OPINION: NEGOTIATING WITH BANDITS: What Says Islam? – Hanafi Abdulkadri

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For the past few years, our country (Nigeria) is faced with a new version of terrorism called banditry. Initially, it began with incessant cattle rustling attacks in the northwest. Failure to curb this gave rise to the fulani-herdsmen menace ravaging both the northern and southern hemisphere.

In recent times, the crisis has metamorphosed into human rustling (i.e mass kidnapping) sparing no tribe, religion, or gender. While some have interpreted this trend of insecurity as a “fulanization” agenda, many others view the ugly situation as a reaction to unsettled political promises.

However, regardless of the genesis or background factors; it is important to examine the circumstances surrounding these events and suggest Islamic approach to banditry? Some of the questions begging for answers are: whether it is proper or not – to negotiate with bandits who kill, kidnap, rape and take ransoms on their victims? Is it also proper to sympathize and justify the atrocities of bandits as canvassed by a northern “sheikh”? Do they (bandits) deserve to be granted amnesty and peace-deal like some politicians have attempted?The truth is that none of the above tactics conform with Allah’s injunction on this matter. In Islam, banditry is classified under Irhaab (terrorism) or qat’u al-tareeq (banditry) and both attract the same ruling and punishment in accordance with Qur’an 5: verse 33 which says:

“The recompense of those who wage war against Allah and His Messenger and do mischief in the land is only that they shall be killed or crucified or their hands and their feet be cut off on the opposite sides, or be exiled from the land. That is their disgrace in this world, and a great torment is theirs in the Hereafter.”

Ali bin Abi Talhah said Ibn Abbas رضي الله عنه said about this verse: “He who takes up arms in Muslim land and spreads fear in the fairways and is captured, the Muslim Leader has the choice to either have him killed, crucified or cut off his hands and feet.”More interestingly, Prophet Muhammad ﷺ practically implemented this ruling (in Qur’an 5:33) against bandits of his time.

Al-Bukhari and Muslim recorded that Anas bin Malik رضي الله said: “Eight people of the Ukl tribe came to the Messenger of Allah and gave him their pledge to follow Islam. Al-Madinah’s climate did not suit them and they became sick and complained to Allah’s Messenger. So he said; go with our shepherd to be treated by the milk and urine of his camels. So they went as directed, and after they drank from the camels’ milk and urine, they became healthy, and they killed the shepherd and drove away all the camels. The news reached the Prophet and he sent (men) in their pursuit and they were captured. He then ordered that their hands and feet be cut off (and it was done), and their eyes were branded with heated pieces of iron. Next, they were put in the sun until they died.”

At individual level, friends and relatives are bound to pay ransom to free their kinsmen from captivity, because, sanctity of life takes precedence over sanctity of wealth. Although, it is the primary responsibility of a government to guarantee protection against violations of lives and properties.
If Prophet Muhammad ﷺ who ruled in the desert of Arabia more than fourteen centuries ago was able to track, apprehend and penalize bandits using primitive mechanisms at his disposal; it appears too mysterious to see banditry operations flourishing in the 21st century, in spite of modern surveillance facilities and sophisticated arsenals.

It is high time the Nigerian government deploy full utilization of ICT and whistle-blowing policy to complement the military efforts. Bandits aren’t ghost workers; they rely on informants/saboteurs to operate. In addition, the government will achieve better results by checkmating the proliferation of illegal arms within the country. Also, convicts should be punished openly to serve as deterrents.

As for those who commit this crime (banditry) and repent before they are apprehended, the punishment of killing, crucifixion and cutting the limbs will be waved. This is the practice of the Companions رضي الله عنهم in this regard as it is apparent from the subsequent verse (i.e Quran 5:34) which says: “except for those who (having fled away and then) came back with repentance before they fall into your power; in that case, know that Allah is Oft-Forgiving, Most Merciful.”The wisdom in the above verse is; it gives glad tidings of repentance to criminals and offers them the chance to be ‘born again’. Otherwise, shutting the door of repentance at criminals will only induce them to perpetrate more havoc.

Conclusion:
When government negotiates with bandits and pay ransom to kidnappers; this empowers them in orchestrating their crimes and unleashing more terror. It equally makes it attractive for others to join. Therefore, while the citizens endure the bitter sacrifice, people in authorities must work harder on deploying effective measures that are capable of mitigating crimes. For certainly, Allah will query them about this!

 

Abu Mar’yam Hanafi Abdulkadri
Email: hanafiabdulkadri@gmail.com

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