Is it permissible to hurt or insult the people who didn’t fast?

Question

In my country, some muslims had went out in the street with sticks and they were looking in the hotels and restaurants for people who didn’t fast and they insulted them in front of the whole country (via social media) by hurting them with the stick and insulted them with bad words, curse and threats.

So my question is, Is this permissible according to the authentic Islamic rulings?

Answer 1

Yes it is as it comes under 'Enjoining Right and Forbidding Wrong' (الأمر بالمعروف والنهي عن المنكر). But it has stages, at first an offending person should be advised softly, and stricter measures should be used if the offender persists, or if it is known that softer measures will not be effective.

ولتكن منكم أمة يدعون إلى الخير ويأمرون بالمعروف وينهون عن المنكر وأولئك هم المفلحون

And let there be [arising] from you a nation inviting to [all that is] good, enjoining what is right and forbidding what is wrong, and those will be the successful.

^{— Quran 3:104}

من رأى منكم منكرا فليغيره بيده فإن لم يستطع فبلسانه فإن لم يستطع فبقلبه وذلك أضعف الإيمان

Whoever among you sees an evil action, let him change it with his hand; if he cannot, then with his tongue; and if he cannot, then with his heart and that is the weakest of faith.

^{— Sahih Muslim , كتاب الإيمان}

الحسبة لها خمس مراتب كما سيأتي أولها التعريف والثاني الوعظ بالكلام اللطيف والثالث السب والتعنيف ولست أعني بالسب الفحش بل أن يقول يا جاهل يا أحمق ألا تخاف الله وما يجري هذا المجرى والرابع المنع بالقهر بطريق المباشرة ككسر الملاهي وإراقة الخمر واختطاف الثوب الحرير من لابسه واستلاب الثوب المغصوب منه ورده على صاحبه والخامس التخويف والتهديد بالضرب ومباشرة الضرب له حتى يمتنع

Hisbah (enjoining good and forbidding evil) has five stages\levels:

1. The first is to let the others know (the right and wrong).
2. The second is to admonish with kind words.
3. The third is to abuse and scold (who do not respond); and I do not mean by abuse to use foul and obscene language, but it is sufficient to say to him: “O ignorant! O foolish! Do you not fear Allah?”
4. The fourth is to prevent by force or a direct act like breaking the musical instruments, spilling over the wine and snatching the silk garment from him who is wearing it, taking the usurped garment and restoring it to its real owner, etc.
5. The fifth is to frighten and threaten to beat and even to actually strike him until he desists from that sin

^{— Ihya’ ‘Uloom al-Deen - [English Translation 1], [English Translation 2]}

Note that it is permitted for a person to not fast in Ramadan because of certain excuses (such as illness), however such a person should eat in private (at home or in a private room) not in a public place like a restaurant. Especially if their excuse is not going to be obvious to observers. And scholars have noted that one who eats in public is to be forbidden using the means of forbidding wrongdoing.

ينكر على من أكل فى رمضان ظاهرا، وإن كان هناك عذر

One who eats openly in Ramadan shall be stopped, even if he has an excuse

^{— Al-Insaaf}

Also note that doing this in most cases is a Fard Kifayah (communal obligation) which means that if some Muslims discharge this duty then it is enough on behalf of all Muslims, but if no one does it then all the Muslims get sin. While some scholars have rather stated that it is Fard 'ayn.

And the task to carry it out applies to all Muslims, not just the authorities. This is evident from the literal wording of the Quranic verse and the Ahadith which address all Muslims. Various scholars have claimed agreement on this.

قال العلماء ولا يختص الأمر بالمعروف والنهي عن المنكر بأصحاب الولايات بل ذلك جائز لآحاد المسلمين

The Ulema have said: Enjoining Right and Forbidding Wrong is not specific to the people in government rather it is even permissible for individual Muslims

^{— Sharah Muslim - Nawawi}

أجمع المسلمون أن المنكر واجب تغييره على كل من قدر عليه

The Muslims are unanimous that wrongdoing must be changed by everyone who has the ability to do it

^{— al-Tamhid - Ibn 'Abd al-Barr}

Answer 2

1. In hotels and restaurants, people can come and eat without publicising to the fasting public and hence maintaining the environment.

2. No one knows the reason why some people are present there. Who knows if they have some reasons or compulsions like if they are traveller, or they are sick, etc.? And enquiring each one to know reasons and about their personal life by force in the open public and posting on social media is not very moral, but a sin.

3. Roaming around cities to find hotels and restaurants just to find someone to curse, threaten or to beat with stick is already an unjust intention.

Conclusion:

The situation to stop and do so as told in this answer applies only when the person eating is doing in open public in front of fasting Muslims with the malicious intention to harass the environment of Ramadhan.