Tasliib (crucifixion as a punishment, and the cross as an object)

Tasliib is the known form of execution by crucifixion; the cross is the wooden post or its image. ¹ Crucifixion as a punishment is in principle forbidden for the torture and mutilation it involves. ²

The known form is to raise the person on a post, stretch his hands on a crossbar, tie his feet to the upright, and leave him until he dies; sometimes he is killed first and then exposed for shame. ² Islam forbade it because of the torture, and the hadiths say God has prescribed excellence in all things and forbade mutilation. ²

The exception is set for certain crimes whose penalty is crucifixion, the first being spreading corruption in the land by armed robbery on the highway, by the text in the surah of the Table. ³ Some say crucifixion is a fixed penalty that must be carried out; others that the ruler may choose it or other penalties. ³ For Abu Hanifa, Malik and al-Awza'i the robber is crucified alive and then stabbed; for al-Shafii and Ahmad he is killed first and then crucified. ⁴ The period is three days for Abu Hanifa and al-Shafii, for as long as the matter becomes known for the Hanbalis, and until the body is at risk of change for the Malikis. ⁴

If one kills another deliberately by crucifixion, the victim's heir may seek retaliation in kind according to Malik, al-Shafii and one Hanbali view; Abu Hanifa holds that retaliation is only by the sword, and an heir who retaliates otherwise is disciplined. ⁴

al-Mawardi allowed crucifying a man punished by ta'zir alive for three days only, during which he prays by gesture and repeats the prayer after release; Ibn Farhun reports it, and the Hanbalis allow it with the same care. ^{4 5}

A Muslim may not make a cross, order one made, keep one or display one, on the hadiths of Adi ibn Hatim (may God be pleased with him) and Abu Umama. ⁵ A cross on a garment is disliked, and Ibn Hamdan suggested it may be forbidden. ⁵ A cross in the direction of a worshipper's prayer is disliked. ⁵

There is no amputation for stealing a cross for the Hanafis and Hanbalis, even of gold, since it is an object of wrong and a doubt is found in the intent to break it; Abu Yusuf would amputate if it was in a safe place without doubt. ⁶ Breaking a Muslim's cross carries no liability by agreement; destroying a protected person's cross is disputed: the Hanafis require payment, the Shafiis and Hanbalis do not. ^{6 7}

The protected people may keep their crosses within their churches and homes, on condition that they show none in the roads and markets of the Muslims, as in the pact of Umar with the Christians of Syria. ^{7 8}

A Muslim may not validly sell a cross or hire himself to make one, since the sale and hire of forbidden things is void. ⁸ Ibn Taymiyya held that making a cross is forbidden, paid or unpaid, and that the fee is unclean and should be given in charity. ^{8 9}