The Situation of A Robber in War In The Context of Busr Ibn Ab? Ar??t’s Narration

Abstract

In addition to conveying the provisions on religion, the Prophet also applied the divine provisions in the natural flow of life. Besides, he was able to make different decisions regarding the execution of the provisions in extraordinary situations. In order to exemplify such an event, a narration conveyed from Busr Ibn Ab? Ar??t (d. 86/705) and suggested that hadd punishment should not be applied to a person who steals during the war has been examined in this study. Busr Ibn Ab? Ar??t, who also has discussions about his being a companion (sahaba), is the only companion who conveys the ?ad?th that goes: The person who steals during war/campaign time is not punished. The authors of sunans, especially Ahmed b. Hanbal (d. 241/855), refer to this ?ad?th as fallows: “The Prophet forbade us to cut our hands in war and do not apply the punishment of theft in war/campaign”. Although there are criticisms against Ibn Lehia in some of the narrations, which are transmitted in fifteen different chains as far as can be determined; in the final sense, the ?ad?th is accepted as authentic. Although Busr Ibn Ab? Ar??t’s narration is accepted as authentic in terms of the science of ?ad?th, it did not receive enough attention in terms of applicability. For example, the Hanafis gave judgment on the basis of the ?ad?th, which is considered weak and states that the hadd punishment will not be applied in d?r al-?arb instead of this narration. While al-Awz?’? pointed out that the hadd punishment should be reduced, al-Sh?fi’? expressed his opinion that the hadd punishment should be applied at any time. In this study, after giving information about robbery and its punishment in Isl?mic Law, the aforementioned narration was compiled from the main ?ad?th books and the isnad scheme was extracted and later on the content of the narration was analyzed around the approach of Isl?mic jurists to the subject. © Published by Aksaray Üniversitesi İslami İlimler Fakültesi / Aksaray University Faculty of Islamic Sciences, 68100, Aksaray, Turkey. Tüm Hakları saklıdır / All rights reserved.