I think every unbiased person knows role of Jammat during 71. There is no question about it!!
How we tackle the situation will define our values.
After the war was over, prophet Muhammad (PBUH) gave the chance to explain their action in an "Open court". On top of that, he allowed them to pick their own judge and the tribe of bani Qurayza picked a judge (Saa'd bin Muadh) from a "Friendly tribe". However the evidence against them was so strong, the judge gave them punishment for treason. What is MORE important is that, these Jews were punished as per their religious book (Old testament). Let me share a little more from an article with more background information....
From: SyedAslam <Syed.Aslam3@gmail.com>
To: khabor <khabor@yahoogroups.com>; notun Bangladesh <notun_bangladesh@yahoogroups.com>; chottala <chottala@yahoogroups.com>; Sonar Bangladesh <SonarBangladesh@yahoogroups.com>
Sent: Mon, Nov 19, 2012 7:03 am
Subject: [mukto-mona] PM threatens to try War crime Accused under Sharia law ........
Sent: Saturday, November 17, 2012 8:55 AM
To: 'hkbadal@gmail.com'
Cc: 'sumaiya1@yahoo.com'; 'eliasfaridpur@yahoo.com'
Subject: PM threatens to try War crime Accused under Sharia law : Islam's Economic, social and Educational program's should be Implemented first --editorialPM threatens to try War crime Accused under Sharia law : Islam's Economic, social and Educational program's should be Implemented first
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Tuesday, November 20, 2012
Re: [mukto-mona] PM threatens to try War crime Accused under Sharia law ........
This is a good example when a promoter of "Secular" country is happy when "Sharia" can be used (Abused!) to promote his "Political ideology". Jammat-e-islami has been accused to similar thing with their politics.
ALSO, do understand the tribe of Banu Qurayza was NOT punished for simply helping the enemy BUT they also had a peace treaty which was drafted by various tribes of Medina (Also known as Yathrib). The treaty did gave freedom to all non-Muslim tribes to practice their faith. However they were not permitted to aid an attacking enemy (Like most civilized country of 21st century).
They had committed breach of the treaty right at the most critical moment of the war joined hands with the invaders and endangered the entire population of Medina. They could not stand the severity of the siege for more than two or three weeks. At last they surrendered themselves to the Holy Prophet on the condition that they would accept whatever decision Saa'd bin Muadh the chief of the medinite Aus tribe would give. They had accepted Saa'd as their judge because in the pre-Islamic days the Aus and the Quraizah had friendly alliance and they hoped that in view of the past ties he would help them quit Medina as had happened in the case of the Bani Qainuqa and the Bani an-adir before.
The people of the Aus themselves wished that Saa'd treated their previous allies leniently. But Saa'd had just experienced and seen how the two Jewish tribes who had been allowed to leave Medina previously had instigated the other tribes living around Medina and summoned the united front of ten to twelve thousand men against the Muslims. He was also aware how treacherously this last Jewish tribe had behaved right on the occasion when the city was under attack from outside and threatened the safety of the whole of its population.
Saa'd applied to them the Jewish Law of the Old Testament, not as strictly as the case warranted. According to the Jewish Standard, then, the Banu Qurayzah deserved total extermination…of men, women and children (see Deut. Ch.xx:10-18 ). They were living in the territory of medina, treacherously broke the treaty, collaborated with the enemy to exterminate the Muslims from the face of the earth.
.....
I see some people get too happy when they can "Use" or "Abuse" Islam to fulfill their own wishes BUT Islam has example of being fair to enemy as well. They have been warned and other tribes were given much milder punishment for treason and in light of safety for population of Medina, this punishment was given.
My observation tells me most people of Bangladesh are not against fair judgement against any criminals. If someone committed crime and took part in murders, rape, loot etc, they should be punished. That goes for any criminal during 71 and years after 71. Murderers are simply murderers.
Therefore, member Aslam kindly understand that, the tribe of Bani Quraiza was brought into trial for violation of the "Peace treaty" they signed AND the punishment given to them was according to their religious book. Since Islam allows victims more right than what "Jewish law" or most secular laws offer.
So I have nothing to add to what our honorable PM said. Only she knows if she was serious about importing Sharia law in Bangladesh or it was a joke. But the "Monkey dance" by secular enthusiasts (In TV talk shows, cyber forums and regular lives) was a little confusing to me (I thought they did not want any implementation of Sharia in Bangladesh!).
But the example (Of the Jewish tribe in Medina) has NO ties with our current situation. Kindly leave "Islamic history" to people who spent some time learning about it. It would be better that way for the whole nation.
I support justice against all criminals. It does not matter if we are discussing crime during 71 or after.
Shalom!
-----Original Message----- That was a sarcastic remark by the Prime Minister ...........
S A Hannan Shahib,
However, we must comprehend the spirit of Islam and shariah laws for
punishing the collaborators :
After the battle of Trench (Khandak war: غزوة الخن), the collaborators, the
Banu Qurayza leaders, were punished by execution (beheaded) for
"treasonable activities against the community". The spoils of battle,
including the women and children of the tribe were sold to slavery.
.... [Ibne sḥāq's Sīrat rasūl Allāh] .....
So, SA Hannan Shahib seems to admit that, he does not object to
beheading of the Al-Bodor Bahini's organizers and Jamaaati leadership
who collaborated with the genocidal occupation regime of Yahia Khan.
His objection is on the priorities .......
However, the reality is, the Al-Bodor criminals of 1971 are now under trial
in the International Crimes Tribunal in Dhaka for collaborating with Pakistani
forces and committing atrocities during months of violence in 1971. These
are being done according to the laws of the country .....
"The collaborators must be punished" ---- this is the spirit of Shariah
vis-a-vis Islam.
It should also be mentioned here that in 1971, Jamaate Islami and it's student
wing Islami Chattro Shongho (today's Shibir) not only participated in the
collaboration with Pakistan Army in it's crime agaist humanity (Genocide and
mass-rapes):it used Islam as the cover for the justification of those crimes.
As such Jamaati crimes are Crimes Against Islam too ....
Syed Aslam
On Fri, Nov 16, 2012 at 9:58 PM, SAHANNAN <sahannan@sonarbangladesh.com> wrote:
"We want to first tell that Islamic punishments can not be applied selectively. If Shariah punishments have to be introduced it should be for all. Moreover if Prime Minister wants to introduce Shariah she should include it in her party's program and first implement Islam's economic, social and educational program. Islamic law or Shariah does not include only penal laws but also economic, family, commercial, constitutional and international law. The PM has wrongly used the word Qiyas which has nothing to do with penal law. The word would be Qisas which means giving same punishment as offender did; life for life, eye for eye, same injury as was inflicted on the victim."(last para of the editorial)
From: SAHANNAN [mailto:sahannan@sonarbangladesh.com]
Prime Minister Sheikh Hasina yesterday said those attacking law enforcers and trying to hinder the war crimes trial could be tried under Sharia."The more excesses they do, the faster will be the war crimes trials. There will be no let-up in the trials," she said.The government knows how to deal with those who are attacking police and out to save the war criminals. Besides, there are even alternative means like sharia to try them, she said.The prime minister was addressing a meeting of the Awami League Central Working Committee at her Gono Bhaban residence.
.
.
Contacted, noted jurist M Zahir said it would not be possible to try anyone under sharia [Islamic law] straight away. Those attacking the police could be tried under the traditional laws of the land."If the trials have to be done under sharia, the Islamic law has to be passed by parliament," Zahir told The Daily Star, adding that if any law was passed only to punish someone or some people, it would be considered a bad law.
The prime minister in her speech also mentioned qiyas. According to Wikipedia, qiyas is the process of deductive analogy in which the teachings of the Hadith are compared and contrasted with those of the Quran, in order to apply a known injunction to a new circumstance and create a new injunction. Here the ruling of the Sunnah and the Quran may be used as a means to solve or provide a response to a new problem that may arise.
We want to first tell that Islamic punishments can not be applied selectively. If Shariah punishments have to be introduced it should be for all. Moreover if Prime Minister wants to introduce Shariah she should include it in her party's program and first implement Islam's economic, social and educational program. Islamic law or Shariah does not include only penal laws but also economic, family, commercial, constitutional and international law. The PM has wrongly used the word Qiyas which has nothing to do with penal law. The word would be Qisas which means giving same punishment as offender did; life for life, eye for eye, same injury as was inflicted on the victim.
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