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Sunan an-Nasai 4899 (Book 46, Hadith 30) #19432
Equality in Justice

SUMMARY: The hadith is about the importance of justice and equality, regardless of social status.

It was narrated from 'Aishah that Quraish were worried about the Mkahzumi woman who had stolen. They said; Who will speak to the Messenger of Allah concerning her?" They said: "Who would dare to do that except Usamah bin Zaid, the beloved of the Messenger of Allah?" so Usamah spoke to him and the Messenger of Allah said: "Are you interceding concerning one of the Hadd punishments decreed by Allah?" Then he stood up and addressed (the people) and said: "Those who came before you were destroyed because, whenever a noble person among them stole, they would let him go. But if a person who was weak stole, they would carry out the punishment on him. By Allah, if Fatimah the daughter of Muhammad were to steal, I would cut off her hand".
أَخْبَرَنَا قُتَيْبَةُ، قَالَ حَدَّثَنَا اللَّيْثُ، عَنِ ابْنِ شِهَابٍ، عَنْ عُرْوَةَ، عَنْ عَائِشَةَ، أَنَّ قُرَيْشًا، أَهَمَّهُمْ شَأْنُ الْمَخْزُومِيَّةِ الَّتِي سَرَقَتْ فَقَالُوا مَنْ يُكَلِّمُ فِيهَا رَسُولَ اللَّهِ قَالُوا وَمَنْ يَجْتَرِئُ عَلَيْهِ إِلاَّ أُسَامَةُ بْنُ زَيْدٍ حِبُّ رَسُولِ اللَّهِ فَكَلَّمَهُ أُسَامَةُ فَقَالَ رَسُولُ اللَّهِ ‏"‏ أَتَشْفَعُ فِي حَدٍّ مِنْ حُدُودِ اللَّهِ ‏"‏ ‏.‏ ثُمَّ قَامَ فَخَطَبَ فَقَالَ ‏"‏ إِنَّمَا هَلَكَ الَّذِينَ قَبْلَكُمْ أَنَّهُمْ كَانُوا إِذَا سَرَقَ فِيهِمُ الشَّرِيفُ تَرَكُوهُ وَإِذَا سَرَقَ فِيهِمُ الضَّعِيفُ أَقَامُوا عَلَيْهِ الْحَدَّ وَايْمُ اللَّهِ لَوْ أَنَّ فَاطِمَةَ بِنْتَ مُحَمَّدٍ سَرَقَتْ لَقَطَعْتُ يَدَهَا

TOPICS
justice  *  equality  *  punishment  *  stealing  *  adl  *  musawat  *  auqubat  *  sariqat

QUICK LESSONS:
Treat everyone fairly under Islamic Law when it comes to punishment for crimes committed
EXPLANATIONS:
This hadith speaks to the importance of justice and equality, regardless of social status. It was narrated by 'Aishah that Quraish were worried about a woman who had stolen something. They asked Usamah bin Zaid to speak to the Prophet Muhammad on her behalf, as he was beloved by him. The Prophet Muhammad then asked if Usamah was interceding concerning one of the Hadd punishments decreed by Allah, which are punishments prescribed in Islamic law for certain crimes such as theft or adultery. He then stood up and addressed the people saying that those before them were destroyed because they would let noble people go if they stole but punish those who were weak for stealing. He said that even if his daughter Fatimah were to steal he would cut off her hand as a punishment according to Islamic law. This hadith teaches us that justice should be applied equally no matter what someone's social standing is or who they are related too; everyone should be treated fairly under Islamic law when it comes to punishment for crimes committed.

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