ANALYSIS: THE RIGHT OF MUHAMMAD TO KILL BANU QURAISHA CHILDREN

I have written in a blog the senseless massacre Muhammad did to banu quraisha children wherein he killed those with pubic hair assuming that they have penal responsibility. 

But in the case of Banu Qurayza the Prophet disclosed to Sa’d b. Mu’adh (on the basis of a revelation) that their age of puberty WAS THE LIMIT OF THEIR PENAL RESPONSIBILITY AS FIGHTING PERSONAl-Shaybani, op. cit., volume 2, page 5

What is penal responsibility?

It regards the acknowledgement that the offender during the commission of the crime has sufficient understanding of what is moral right or wrong as a source say: 

Muhammad killed those warriors with pubic hair probably from 12year old and above. How sure is he that all of these boys have understanding of what is right or wrong, when in fact, as i have shown in the other blog, that science attests that there is a normal condition when even 13yr olds have a late mental development or that is, they are “mentally behind” so that their mental age is that of a 9year old, not understanding right or wrong, therefore not liable of penal responsibility, therefore these boys are innocent?

How did Muhammad know who are liable of penal responsibility? How did muhammad determine who are mentally behind (13yr olds with mental age of 10 or below) from not?

Unless, he is a psychologist. But there are no psychologists in islam during the time of muhammad, bec it was a primitive time then and primitive culture so how did he know who are innocent (mentally behind) and not from boys with pubic hair? How did he truthfully determine who are liable of penal responsibility–boys with proper mental age– for them to be killed?
How?

“Mental age is a concept related to intelligence. It looks at how a specific child, at a specific age—usually today, now—performs intellectually, compared to average intellectual performance for that physical age, measured in years. The physical age of the child is compared to the intellectual performance of the child, based on performance in tests and live assessments by a psychologist. Scores achieved by the child in question are compared to scores in the middle of a bell curve for children of the same age [1]

However, mental age varies according to what kind of intelligence is measured. A child’s intellectual age can be average for his physical age but the same child’s emotional intelligence can be immature for his physical age. In this psychologists often remark girls are more emotionally mature than boys in the tween years. Also a six-year-old child intellectually gifted in Piaget terms, can remain a three-year-old child in terms of emotional maturity.[2] Mental age was once considered a controversial concept.[3]”

“Some countries refuse to set a fixed minimum age, but leave discretion to prosecutors to argue or the judges to rule on whether the child or adolescent (“juvenile”) defendant understood that what was being done was wrong. If the defendant did not understand the difference between right and wrong, it may not be considered appropriate to treat such a person as culpable. Alternatively, the lack of real fault in the offender can be recognized by rulings that dispense mitigated criminal sentences or address more practical matters of parental responsibility by adjusting the rights of parents to unsupervised custody, or by separate criminal proceedings against the parents for breach of their duties as parents.”

“There are many theories of the way in which children develop, proposed by authorities such as Urie Bronfenbrenner,[4] Jerome Bruner,[5] Erik EriksonJerome KaganLawrence KohlbergJean Piaget,[6] and Lev Vygotsky. Although they disagree about how stages of development should be defined, and about the primary influences on development, they agree that a child’s development can be measured as a predictable series of advances in physical, intellectual and social skills which almost always occur in the same sequence, although the rate may vary from one child to another.

When a child falls behind their peers at some stage of development, their teacher may perceive that the child is “backward”. There is strong evidence that this perception may become self-fulfilling: although the child catches up, the teacher may continue to rate their performance poorly, imposing a long-term handicap”

source: copy paste the particular texts in your browser for the possible sources)

Were there psychologists during Muhammad time? None. As psychology started during the early Greeks but using unreliable method therefore there is no way that Muhammad determined who among the captive warrior boys with pubic hair was mentally behind. Therefore no way did they determine innocent boys and possibly killed them. Therefore, Muhammad have possibly killed innocent boys. If you don’t know if one is innocent or not would you kill him? No! Of course. But muhammad did.

An excerpt: (source: https://www.verywell.com/a-brief-history-of-psychology-through-the-years-2795245

As clearly stated, psychology started from the early greeks initially by observation and logic which are unreliable.

Nowadays, as stated earlier, psychjology is by scientific methodologies which was lacking during Muhammad time. If muhammad used observation and logic only, it was unreliable as stated above. Introspection or self-observation as applied by psychologists on themselves to determine mental state such as mental age as stated above is unreliable and unscientific, therefore determining mental age through observation is by itself unreliable. Observation and logic as means is but philosophical not empiric fact. Meaning, there was no qualified person then to determine who among boys with pubic hair is innocent (mentally behind) or not, thus, possibly, Muhammad killed innocent boys (mentally behind) bec he cannot determine mental age, or the age of understanding moral or criminal to have credible judgment, yet still, lacking correct judgment, he massacred the boys. Therefore Muhammad killed by philosophy and not through scientific method of determining mental age lacking during those times.

Would you kill someone even without accurate proof that he is not innocent, or that there is doubt to his guilt or that there is doubt to his penal responsibility?

Of course not. But muhammad did.

Even for example, that Muhammad discerned mental age through primitive ways, its inaccurate to determine that these boys understood moral right or wrong, as it say,

Though god gave courts to judge by discretion nowhere in Islam did Allah ordered Muhammad to determine penal responsibility, nor to kill criminals with pubic hair and spare criminals that don’t have. What if those without pubic hair has advance mental age to be liable of a crime so as science attests likewise? But they were spared? The universal law in Quran never suggested the determination of penal responsibility. Thus in essence, it should have been unislamic!

As a matter of fact, determining mental age as basis to know basic ability is inaccurate for conclusion as the source implied.

Read more info here about Muhammad killing innocent boys, penal responsibility, mentally behind and mental age.

Conclusion: Muhammad killed innocent banu quraisha boys.

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