Friday, September 24, 2010

Re: Burglar being Beaten

Abu,
As much as I do not advocate for  mob justice but it is important to note that whoever you are referring to as petty offenders are the ones who graduate to be real robbers after a short while.There is no difference when it comes a person robbing  a person a mobile worth ksh 1000 or one robbing you of a car worth ksh 15 million.They are both potentially dangerous as they can kill you if you resist their attempts.It is therefore important that each should be treated with great seriousness that it deserves. Leniency should not be based on the amount involved but on the threat to life of the victim.But our security system is the one that has let us down leading to mob justice.Any suspect handed to police is always left Scot
free on the flimsy reason of no evidence.Why then do we need to take suspects to police station then?
Ayuaya Masira.


--- On Fri, 9/24/10, abu Ayman <abuayman88@yahoo.com> wrote:

From: abu Ayman <abuayman88@yahoo.com>
Subject: Re: Burglar being Beaten
To: mlalahoi@googlegroups.com
Cc: youngprofessionals_ke@googlegroups.com, park-road-youth@googlegroups.com, kiswahili@yahoogroups.com
Date: Friday, September 24, 2010, 7:07 AM


People have spoken against Islamic law saying it is barbaric and outdated.  Yet such barbaric scenes constantly arise and those who see Islamic law as harsh are silent on such issues.  Others even condone mob justice arguing that it helps in taming crime where the police has failed.
We have seen petty criminals losing their lives through such scenes and even through the judicial system where a violent robber if found guilty even for cases which involve a a mobile phone worth Sh 1,000 is sentenced to death.
Islamic law on the other hand is totally against this kind of barbarism. While the Shariah amputating the hand is punishment for burglars, this can only be done after putting into consideration the value of the product stolen and also it has to be proved that the offender is a habitual thief and he had no justifiable reason for such a person to engage in that criminal activity. If such a person can for example prove that he resorted committing that particular crime. If he can convince the court that he resorted to the crime to  feed his family which which was on the verge of starvation, he is not only set free but the state has a responsibility to look after his welfare so that he cannot be able to resort to the the crime in the future.
In cases where the thief  was 'tempted', for instance leaving yr car with the window open and the phone on the dashboard, it is you who will be blamed and the thief will be left off the hook.
This is the essence of the often maligned Islamic judicial system, the Shariah.

Abu Ayman



From: Robert Alai <alai.robert@gmail.com>
To: ">" <mlalahoi@googlegroups.com>; bidiiafricaint <bidiiafricaINT@googlegroups.com>
Sent: Fri, September 24, 2010 4:20:23 PM
Subject: Burglar being Beaten


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