary arrest/ fear for safety/possible prisoners of conscience/medical concern/torture and ill-treatment, amnesty.org, 10 August 2007
  38. ^ Iran court upholds death for opposition activist By ALI AKBAR DAREINI (AP) 3 March 2010, accessed 4 March 2011
  39. ^ "Iran: Stop the execution of Abdolreza Ghanbari". labourstart.org. 2012. Archived from the original on 14 September 2012.
  40. ^ Iran opposition leader ready to 'pay any price', by ALI AKBAR DAREINI, AP, 16 February 2011, accessed 4 March 2011
  41. ^ Abdolfattah Soltani: “According to law and Sharia, throwing stones or breaking windows do not constitute ‘moharebeh’”| ICHRI| 9 February 2010
  42. ^ Bahrampur, Abolfazl (2 December 2019). "Iranian Quran Expert Bahrampur On National TV: Protesters Should Be Slaughtered Or Have Their Feet And Hands Chopped Off On Alternate Sides; If We Kill 10,000 Of Them, It Will Not Be An Exaggeration". MEMRI. Retrieved 26 December 2019.
  43. ^ Fatima, Sakina (14 December 2022). "Iran's footballer Amir Nasr-Azadani to face execution over anti-hijab protests: Report". The Siasat Daily. Retrieved 15 December 2022.
  44. ^ "Who is Amir Nasr-Azadani, the Iranian footballer facing execution over hijab protests?". The Indian Express. 14 December 2022. Retrieved 15 December 2022.
  45. ^ a b Mahmood, Zahid; Alkhaldi, Celine; Elbagir, Nima (23 December 2022). "Exclusive: Iranian footballer is among dozens facing execution while the West is distracted by Christmas, supporters fear". CNN. from the original on 10 January 2023. Retrieved 10 January 2023.
  46. ^ a b "Iran Starts Executing Protesters With First Hanging". Iran International. 8 December 2022. from the original on 8 December 2022. Retrieved 8 December 2022.
  47. ^ "Majidreza Rahnavard: Iran carries out second execution over protests". BBC News. 12 December 2022. from the original on 13 December 2022. Retrieved 12 December 2022.
  48. ^ Fassihi, Farnaz (7 January 2023). "Iran Executes 2 Men Arrested in Protests". The New York Times. ISSN 0362-4331. from the original on 10 January 2023. Retrieved 10 January 2023.
  49. ^ "Urgent Action: 28 PEOPLE RISK EXECUTION IN RELATION TO UPRISING (Iran: UA 103.22)". Amnesty International USA. 2 December 2022. from the original on 12 December 2022. Retrieved 12 December 2022.
  50. ^ "Iran executes first known prisoner arrested in protests". Middle East Online. 12 August 2022. from the original on 8 December 2022. Retrieved 8 December 2022.
  51. ^ PEIFFER (2005), p. 532.
  52. ^ Ruud PETERS, ISLAMIC CRIMINAL LAW IN NIGERIA 4 (2003), supra note 33, at 24. T
  53. ^ PEIFFER (2005), p. 509.
  54. ^ Safia Safwat, Offences and Penalties in Islamic Law, 26 ISLAMIC Q., 1982, p.296
Sources
  • Amin, ElSayed (2014). Reclaiming Jihad: A Qur'anic Critique of Terrorism. Kube Publishing. ISBN 9780860375982. Retrieved 9 November 2015.
  • Kadri, Sadakat (2012). Heaven on Earth: A Journey Through Shari'a Law from the Deserts of Ancient Arabia ... Macmillan. ISBN 9780099523277.
  • PEIFFER, ELIZABETH (2005). "THE DEATH PENALTY IN TRADITIONAL ISLAMIC LAW AND AS INTERPRETED IN SAUDI ARABIA AND NIGERIA". William & Mary Journal of Women and the Law. 11 (3): 507–539. Retrieved 9 November 2015.

Further reading edit

  • "The War on the Word 'Jihad'", by Guy Raz
  • "Making Sense of Jihad vs. Hirabah (Terrorism)", by the Islam Project
  • "Hirabah versus Jihad: Rescuing Jihad from The al Qaeda Blasphemy", by Jim Guirard

January 01, 1970
hirabah, islamic, Ḥirābah, arabic, حرابة, legal, category, that, comprises, highway, robbery, traditionally, understood, aggravated, robbery, grand, larceny, unlike, theft, which, different, punishment, rape, terrorism, Ḥirābah, means, piracy, unlawful, warfar. In Islamic law Ḥirabah Arabic حرابة is a legal category that comprises highway robbery traditionally understood as aggravated robbery or grand larceny unlike theft which has a different punishment rape and terrorism 1 Ḥirabah means piracy or unlawful warfare It comes from the triliteral root ḥrb which means to become angry and enraged The noun ḥarb ح ر ب pl ḥurub ح روب means war or wars 2 Moharebeh also spelled muharebeh is a Persian language term that is treated as interchangeable with ḥirabah in Arabic lexicons 3 The related term muḥarib محارب has been translated by English language Iranian media as enemy of God 4 5 6 In English language media sources moḥarebeh in Iran has been translated variously as waging war against God 7 war against God and the state 8 enmity against God 9 5 It is a capital crime in Saudi Arabia and Iran Contents 1 Scriptural basis 2 Crime 2 1 Rape 3 Punishment 4 In current legal systems 4 1 Iran 4 2 Nigeria 4 3 Saudi Arabia 5 See also 6 References 7 Further readingScriptural basis editA verse from the Quran surah al Ma idah 5 33 is known as the ḥiraba verse ayat al ḥiraba 10 specifies punishment for those who wage war against God and His Messenger and strive to spread disorder in the land 1 The punishment of those who wage war against God and His Messenger and strive with might and main for mischief through the land is execution or crucifixion or the cutting off of hands and feet from opposite sides or exile from the land that is their disgrace in this world and a heavy punishment is theirs in the Hereafter Quran 5 33 The verbal noun form i e ḥiraba is frequently used in classical and modern books of Islamic jurisprudence but neither the word ḥiraba nor the root verb ḥaraba occurs in the Quran 11 Yuḥaribuna is the form used in Quran 5 33 4 According to early Islamic sources the verse was revealed after the expedition of Kurz bin Jabir Al Fihri some members of the Arabian tribe of the Banu Urayna feigned conversion to Islam to steal Muslims possessions and killed a young shepherd sent to teach them about the faith Given the broad and strong language of the verse however various state representatives beginning with the Umayyad Caliphate have asserted that it applied to rebels in general 12 The original meanings of the triliteral root ḥrb are to despoil someones wealth or property and also fighting or committing sinful act The Quran refers to both meanings in al Baqara 2 279 and Al Ma ida 5 33 34 13 Crime editAccording to Islamic scholar Khaled Abou El Fadl ḥiraba means waging war against society and in Islamic jurisprudence traditionally referred to acts such as killing noncombatants the resident and wayfarer assassinations setting fires or poisoning water wells crimes so serious and repugnant that their perpetrators were not to be given quarter or sanctuary anywhere 14 Another source Brian Murphy states many Islamic scholars interpret the references to acts that defy universal codes such as intentionally killing civilians during warfare or causing random destruction 15 According to the author Sadakat Kadri Most classical jurists had established a thousand or so years ago that ḥiraba referred specifically to banditry in open country a uniquely destabilizing threat to civil order in a premodern society 16 The crime is sometimes lumped together with fasad fil ʾarḍ spreading corruption in the land 16 17 which is mentioned alongside waging war against Allah and His Prophet in 5 33 34 Rape edit The inclusion of rape within the purview of ḥiraba has had support throughout history The medieval Zahiri jurist ibn Hazm defined ḥiraba One who puts people in fear on the road whether or not with a weapon at night or day in urban areas or in open spaces in the palace of a caliph or a mosque with or without accomplices in the desert or in the village in a large or small city with one or more people making people fear that they ll be killed or have money taken or be raped hatk al arad whether the attackers are one or many 18 It had significant support from the Maliki school Al Dasuqi for example a Maliki jurist held that if a person forced a woman to have sex his actions would be deemed committing hiraba In addition the Maliki judge Ibn Arabi relates a story in which a group was attacked and a woman in their party raped Responding to the argument that the crime did not constitute hiraba because no money was taken and no weapons used Ibn Arabi replied indignantly that hirabah with the private parts is much worse than hiraba involving the taking of money and that anyone would rather be subjected to the latter than the former 18 In the Hanafi school the term zina is taken to refer to illegal sexual intercourse where rape is distinguished as zina bil jabr to indicate its forced and non consensual nature whereas fornication and adultery fit zina bil ridha which indicates consent Though the terminology uses the term zina nonetheless they are two categorically different crimes as rape is treated as a hiraba crime by the judge and prosecuted based on circumstantial evidence medical evidence any number of witnesses and other forensic evidence In other words very similar to how it is treated in contemporary Western law It is fornication and adultery by mutual consent or zina bil ridha which retain their classical hadd punishments from the Qur an and sunnah provided there are four witnesses absent which they too default to tazir subject to discretionary punishments such as fining imprisonment or lashes Nonetheless gang rape or public rape such as the sort that occurs during war is still traditionally considered ḥiraba as that is more in line with its classical definition as a war crime or crime against civilization and society 19 Punishment editIn keeping with the Quranic verse 5 33 quoted above most classical Islamic jurists held that the penalty for muḥaribah was crucifixion تصليب cross amputation amputation of right hand and left foot or being banished from the earth نفى 20 21 According to Sadakat Kadri the crimes of waging war against God and His apostle Muḥaribah and spreading disorder in the land fasad fi l ard were originally punished either by exile or some combination of double amputation beheading and crucifixion what Kadri calls Islam s equivalent of the hanging drawing and quartering that medieval Europeans inflicted on traitors This was the only capital penalty permitted rulers by the Quran in the case of murder the killer s fate was in the hands of the victim s next of kin not the judge 22 during the early years of Islam when enemies of the faith and political rebels often looked frighteningly similar the crime had broader application including apostasy from Islam but was gradually narrowed to apply only to highway robbery in the open county 23 The choice of crucifixion and its method is subject to complex and contested rules in classical jurisprudence 24 Most scholars required crucifixion for highway robbery combined with murder while others allowed execution by other methods 24 The main methods of crucifixion are Exposure of the culprit s body after execution by another method ascribed to most scholars 24 25 and in particular to Ibn Hanbal and Al Shafi i 26 or Hanbalis and Shafi is 27 Crucifying the culprit alive then executing him with a lance thrust or another method ascribed to Malikis most Hanafis and most Twelver Shi is 24 the majority of the Malikis 25 Malik Abu Hanifa and al Awza i 26 or Malikis Hanafis and Shafi is 27 Crucifying the culprit alive and sparing his life if he survives for three days ascribed to Shiites 25 Most scholars limit the period of crucifixion to three days 24 In current legal systems editIran edit See also Capital punishment in Iran In Iran hiraba is known as moharebeh and is translated variously in English language media as waging war against God 7 war against God and the state 8 or enmity against God 9 5 The charge is levied against people who commit acts against the government Another related crime is Mofsede fel arz which is spreading corruption on the earth which can be applied for political crimes such as treason The Iran s judiciary system has also used another related crime Baghy which is translated to armed rebellion against the Islamic government 28 especially against protesters during the 2022 Mahsa Amini protests 29 In 2022 dozens have been charged with moharabeh for their involvement in the Mahsa Amini protests and at least four people have been executed 30 31 32 Human rights organizations have condemned the use of sham trials designed to intimidate protestors and the chilling use of the death penalty in rush trials 33 The term is widely used by Iran s Islamic Judiciary citing Sharia law and is usually used against those who take up arms against the state 9 and usually carries the death penalty The term is used in articles 183 to 196 of Iran s criminal law The cases that fall under this term typically require involvement in armed criminal activities e g taking up arms for terrorism and disruption of public safety article 183 membership in groups conducting armed uprising article 186 supporting groups planning to overthrow the government by force using weapons and explosives article 187 accepting critical posts in a Coup d etat government Articles 190 191 state that judge can give a person convicted under one of these crimes capital punishment Peaceful and unarmed opposition to government does not fall under this term Typical convicts under the term are members of armed ethnic separatist groups members of armed drug trafficking groups and people involved in armed robbery 34 According to Human Rights Watch at least nine people convicted of moharebeh by Islamic Revolutionary Courts for their alleged ties to armed opposition groups were executed in 2014 35 Between the end of early days of the 1979 Islamic Revolution when scores of former officials of the Shah and others were arrested and executed for moharebeh 36 and the beginning of the 2009 election protests executions for moharebeh were rare and usually applied against members of armed opposition terrorist groups Kurdish separatists or common criminals 15 In recent years Iranians executed after being charged with Moharebeh include Majidreza Rahnavard 2022 Mohsen Shekari 2022 Mohammad Reza Ali Zamani 2010 Arash Rahmanipour 2010 and Ehsan Fatahian 2009 Others accused charged or convicted of Moharebeh include Adnan Hassanpour whose death sentence for Moharebeh was overturned in 2008 on appeal and Zeynab Jalalian whose death sentence was commuted to life in prison Shia cleric Hossein Kazemeyni Boroujerdi known for preaching that religion is separate from politics was reportedly charged with Moharebeh in 2007 by Iran s Special Court for the Clergy 37 but had his sentence reduced to 11 years in prison after an appeal Student demonstrator Mohammad Amin Valian was sentenced to death for Moharebeh in 2009 a sentence overturned by an appeals court in March 2010 38 In March 2010 the 76 year old former dean of Tehran University Mohammad Maleki was charged with it for alleged contact with unspecified foreign groups and working to undermine the Islamic system 15 He was later convicted of lesser charges Abdolreza Ghanbari a university lecturer living in Pakdasht was arrested in the wake of 2009 Ashura protests and convicted in 2010 of Moharebeh through ties with hostile groups against the regime A request for pardon of the death sentence was rejected on 28 February 2012 39 In a February 2011 televised address before a group of clerics in the city of Qom hard liner cleric Ahmad Khatami accused reformist presidential candidates Mir Hossein Mousavi and Mahdi Karroubi of Moharebeh as leaders of sedition 40 This was not followed up with any charges against the two by the Iranian judiciary Abdolfattah Soltani an Iranian attorney and member of Center for Defense of Human Rights has argued that under Articles 86 and 89 of the Islamic Punitive Laws of the Islamic Republic of Iran the accused must either have engaged in armed confrontation or he must have been a supporter or a member of an armed group and must have committed effective deliberate actions on behalf of that organization conditions that have not been met by defendants such as Valian who threw stones at militia members 41 According to journalist Brian Murphy the Iranian Islamic regime s use of moharebeh against 2009 election protesters has opened deep rifts between ruling clerics and Islamic scholars questioning how an idea about safeguarding Muslims can be transformed into a tool to punish political protesters Ayatollah Mostafa Mohaghegh Damad has reportedly sought to rally clerics to oppose the use of moharebeh charges against political protesters 15 In 2019 an Iranian Quran interpreter has called for the punishment of those protesting based on Quran Surah 5 33 42 In December 2022 Iranian soccer player Amir Nasr Azadani faces possible execution according to reports world footballers union expresses shock and sadness Nasr Azadani was accused of being a member of an armed group involved in the killing of three security officers during protests in the central Iranian city of Esfahan the city s Chief Justice Asadullah Jafari said as reported by the state agency IRNA this Sunday 43 In the report Jafari said Nasr Azadani had been charged with Baghi or rioting against the authorities and has been in custody since November 27 but no sentence has yet been issued 44 By late 2022 at least 43 Iranians had been sentenced to death for moharebeh or mofsed e filarz due to their purported involvement in the Mahsa Amini protests 45 The first of their executions occurred on 8 December when Mohsen Shekari was hanged after being convicted of moharebeh due to allegations that he nonfatally injured a Basij militiaman 46 Four days later Majidreza Rahnavard was publicly executed after being convicted of moharebeh due to allegations that he was involved in two murders of two volunteer Basij militiamen during a protest 47 On 7 January 2023 Iran executed Mohammad Mehdi Karami and Seyyed Mohammad Hosseini after they were convicted of mofsed e filarz in connection to their alleged involvement in the protests 45 48 Amnesty International accused Iran of extracting false confessions from those condemned to death for moharebeh or mofsed e filarz in connection with the protests subjecting them to torture and depriving them of their right to a fair trial 49 50 46 Nigeria edit The penalty for hirabah in Nigeria is death if a life is taken during the offense Additionally the Zamfara penal code in effect in the North of Nigeria provides that if life and property are taken during the commission of hirabah the penalty is crucifixion 51 52 Saudi Arabia edit In Saudi Arabia Hirabah is defined as Armed Robbery To prove hirabah two witnesses must testify or there must be a confession In addition an offender can still escape the death penalty if he repents before he is arrested and willingly places himself in the hands of the authorities 53 54 See also editFasad Jihad Judicial system of Iran Mofsed e filarz Muslim attitudes towards terrorismReferences edit a b Javed Ahmad Ghamidi Mizan The Penal Law of Islam Al Mawrid Archived 2007 01 27 at the Wayback Machine Crane Robert D Hirabah versus Jihad IFRI org Islamic Research Foundation International Inc 2006 Amin 2014 p 133 Daragahi Borzou 29 January 2010 Iran executes 2 alleged government opponents Los Angeles Times Retrieved 29 January 2010 a b c Trial of 16 Ashura riot detainees begins in Iran Tehran Times 31 January 2010 Maritime Space Maritime Zones and Maritime Delimitation PDF Retrieved 11 December 2017 a b Fathi Nazila 2 February 2010 Iran With Opposition Protests Continuing Executes More Prisoners The New York Times Retrieved 20 April 2022 a b Iran Kurdish Activist Executed 10 November 2009 a b c Turkmenistan Retrieved 11 December 2017 El Fadl Khaled Abou 2006 Rebellion In Jane Dammen McAuliffe ed Encyclopaedia of the Qurʾan Vol 4 Brill p 364 Q 5 33 The verse known as ayat al hiraba Amin 2014 p 133 Neither the word hirabah nor the root verb haraba occurs in the Quran although the verbal noun form i e hirabah is frequently used in classical and modern books of Islamic jurisprudence El Fadl Khaled Abou 2006 Rebellion In Jane Dammen McAuliffe ed Encyclopaedia of the Qurʾan Vol 4 Brill p 364 Amin 2014 pp 132 133 Abou El Fadl Khaled The Great Theft Wrestling Islam from the Extremists by Khaled Abou El Fadl Harper San Francisco 2005 p 242 a b c d Iran calls political opponents enemies of Islam By BRIAN MURPHY AP 9 March 2010 accessed 14 March 2012 a b Kadri 2012 p 219 Exposure from a cross is a punishment that the Qur an authorizes for anyone who has made war against God and His apostle or spread disorder in the land Most classical jurists had construed their definition with commensurate care establishing a thousand or so years ago that they referred specifically to banditry in open country a uniquely destabilizing threat to civil order in a premodern society Dawoody Alexander R 22 August 2016 Eradicating Terrorism from the Middle East Policy and Administrative Approaches Springer ISBN 9783319310183 a b Webb Gisella Windows of Faith Muslim Women Scholar Activists in North America p 130 Muhammad Taqi Usmani The Islamization of Laws in Pakistan The Case of Hudud Ordinances Archived 2012 10 21 at the Wayback Machine Affi Ahmed Affi Hassan 2014 Contemporary Interpretation of Islamic Law Troubador Publishing Ltd p 109 ISBN 9781783067596 Retrieved 9 November 2015 most classical jurists believe that the penalty for those who wage on God and His Apostle shall be that they are crucified be subjected to cross amputation or be banished from the earth Kadri 2012 p 218 Exposure from a cross is a punishment that the Quran authorizes for anyone who has made war against God and His apostle or spread disorder in the land It served historically to humiliate rather than kill but it could be combined with execution because the holy book acknowledged those crimes uniquely as capital offenses Kadri 2012 p 219 Kadri 2012 p 241 a b c d e Vogel F E 2012 Ṣalb In P Bearman Th Bianquis C E Bosworth E van Donzel W P Heinrichs eds Encyclopaedia of Islam 2nd ed Brill doi 10 1163 1573 3912 islam SIM 6530 a b c Peters Rudolph 2006 Crime and Punishment in Islamic Law Theory and Practice from the Sixteenth to the Twenty First Century Cambridge University Press pp 37 38 a b تصليب الموسوعة الفقهية Encyclopedia of Fiqh in Arabic Vol 12 وزارة الأوقاف والشئون الإسلامية في دولة الكويت 1988 a b حرابة الموسوعة الفقهية Encyclopedia of Fiqh in Arabic Vol 17 وزارة الأوقاف والشئون الإسلامية في دولة الكويت 1988 Rahiminejad Esma il Safarkhani Mohaddetheh 1 May 2014 Study of Baghy in Imami Jurisprudence and Iranian Law Islamic Law 11 40 105 133 ISSN 1735 3270 ۱۱ نماینده آلمانی کفالت سیاسی معترضان پرونده خانه اصفهان را بر عهده گرفتند ایران اینترنشنال in Persian Retrieved 31 December 2022 Mohsen Shekari Iran carries out first execution over protests BBC News 8 December 2022 Retrieved 14 January 2023 Hafezi Parisa 12 December 2022 Iran carries out second execution linked to wave of popular protests Reuters Retrieved 14 January 2023 Fassihi Farnaz 7 January 2023 Iran Executes 2 Men Arrested in Protests The New York Times ISSN 0362 4331 Retrieved 14 January 2023 Iran Chilling use of the death penalty to further brutally quell popular uprising Amnesty International 16 November 2022 Retrieved 14 January 2023 Iranian Criminal Law Persian Archived from the original on 4 March 2016 Retrieved 20 May 2017 World Report 2015 Iran 11 January 2015 Retrieved 9 November 2015 a href Template Cite book html title Template Cite book cite book a website ignored help More commonly theses offenders were sentenced to death for committing a related violation of Islamic law mofsed e filarz or spreading corruption on earth Arbitrary arrest fear for safety possible prisoners of conscience medical concern torture and ill treatment amnesty org 10 August 2007 Iran court upholds death for opposition activist By ALI AKBAR DAREINI AP 3 March 2010 accessed 4 March 2011 Iran Stop the execution of Abdolreza Ghanbari labourstart org 2012 Archived from the original on 14 September 2012 Iran opposition leader ready to pay any price by ALI AKBAR DAREINI AP 16 February 2011 accessed 4 March 2011 Abdolfattah Soltani According to law and Sharia throwing stones or breaking windows do not constitute moharebeh ICHRI 9 February 2010 Bahrampur Abolfazl 2 December 2019 Iranian Quran Expert Bahrampur On National TV Protesters Should Be Slaughtered Or Have Their Feet And Hands Chopped Off On Alternate Sides If We Kill 10 000 Of Them It Will Not Be An Exaggeration MEMRI Retrieved 26 December 2019 Fatima Sakina 14 December 2022 Iran s footballer Amir Nasr Azadani to face execution over anti hijab protests Report The Siasat Daily Retrieved 15 December 2022 Who is Amir Nasr Azadani the Iranian footballer facing execution over hijab protests The Indian Express 14 December 2022 Retrieved 15 December 2022 a b Mahmood Zahid Alkhaldi Celine Elbagir Nima 23 December 2022 Exclusive Iranian footballer is among dozens facing execution while the West is distracted by Christmas supporters fear CNN Archived from the original on 10 January 2023 Retrieved 10 January 2023 a b Iran Starts Executing Protesters With First Hanging Iran International 8 December 2022 Archived from the original on 8 December 2022 Retrieved 8 December 2022 Majidreza Rahnavard Iran carries out second execution over protests BBC News 12 December 2022 Archived from the original on 13 December 2022 Retrieved 12 December 2022 Fassihi Farnaz 7 January 2023 Iran Executes 2 Men Arrested in Protests The New York Times ISSN 0362 4331 Archived from the original on 10 January 2023 Retrieved 10 January 2023 Urgent Action 28 PEOPLE RISK EXECUTION IN RELATION TO UPRISING Iran UA 103 22 Amnesty International USA 2 December 2022 Archived from the original on 12 December 2022 Retrieved 12 December 2022 Iran executes first known prisoner arrested in protests Middle East Online 12 August 2022 Archived from the original on 8 December 2022 Retrieved 8 December 2022 PEIFFER 2005 p 532 Ruud PETERS ISLAMIC CRIMINAL LAW IN NIGERIA 4 2003 supra note 33 at 24 T PEIFFER 2005 p 509 Safia Safwat Offences and Penalties in Islamic Law 26 ISLAMIC Q 1982 p 296 Sources Amin ElSayed 2014 Reclaiming Jihad A Qur anic Critique of Terrorism Kube Publishing ISBN 9780860375982 Retrieved 9 November 2015 Kadri Sadakat 2012 Heaven on Earth A Journey Through Shari a Law from the Deserts of Ancient Arabia Macmillan ISBN 9780099523277 PEIFFER ELIZABETH 2005 THE DEATH PENALTY IN TRADITIONAL ISLAMIC LAW AND AS INTERPRETED IN SAUDI ARABIA AND NIGERIA William amp Mary Journal of Women and the Law 11 3 507 539 Retrieved 9 November 2015 Further reading edit The War on the Word Jihad by Guy Raz Making Sense of Jihad vs Hirabah Terrorism by the Islam Project Hirabah versus Jihad Rescuing Jihad from The al Qaeda Blasphemy by Jim Guirard Retrieved from https en wikipedia org w index php title Hirabah amp oldid 1220832194, wikipedia, wiki, book, books, library,

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