Fasad Fel Ard

[Abisafyan]

‘Fasad Fel Ard’

The Divine Definition of Terrorism

Spot Justice


I have gone through a number of definitions regarding terrorism in manmade laws and say out rightly all are full of flaws!
One must bear in mind that fundamental legislation has always been the Divine Domain and this is why Allah Almighty has arranged for the same from the debut of the First Human Couple; Prophet Adam & his wife Eve PBUT, while they PBUT were still in Jannah!
Allah Almighty bestowed the first commandment by forbidding them:

“Then We said, "O Adam, you and your wife, both dwell in the Garden and eat to your hearts' content where from you will, but do not go near this tree; otherwise you shall become transgressors"
(Al-Baqarah 2:35)

“O Adam! Live you and your spouse in the Garden and both of you eat from it wherever you will, but never approach the tree or you shall become wrongdoers.” (7:19)

And when Allah Almighty decided about their settlement on the earth as the first Parents of Human beings, Allah Almighty ordained them to dwell on the earth and be abiding by the Divine Directions; Islam, which they would receive in this world as told by Allah Almighty:

"get ye down all from here; and if, as is sure, there comes to you guidance from Me, whosoever follows My guidance, on them shall be no fear, nor shall they grieve”.
(Surah Al Baqarah 2-38).

Now, Al-Qur’an being the Divine Final Testament has been bestowed by His Almighty Final Prophet; Prophet Mohammad PBUH for the entire Human race & has therefore also saved the same by Himself Almighty in its original vernacular, language, format & configuration.
Having said that I come to the topic. My simple question is; for whom else it can be thought possible to define the most vital meaning of ‘Fasad Fel Ard’ (viz terrorism) than the Creator Almighty? And thus the Divine Provision has therefore been stated explicitly & in the best words as under:

إِنَّمَا جَزَاءُ الَّذِينَ يُحَارِبُونَ اللَّهَ وَرَسُولَهُ وَيَسْعَوْنَ فِي الْأَرْضِ فَسَادًا أَنْ يُقَتَّلُوا أَوْ يُصَلَّبُوا أَوْ تُقَطَّعَ أَيْدِيهِمْ وَأَرْجُلُهُمْ مِنْ خِلَافٍ أَوْ يُنْفَوْا مِنَ الْأَرْضِ ذَلِكَ لَهُمْ خِزْيٌ فِي الدُّنْيَا وَلَهُمْ فِي الْآَخِرَةِ عَذَابٌ عَظِيمٌ

(5:33)

“Those who wage war against Allah and His Messenger, and go about the earth spreading mischief - indeed their recompense is that they either be done to death, or be crucified, or have their hands and feet cut off from the opposite sides or be banished from the land. Such shall be their degradation in this world; and a mighty chastisement lies in store for them in the World to Come,


إِلَّا الَّذِينَ تَابُوا مِنْ قَبْلِ أَنْ تَقْدِرُوا عَلَيْهِمْ فَاعْلَمُوا أَنَّ اللَّهَ غَفُورٌ رَحِيمٌ
(5:34)

except for those who repent before you have overpowered them. Know well that Allah is All-Forgiving, All-Compassionate”.

Here this aspect in these Holy Verses is noteworthy that Allah Almighty has explicitly provided an executive course of action keeping in view the importance of peace & tranquility in the society, which is none of the judiciary's business!
And being so no hard & fast rule of evidence has therefore been held as mandatory as has been held in other Hadood cases, which come exclusively in the judiciary domain!
Terrorism is our main concern, of course and as a practicing lawyer I can state plainly that those who are of the view that terrorists can be punished by the courts, are either naive or impotent or both, for it is tantamount of giving them; terrorists a safe passage.
The possibility of conviction of terrorists in the courts is not more than one percent for obvious reasons. And that is why God
Almighty has given different line of action, while dealing with terrorism. How to stop terrorism, way out for ‘Spot Justice’ has been provided in the aforementioned Holy Verses!
All individual heinous crimes & all organized crimes; which are committed in an inhuman, aggravated, terrible & brutal patterns e.g. rapes, child abuses, brutal murders; by lynching, by acid or other dangerous chemicals, by explosives or live burning or mutilation, burning by acid throwing, extortion (batakhori), kidnapping for ransom or violence, forced naked walks, imputation of any human organs, murdering of whole families & the like come within the definition of 'fasad fel ard' (viz terrorism).
The concentration in the Divine Definition of Terrorism appearing is to deal with the terrorists in such a deterring way which sets example for others to be deterred before hand from thinking inhumanly against the humanity!
To rescue the Divine Religion; Islam from the disarray of the professional sectarianists, it is a must to be noted that al-Quran is not an ordinary religious book, it’s the final Testament of Allah Almighty bestowed for the entire mankind, wheresoever through His Almighty final Prophet, Mohammad PBUH.
It is the only genuine source of Divine Wisdom. Therefore, it is impossible for any ordinary individual to conduct cogent interpretation of the Divine Wisdom individually. The sound interpretation of the Holy Book is possible only in the light of Holy Sunnah of the beloved Prophet Mohammad PBUH and the Holy Sunnah can only be interpreted in the light of Holy Qur’an, to be carried out by the world class Straight Muslim Practical Scholars of integrity & who are torchbearers of Islam instead of any sect or outfit!!!

Aftab Alam Advocate (High Court) Swat