
Translator: Zahra Zamanloo
Source: rasekhoon.net
Source: rasekhoon.net
Is it necessary to prevent the sin? If preventing the sin is necessary, everyone is obliged to vanish the environment of sin and prevent the fulfillment of guilt.
One example is the verdict that some scholars have appointed it, referring to the sale of grapes to one that is making wine from it. The reason to the sanctity of the sale of grapes is the preparations for a taboo deed that is helping to make wine and propagation of sin which is taboo rationally.
On the other hand, preventing the evil is necessary rationally and to prevent the sin we should abandon sale of grape to one who makes wine.
Sheikh Ansari says during a debate:
‘one of the reasons that can be used to prevent this taboo deal is that as preventing one who is committing a sin is necessary, it is also necessary to prevent the occurrence of sin and preventing the sin here means to leave the sale of goods to someone that uses it in taboo way.
Imam Khomeini writes in explaining the argument:
" the reasons of the prohibition of evil deeds shows that the legislate of this law is due to eliminating the corruption and destroying the origins of sin, and it is emphasized a lot especially in Sharia while the sale of grape is taboo to one who makes wine from it, or to sell wood to one who makes idol from it is taboo since it is considered pornography and vices and promote; so people should not promote sin and they must prevent it, and according to rationality of Propagation of sin, it is necessary to avoid such sales."
And in explaining it one should know that:
“As If you see an animal pours something on earth, and your boss is not satisfied with it, you should prevent it and it is not acceptable to be indifference; also, if you see that someone is doing a sin, you must not remain indifferent and you have to prevent it, because the evidence in both cases is one and the subject is not important."
The argument achieved this conclusion that one must do something to avoid sin; it is important to avoid sin because God is not satisfied with it.
In contrast, most scholars believe that the sale of grapes to one who makes the wine is not haram, although the seller knows that the vendor use it in a haram way.
As we said before the sale of grapes to one who makes wine from it is rationally taboo since it helps the spread of sin and the sale of grape to one who provides the sin is prohibited based on holy verses of Quran.
some scholars have said that "cooperation" to sin is the final preparations for action, while the subject is independent in doing the sin and while the holy Quran says that the cooperation on sin is taboo; cooperation means that some people have gathered to do something, namely they are going to do something together, while they are not independent in doing it, such as building the mosques and bridges and destroying the cities and the murder of population; therefore, the holy verse prohibits only the cooperation and abetting the taboo haram act; so there was no reason for the sanctity of the cooperation in halal acts.
On the other hand, the wisdom denies the necessity of expulsion of sin only when the legislator emphasizes the prohibition of contribution to them; sins such as manslaughter, the reputation of individuals and destroying the property of other people, eliminating the basis of religion, breaking the power and authority of Muslims and promoting the innovations in religion, these are sins that must be prevented and Muslims have the same idea in this field.
We achieved this conclusion after these discussions: responsibility in the field of implementation of real rulings criteria and purposes of religion are ordered the by legislator and we cannot compel the others to do their religious duties by every possible means, except in cases where the issue has particular importance and legislator has extraordinary emphasis on its contribution; cases such as the preservation of the lives and property of Muslims that is the basis of religion and the reason for the contribution to the protection of Sharia goals in these cases is clearly understandable.
Note urging others to do their religious duty, although with the interests should be determined only by legislator (because it is the result of the achievement of a legislator ), but you cannot conclude that this advice is absolute, since there are so many other factors such as the maintenance of freedom of people in doing their duty or their immunity from aggression, and like that, in terms of contribution that legislator prevented the interest and called for continuing the act to achieve real criteria, it seems that the legislator has neglected in education of real criteria rulings.
But we must see the narrating reasons that have been ordered by God in the context of the Sharia.
3. The reasons of restrictions and punishments
Whether in Islamic criminal laws, there are earthly punishments for violation of any legal warrant? Which punishments belong to which crimes? What are the cases of punishment? Are these cases only those crimes that have been mentioned in the tradition or all the sins that don’t have the legal limit? And in the last case do they include all mortal sins or immortal sins? And finally whether on the basis of "punishment belongs to all haram acts", we can appoint a preventive law for all sins and therefor appoint a punishment for all sins?
1 - 3. All sorts of Islamic punishment
In sharia there are punishments for various crimes:
1. Retaliation: self - related crimes (the intentional and premeditated murder or damage to members of the body) have been retaliated in some conditions.
2. Crimes such as adultery, drinking alcohol, sodomy, theft, warfare and apostasy and blasphemy have severe punishments.
3. Third kind of punishment includes the bulk of sanctions and that is kind of A punishment which is less than retaliation.
This kind of punishment is considered a cooperation and help to culprit because keeps him far away the thing which hurts him, but there are two kinds of such cooperation: one of them keeps the harm far from the man and the other one keeps man far from the damage as the holy Prophet of Allah said:
“Help your brother even if he is cruel and help him even if he is oppressed. He was asked: if he is innocent, I will help him but how can I help him while he is cruel? He said, stop his tyranny".
In the holy Koran punishment has been mentioned on three occasions, and in all three cases, it means bowing that is considered some kind of punishment whose size and extent are not determined; and in some cases it is mentioned with words such as hitting, exiling, prisoning and financial fines.