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.

LOGICAL ANALYSIS ON THE MASSACRE OF BANU QURAISHA CHILDREN 🌙

This site, discover the truth, said:

. Were Children Killed?

A myth that has been circulating among orientalists and other critics of Islam is that children of Banu Qurayza were executed along with the men. The reports used for the allegations are the following:

Sunan an-Nasa’i:

It was narrated that Kathir bin As-Sa’ib said: “The sons of Quraizah told me that they were presented to the Messenger of Allah on the Day of Quraizah, and whoever (among them) had reached puberty, or had grown pubic hair, was killed, and whoever had not reached puberty and had not grown pubic hair was left (alive).” (Sunan an-Nasa’i Volume 4, Book 27, Hadith 3459).

Sunan an-Nasa’i:

“It was narrated that ‘Atiyyah said: ‘I was among the prisoners of Quraizah; we were examined, and whoever had grown (pubic) hair was killed, and whoever had not grown hair, he was allowed to live and was not killed.” (Sunan an-Nasa’I volume 5, Book 46, Hadith 4984).

Jami at-Tirmidhi:

“Narrated ‘Atiyyah Al-Qurazi: “We were presented to the Messenger of Allah on the day of (the battle of) Quraizah. Whoever had pubic hair was killed and whoever did not was left to his way. I was of those who did not have pubic hair so I was left to my way.” (Jami` at-Tirmidhi, volume 3, Book 19, Hadith 1584)

Reading the above reports, some claim that kids were among those killed of the Banu Qurayza.

However, what critics fail to mention, or deliberately leave out, is that “pubic hair” was not the only factor used in this incident. We have a report from early Islamic scholar Al-Shaybani (Born: 749 AD, died 805) telling us that revelation was sent down to Prophet Muhammed (p) instructing him that puberty was the limit of their penal responsibility as fighting warriors those who willingly participated in this:

Al-Shaybani’s opinion is different: he points out that there are differences in the age of puberty between various peoples (for instance between Turks and Indians). 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 PERSON” (Al-Shaybani, op. cit., volume 2, page 591) [17]

Some may ask, what is penal responsibility?

Penal responsibility, or criminal responsibility, refers to a person’s ability to understand when the crime was committed. A person is responsible and could go to jail having fully known at the time of the crime what they did, and that they understood the implications.

So besides the prerequisite for pubic hair, the treacherous Banu Qurayza were also checked out for having possessed the requisite state of mind when they committed the treachery.

Hence, those who understood clearly and were aware that what they did were the only ones who were killed. Those who didn’t understand the crime because they don’t know what was right or wrong (even though having pubic hair), were not touched.

To recap, the historical reports already mentioned all quite clearly state that people who were killed for actively been involved in this treachery were:

“Men”

“Warriors”

“Adults”

In fact one of those who witnessed everything explicitly states in a report in Ibn Ishaq that only adults who actively engaged in this treachery were killed;

“Shu’ba b. al-Hajjaj told me from Abdu’l-Malik b. Umayr from Atiya al-Qurzai: The Apostle had ordered that every adult of B. Qurayza should be killed. I was a lad and they found that I was not an adult and so they let me go” [18]

 

So for critics to claim that children were killed is a lie which has no historical basis. Furthermore, there are countless Hadiths where Prophet Muhammed (p) categorically and unequivocally forbade the killing of children:

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LOGICAL ANALYSIS:

Naturally, boys begin to have pubic hair at an average age of 13, meaning, sometimes others have it earlier.

This site, john’s Hopkins medicine, offered the sexual development platform for boys, as stated below:

“Sexual and other physical maturation that happens during puberty is a result of hormonal changes. In boys, it is difficult to know exactly when puberty is coming. There are changes that happen, but they happen gradually and over a period of time, rather than as a single event. While each male adolescent is different, the following are average ages when puberty changes may happen:

Beginning of puberty: 9.5 to 14 years old

First pubertal change: enlargement of the testicles

Penis enlargement: begins approximately 1 year after the testicles begin enlarging

Appearance of pubic hair: 13.5 years old

Nocturnal emissions (or “wet dreams”): 14 years old

Hair under the arms and on the face, voice change, and acne: 15 years old”

So, when Muhammad killed those with pubic hairs, he have possibly killed boys who were probably younger than 13, say, 10-12, along those adolescent from 13 and above.

For him, not to be decisive according to crimes committed but by giving verdict through determination of guilt basing on pubic hairs, it could only be possible to be included in the line up of boys prospective for death penalty if so that these in the line up were all warriors. 10-13 year olds should have been warriors, combatants during the quraisha-muslims wars, for them to be prospects for death penalty, which through presence of pubic hairs has merit their combat efforts against islam with death penalty but spared if so that they have no pubic hairs.

WERE THEY COMBATANTS? ALL BOYS AGING FROM 10-13 WERE COMBATANTS? 

Including the weak-hearted and coward?

How did they determine that these boys were combatants in the war? 

Was there due process?

Did they established that all were warriors by heart, and noone is a coward who preferred shrinking under her mother’s skirt?

NO! THERE WAS NO DUE PROCESS! NO DETERMINATION OF REAL COMBATANTS! NO DETERMINATION OF WHO PREFERRED TO BE INACTIVE!

Islamic sources claimed though that all of those included in the line up, probably from as young as 10 years old were warriors, combatants, which through the presence of pubic hairs were their guilt established as islamic defenders say,

“Penal responsibility, or criminal responsibility, refers to a person’s ability to understand when the crime was committed. A person is responsible and could go to jail having fully known at the time of the crime what they did, and that they understood the implications.

So besides the prerequisite for pubic hair, the treacherous Banu Qurayza were also checked out for having possessed the requisite state of mind when they committed the treachery.

Hence, those who understood clearly and were aware that what they did were the only ones who were killed. Those who didn’t understand the crime because they don’t know what was right or wrong (even though having pubic hair), were not touched.”

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 All these in the line up were warriors guilty of the crime of treachery, and murder, whereas the lack of pubic hair spared them, as muslims say,

Saheeh Bukhari 
Volume 5, Book 58, Number 148: 

Narrated Abu Said Al-Khudri: 
Some people (i.e. the Jews of Bani bin Quraiza) agreed to accept the verdict of Sad bin Muadh so the Prophet sent for him (i.e. Sad bin Muadh). He came riding a donkey, and when he approached the Mosque, the Prophet said, “Get up for the best amongst you.” or said, “Get up for your chief.” Then the Prophet said, “O Sad! These people have agreed to accept your verdict.” Sad said, “I judge that their WARRIORS should be killed and their children and women should be taken as captives.” The Prophet said, “You have given a judgment similar to Allah’s Judgment (or the King’s judgment).” 

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Logically, having pubic hairs is the determinant of the mental age of these boys as an established penal responsibility, whereas, natural physiology, was neglected regarding mental age and age of consent, by assuming through pubic hairs that indeed their mental ability were developed enough to be liable of penal responsibility, the problem is, pubic hairs cannot determine mental age or age of consent, as stated below:

“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)

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As stated by these sources, the mental age of a person cannot be determined by mere pubic hair bec sometimes mental age is younger than the numerical age, thus even having pubic hair, some would actually be behind in mental ability to be liable for penal responsibility, thus pubic hair cannot be determinant of penal responsibility.

Bec of this natural reality, there is necessity to establish first the individual mental capacity of young offenders, thus the necessity of court procedure, with the help of psychologists and specialists. Meaning, due process must be required.

Muhammad did not have due process. He assumed the boys mental capacity as evidence for their guilt through pubic hairs, which, in real science, is inaccurate as some would be mentally younger than their age and sexual development such as growth of pubic hairs.

Conclusively, if penal responsibility through mental capacity was the reason of their punishment, then, muhammad may have killed innocent boys, though having pubic hairs has younger mental capacity thus inevitably not liable for penal responsibility.

Meaning, muhammad possibly killed innocent young boys!

How come?

He do not know or can measure mental age or mental capacity to know who has penal responsibility.

Clearly, your prophet killed boys through guess, hunch and presumption! NO CERTAINTY OF JUDGMENT!

Indeed a model of good conduct!🌙