Nabbāsh (نباش)
Definition
Nabbāsh (Arabic: نباش) refers to a person who plunders or strips the dead. This term specifically denotes those who disturb graves or tombs to steal items buried with the deceased.
Etymology
The Arabic term Nabbāsh (نباش) derives from the root ن-ب-ش (n-b-sh), which means “to dig” or “to unearth.” The term is indicative of actions involving the desecration of graves for theft purposes.
Islamic Jurisprudence
Varied Opinions on Punishment
The punishment for a Nabbāsh has been a subject of debate among classical Islamic jurists:
- Imāms Abū Yūsuf and ash-Shāfiʿī: Both jurists advocate for the amputation of the Nabbāsh’s hand as a form of Hadd punishment (prescribed punishment in Islamic law). This opinion is based on the idea that stealing from the dead holds the same gravity as theft from the living.
- Imām Abū Ḥanīfah and Imām Muhammad: These Hanafi scholars hold a differing view. They argue against the amputation of the hand for such offenses, positing alternative punishments. Their reasoning often draws from the lack of direct harm to living individuals and the specific contexts wherein such punishments could be mitigated.
This divergence reflects the rich tapestry of Islamic legal thought and the pluralism that exists within different schools of law.
Scholarly Resources for Further Study
- “The Hidaya” translated by Charles Hamilton - Provides a comprehensive translation of the classical manual “Hidāyah” where the differing opinions on Nabbāsh are discussed (Vol. ii. p. 94).
- “Islamic Jurisprudence” by Joseph Schacht - Offers a deeper understanding of the foundations and methodology of Islamic law, including the reasoning behind specific punishments.
- “Principles of Islamic Jurisprudence” by Mohammad Hashim Kamali - Explores the principles guiding Islamic legal thought and the interpretations of various jurists.
Takeaways
- The term Nabbāsh (نباش) is critical for understanding certain grave-related offenses within Islamic jurisprudence.
- There is a diversity of opinion regarding appropriate punishments, reflecting the rich and nuanced interpretative traditions in Islamic law.
- Key resources and classical texts remain essential for a more detailed and contextual understanding of these legal deliberations.
Conclusion
The term Nabbāsh (نباش) encapsulates a specific kind of theft involving deceased individuals’ belongings. The varied juristic opinions illuminate the complexity and depth of Islamic legal tradition in addressing moral and legal wrongs. Studying these viewpoints offers valuable insights into the ethical and judicial frameworks within Islam.
