q5.6 The fifth degree consists of changing the blameworthy thing with one’s hand, such as by breaking musical instruments, pouring out wine, or turning someone out of a house wrongfully appropriated. There are two rules for this degree:
not to do so when one can get the person to do it himself, i.e. if one can get someone to leave the land he has unjustly taken, one should not drag or push him from it;
and to break the instruments, for example, just enough to obviate their being used for disobedience and no more, or to be careful not to break the bottles when pouring out wine. If one cannot manage except by throwing rocks at the bottles or the like, then one may do so and is not obliged to cover the damages.
If it be wondered whether one may break the bottles or drag someone by the foot out of a wrongfully appropriated house to create fear, as an object lesson to others, the answer is that this is for leaders alone and is not permissible for private individuals because of the obscurity of the decision-making criteria in the matter..
INTIMIDATION
q5.7 The sixth degree is threatening and intimidation, such as by saying, “Stop this or I’ll-”; and when possible this should precede actually hitting the person. The rule for this level is not to make a threat that one cannot carry out, such as saying “or I’ll seize your house,” or “take you wife hostage,” because if one says this seriously, it is unlawful, and if not serious, then one is lying.
ASSAULT
q5.8 The seventh degree is to directly hit or kick the person, or similar measures that do not involve weapons. This is permissible for private individuals provided it is necessary, and that one confines oneself to the minimum needed to stop the reprehensible action and nothing more. When the action has been stopped, one refrains from doing anything further.
FORCE OF ARMS
q5.9 The eighth degree is when one is unable to censure the act by oneself and requires the armed assistance of others. Sometimes the person being reproved may also get people to assist him, and a skirmish may ensue, so the soundest legal opinion is that this degree requires authorization from the caliph (def : o25). since it leads to strife and the outbreak of civil discord. Another view is that there is no need for caliph’s permission.
q6.0 THE ATTRIBUTES OF THE PERSON CENSURING
q6.1 Having presented in detail the rules for someone condemning the wrong, they may be summarized in three traits needed by the person giving the reprimand:
knowledge of the (A: above-mentioned) appropriate circumstances for censure and their definitions, so as to keep within lawful bounds;
godfearingness, without which one might know something but not apply it because of some personal interest;
and good character, the prime prerequisite for being able to control oneself, for when anger is aroused, ;mere knowledge and piousness are seldom sufficient to suppress it if character is lacking.
REDUCING ONE’S DEPENDENCE ON OTHERS
q6.2 Among the rules for commanding the right and forbidding the wrong is to depend less on others and eliminate desire for what they have, so as not to have to compromise one’s principles. A story is told about one of the early Muslims who used to get offal each day from the neighborhood butcher for his cat. He noticed something blameworthy about the butcher, so he returned home and turned out the cat before returning to reprimand the man, who retorted, “From now on. I’m not giving you a thing for your cat,” to which he replied, “I did not censure you till I gave up both the cat and any desire for what you have.” And this is the fact of the matter. One cannot reprimand others as long as one is anxious for two things: the things people give one, and their approval and praise of one.
q6.3 As for politeness in commanding the right and forbidding the wrong, it is obligatory. Allah Most High says,
“Speak unto him gentle words” (Koran 20:44)
(A: this being to Pharaoh, the enemy of Allah, so how then with one’s fellow Muslims?) (Mukhtasar Minhaj al-qasidin (y62), 123-30).
