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Books and Documents

Islamic Sharia Laws

Malaysian Politics: Riding a Tiger
The Economist
Malaysian Politics: Riding a Tiger
The Economist

It is hard to imagine Hudud, corporal and capital punishments laid down in traditional Islamic law, actually being implemented in Kelantan. But the renewed discussion is harming Malaysia’s reputation as a bastion of moderate Islam....

 
Sifting Muslims from Islamists
Kunwar Khuldune Shahid
Sifting Muslims from Islamists
Kunwar Khuldune Shahid

‘Reclaim Australia’ protests were held in 16 Australian cities on Saturday, and were attended by hundreds of demonstrators, who want to ban anything and everything from the Burqa to Halal certifications, from Shariah law to Islam itself....

It is hard to imagine Hudud, corporal and capital punishments laid down in traditional Islamic law, actually being implemented in Kelantan. But the renewed discussion is harming Malaysia’s reputation as a bastion of moderate Islam....

 

Sharia courts were not enough [yes, U.K. has multiple Sharia courts!] for Muslim extremists like Emwazi – they want every single western citizen, just as Brand, to fully renounce their common sense and submit to the “logic” of Sharia and if they refuse such fascist demands – they will stomp their feet, fly off to La-La-Land [Middle East], join a terrorist organization and behead a bunch of infidels to express how oppressed they are by the westerners’ rejection of Islamism....

 
On Hudud, Theft and Intellectual Property
Hafidz Baharom
On Hudud, Theft and Intellectual Property
Hafidz Baharom

Theft according to the Sharia penal code or Hudud is punishable through the amputation of the right hand if the value of the items meet the value criteria set....

 

"Malaysia as a land was stronger in religion and Islamic scholarship in the past. Yet the scholars then didn't emphasize Hudud as a priority over other elements from within the religion"……

 
Shariat Bill of Pakistan
Waheed Rizvi, Tr. New Age Islam

The modern period is very much different from the age of the Salaf in terms of politics, society and economy. The intellectual and academic level of the people of the modern age is very high and developed in comparison to that of the people of the primitive era. This age demands modernism. The word of God is guide for people till eternity. Therefore, Shariat should be chalked out in the light of the changes and requirements of the modern age. This Ijtihad is very necessary and this is the will of God. The knowledge of the so-called traditional ulema is limited to physical traditions and non-Arab sciences. Their own jurisprudence is in confrontation with the Shariat of Quran. This traditional and communal and sectarian Shariat has nothing to do with the real Islam and the Deen revealed by God. The objective of the implementation of Islam is to remove sects and differences, not nurturing and sustaining sects and groups……

 
From Aasia to Junaid: Blasphemy Devours All
Dr Haider Shah
From Aasia to Junaid: Blasphemy Devours All
Dr Haider Shah

The demon of blasphemy has gone berserk. After targeting the poor, illiterate and deprived sections of our society it has turned its attention towards those who live off the fat of the land. How life suddenly turned topsy-turvy for the stylish morning anchor Shaista Wahidi when a mischief monger from a rival channel actively promoted a blasphemy allegation against her morning show we have already seen in the recent past. So potent is the weapon of the blasphemy charge that the biggest private channel in the country was stabbed and wounded by a handful of hardwired instigators. And now blasphemy has the most interesting victim. The pop singer-turned-cleric-cum-fashion designer Junaid Jamshed is now in the jaws of this demon……

It should be further noted that even the Hadith does not provide support for the death penalty to be applied to a non-Muslim who is guilty of blasphemy, nor is what might constitute such blasphemy even defined. One point about the historical sources of Hadith becomes critical now. Massive Hadith literature arose after the death of the Prophet (PBUH). How long after is a good question. ...

How can traditional Islamic law justify punishing blasphemy with death, given the lack of any mention of earthly punishment at all for this crime in the Quran? The answer is that traditional Islamic law is not derived only from the Quran but also from the Sunnah, as is established by the Hadith. A narrative of prophetic actions, and hence of Sunnah, can also be derived from the Sirah.....

Austria: Civil Law vs. Sharia Law
Soeren Kern
Austria: Civil Law vs. Sharia Law
Soeren Kern

The proposed revisions—which are aimed at cracking down on Islamic extremism in Austria—would regulate the training and hiring of Muslim clerics, prohibit the foreign funding of mosques, and establish an official German-language version of the Koran, among other changes. The government says the modifications would give Muslims legal parity with other religious groups in Austria. But the leaders of Austria's Muslim community counter that the contemplated new law amounts to "institutionalized Islamophobia."....

 

Whose Sharia, however, is a contentious question we do not have many answers to, but it is the heart of the matter. The implications are seriously damaging to the wider interests of Muslims. Invoking religion and using religious rhetoric gives a religious colour to the violent, attention seeking tactics used by these groups. Hence, Islam is perceived as either intrinsically violent or with a dangerous potency to fuel religious violence. Simplified, reductionist stereotypes of Islam and Muslims are strengthened. This complicates the task of peacemakers and arbiters engaged in toning down the precarious polarisation between Islam and the west. The media shows such violence and militancy as essentially religious, not seeing it for its secular/materialist socio-political underpinnings or the raw drive for power to redress perceived disempowerment by fringe groups…..

On Marriage and Divorce
Maulana Wahiduddin Khan
On Marriage and Divorce
Maulana Wahiduddin Khan

Islam allows for only one sort of physical relationship between men and women, and that is in the form of marriage which is announced and publicly known. It is but inevitable that differences will arise between the spouses. According to Islam, the way out is not by seeking to wipe out these differences but to accept them, or seek to reconcile them or for the spouses to continue to live together despite them. Yet, it sometimes happens that the spouses are unable to properly manage their differences and so decide to go in for a divorce. Divorce has been accepted in Islam as something that can be resorted to in extreme circumstances…..

A Fatwa on All Fatwas
Flavia Agnes
A Fatwa on All Fatwas
Flavia Agnes

Constitutional law expert and senior advocate Rajeev Dhavan has expressed concern that the judgment has not explored the terrain of Article 25 — freedom awarded to minorities to follow their religious practices. Both he and advocate Irfan Engineer have questioned the locus standi of the petitioner. Dhavan contends that delivering a judgment without questioning the locus standi of the petitioner of the absurd writ was faulty. Engineer, who is also the director of Centre for Study of Society and Secularism, says that the petition appears to be biased as the petition is directed only against Muslim religious institutions, leaving our similar institutions of other communities…..

Halala: The Most Vile Custom among Muslims
Sohail Arshad, New Age Islam
Halala: The Most Vile Custom among Muslims
Sohail Arshad, New Age Islam

The most worrying aspect of this practice is that the corrupt muftis and mullahs have promoted this un-Islamic practice to satisfy their lust for having sex with multiple women without fear of condemnation or opposition either from their wives or from the society. Such un-Islamic practices of irresponsible sections of the Muslim society should be exposed and stopped to save the lives and honour of women in distress. Halala is an offshoot of another un-Islamic custom, triple Talaq. Quran clearly gives the method for divorce in three months; if that is followed and made mandatory there would be no Halala issue altogether. 

Muslims should not accept divorce as legal until a divorce has been pronounced on three separate occasions. If this were made clear to couple that no matter how many times the husband pronounced divorce the first time it will be considered one divorce, after which coming together is just a matter of sleeping together and so on, this evil custom will come to an end. So this evil is basically a result of a craftily devised Mullah conspiracy to fulfil their own vile desires. That is why they have made triple Talaq acceptable and Halala prevalent....

Demand for the Implementation of Shariah
Demand for the Implementation of Shariah
Khwaja Azhar Abbas, Tr. New Age Islam

Our Shariah had been compiled during the age of Banu Abbas. The conditions then were different from the conditions of today. The situation in the modern day is quite different from the situation in during the days of Banu Abbas. The laws compiled in that age cannot go with the situation of today. In this age, our social relationship has changed, the methods of production have changed, values have changed, the ways of the Deen have changed, and our thoughts have changed. Science has made many discoveries and inventions. TV, Fridge, Air conditioner, cars, railways, air plane and ships have changed our lives….

Getting Consensus on Hudud
Imam Feisal Abdul Rauf
Getting Consensus on Hudud
Imam Feisal Abdul Rauf

...Ijma’, became the primary source of Islamic law after the Quran and the Sunnah; and why the Ijma’ of jurists, scholars and legislature in matters of law became universally accepted determinants of how Islamic laws should be understood and implemented. Our task then is to craft an understanding of Hudud that generates the greatest possible consensus among scholars, jurists, legislatures, and communities, for then we will have generated an understanding that more completely embraces the truth…..

The Supreme Court ruling on Fatwas is mindful not only of the law of the land and the deplorable condition of Indian Muslims but also of religious sensitivities in the country….

 

There is a serious dispute over an issue related to stoning. God has ordained hundred whips for adulterer, male and female, and does not say that if one of them is married his punishment will be death whereas, biologically, the nature of adultery is the same no matter who commits it. But the adversaries of the Quran say that if an older male and older female commit adultery, the punishment is stoning. So, from these few words, stoning can neither be inferred nor proved because in all the Arab literature, nowhere the meaning of Al Sheikh or Al Sheikha is mentioned as married man or married woman, neither in proverbs, nor in idioms nor in poetry or literature. …..

There is a common knowledge that some of the ahadith (pl. form of hadith) are weak and fabricated. The bold and erudite critique Dr. Shabbir Ahmed refers to them as “bizarre, outrageous and awful statements” – an expression they aptly deserved, were they framed today. Their theme can range from a simplistic explanation of the cause of an illness as people thought in that era to highly preposterous positions like those abound on all Islam critical websites and are meticulously listed in Dr. Shabbir Ahmed’s publication, ‘The Criminals of Islam’, featured on this website....

A victory day for the Muslims, a day of deliverance for all others — these diametrically opposed perceptions of the apex court’s ruling on the fatwa and Dar-ul-Quaza traditions of Muslim society are being projected by the Urdu and English media respectively. Neither is warranted by the letter and spirit of the court’s absolutely innocuous judgment.....

The decision to reconcile with her husband a year after their divorce should have made Parveen Cocainwala happy. Instead, it led to fresh trouble. A mufti decreed Parveen would have to wed another man, consummate that marriage and have him divorce her before she could remarry her ex. The order didn't come out of the blue. It was in accordance with a fatwa but Parveen and her mother refused to follow the diktat. "I could not let my daughter be treated like a piece of flesh. We went against the fatwa and got them remarried,"…

Fatawa-e-Alamgiri that was in 300 volumes was the basis for Shariah based judgments in India at the time of Aurangzeb. It remained a book of reference on Islamic issues until the 18th century. But when  Sayyid Muhammad Ameen ibn `Aabideen ash-Shaami shortly known as Al Shaami compiled his voluminous work on Islamic Jurisprudence, Radd al Muhtar in the 18th century, the Islamic scholars preferred Radd al Muhtar to Fatawa-e-Alamgiri because the former was more comprehensive and was in  tune with the problems of the age. Now the jurists and Darul Iftas in India generally consult Radd al Muhtar or Durr al Mukhtar by Al Shaami to resolve issues of Muslims.

Therefore, the argument can be given that in 21st century when life has progressed and the world has changed in many ways, a more comprehensive book on jurisprudence should be compiled that will be in accordance with the life of Muslims in the modern world and will guide on many issues that did not exist in the 18th century but are Muslims have to faced them today. ----

 

Related Article:

On Triple Talaq or Three Pronouncements of Divorce in One Sitting: Judiciary Should Implement the Qur’anic Mode of Talaq

The Maulana's call amounts to rendering judgment in behalf of God. Even Prophet Muhammad (pbuh) had admonished his associate for killing a man who claimed to be a Muslim but the associate did not believe in him.  The Prophet questioned him, how did you know what was in his heart? Indeed, he reiterated that God alone knows what is in one's heart.  No human has a right to judge on one's faith but God, and God is merciful and kind and offers the opportunity to seek forgiveness until the moment of death......

Religious Freedom in Peril
Nicholas Kristof
Religious Freedom in Peril
Nicholas Kristof

In Pakistan, for example, a brutal campaign has been underway against the Shiite minority. Likewise, Iran represses the peaceful Bahai, and similarly Pakistan and other countries brutally mistreat the Ahmadis, who see themselves as Muslims but are regarded as apostates. Pakistani Ahmadis can be arrested simply for saying, “peace be upon you.” All this is a sad index of rising intolerance, for Pakistan’s first foreign minister was an Ahmadi; now that would be impossible.......

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