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Jurisprudence

Insight and Astuteness

Adopted from the book: "The rights of prisoners according to Islamic teachings" by: "Sayyid Muhammad Sadiq al-Shirazi"

In another case for 'Adhdu-Dawlah al-Buwayhi, a businessman came to him with a complaint. He said to him "I wanted to go to the Hajj pilgrimage and I had some one thousand gold Dinars to spare, and for safe keeping I deposited the money with one of the businessmen and left for Hajj. When I came back from Hajj I asked for the money I had deposited with him, but he denied all knowledge of this.

Al-Buwayhi said to the man, "All you need to do is go and stand in front of his shop such that he can see you. I shall arrange for my cortege to pass through that road and when I see you I shall warmly welcome you and ask you to come with me to my house, but refuse, and say you have other business to attend to."

On the following day the businessman went and stood opposite the shop of the other businessman and while the other businessman protested him standing there, he ignored him. At this moment the royal cortege arrived and when he saw the man standing there,

Al-Buwayhi got off and warmly welcome him back and asked him to join him in his cortege, but he refused. Al-Buwayhi insisted that he come to his house but, as planned, the man refused the offer. Al-Buwayhi asked the man if he needed any help, but the man replied negative. After Al-Buwayhi left the scene, the businessman who had seen what went on between the two came forward and said to the man standing outside his shop, "can you remind me what was the sign of your deposit, since I have forgotten what it was? "

In this way al-Buwayhi managed to help retrieve the man's money from the other (without resorting to brute force or violent means). Needless to say there are countless cases in this respect reported in relevant books, and we only referred to a few of these for the benefit of the reader.

We mentioned in the books al-Hudood 18 and al-Qadhaa' 19 the absolute illegality of torture, and that under no circumstances does it exist in the Islamic system of government. We also mentioned there some of the reported cases and the response and conduct of Prophet Muhammad (S).

One should not think that he could base his approach of uncovering the truth on torture, and then denounce torture when it suits him.

Notes:

18. M. Shirazi, al-Fiqh series, volumes 87-88.

19. M. Shirazi, al-Fiqh series, volumes 84-85.