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Books and Documents

Islamic Sharia Laws

How Sharia Works?
Jahanshah Rashidian
How Sharia Works?
Jahanshah Rashidian

Political Islam refers to early Muslim community, Umma, life under the Prophet Muhammad’s leadership in Medina as the model for Sharia, what of course can inevitably lead to the same totalitarian reign of Muhammad: for example the extremely backward and brutal Taliban, Islamic regime in Iran, al Bashir’s Islamic regime in Sudan… follow Sharia, institutionalizing a set of criteria, mostly penal codes, derived from or inspired by those of 14-century-old clan society of Arabia.  ….

Dead or alive, do make sure that your wife is a real woman and not a ‘tomboy.’ Women who wear trousers, or behave in a ‘manly manner’, according to an edict issued in October 2008 by the National Fatwa Council of Malaysia, are ‘tomboys’ and not women; and therefore Haram (forbidden). So do make sure, O believers, that your wives do not have short hair, wear jeans, or speak too loudly.....

The leaders of the Islamic movement in Banda Aceh rail against the upcoming holidays, which are typical of "Western and Roman culture." Their nature "does not belong to the spirit of Islam." They also issue warnings to Christians, who must "respect" Sharia, and hotels, which must not organise celebrations or balls…..

 

Nevertheless, in as much as Islam and its Syariah laws are admired and should be integrated in our society as it encompasses our very existence in every sense, what baffles and astonishes me is the ignorance displayed by some Malaysian Muslims. In the discovery and continuous learning, I was made aware that Syariah laws are divine and outlines in detail every aspect of life a Muslim must adhere to…..

 
The Principle of ‘Quisas’
Niaz A. Shah
The Principle of ‘Quisas’
Niaz A. Shah

The option of Diyat is an exception to the rule of Quisas (ie life for life) and a reduction in the punishment. The Quranic (2:178) basis for this reduction is ‘mercy and relief’ from Allah. Human equality and the protection of life are overriding aims of Quisas; forgiveness is an exception, and aims at achieving merciful objectives. Therefore, Diyat should be paid in deserving cases in order to achieve merciful objectives. Diyat must not be used to buy the blood of the poor and weak in society, negating the essence of Quisas……

 

Based on individual cases, punishments could include stoning to death for adultery, severing of limbs for theft, and flogging for violations ranging from abortion to alcohol consumption, according to a copy of the code. The code however applies only to Muslims…….

Religious and traditional holiday celebrations foreign to Islam are being canceled in many other cities, towns, and school districts throughout the world where Muslim immigration is on the rise.  Furthermore, when these festivities are not being canceled, they are being renamed, giving new meaning to the term "all-inclusive holidays"….

“What happens in the Qur’an is deeply related to the travail of our time, and we need the Qur’anic word in the face of it. This would be true, of course, if only for the reason that multitudes of mankind, to be guided or persuaded about modernity at all, will need to be guided and persuaded Qur’anically.....Even where secularism has gone far among them or irreligion presses, their judgments and their sanity, their priorities and their ideals, will always be in large measure within the mind of the Qur’an.”....

 

Related Articles:

1. Evolution of Hadith Sciences and Need for Major Paradigm Shift in Role of Hadith Corpus and Scope of Madrasa Education

2.  Defending the Hadith and Its Compilers – The Great Imams Who Are Sometimes Misunderstood and Even Reviled

3.  Universal Dimensions of the Qur'an and Historic Specificity of Islam's Theological Sciences

The discipline of Islamic law has a distinguished place among the Islamic sciences. It contains an entire dictionary of terminology, and a comprehensive methodology to order the lives of Muslims in all its dimensions – ritual worship, commercial transactions, family relations, and social, economic and political matters…..

What is meant by normative Islam are those opinions and views based upon an understanding of the Qur’an and those Prophetic traditions (Sunna) which are widely held to be authentically traced back to the Prophet, supported by the opinions of historical traditional scholars whom the majority of Muslims would consider as representative of Muslim orthodoxy. ….

 
Renewing Qur’anic Studies in the Contemporary World
Nasr Hamid Abu-Zayd
Renewing Qur’anic Studies in the Contemporary World
Nasr Hamid Abu-Zayd

Promoting the notion of a single unified entity called the Ummah (“the Community of Believers”), Muslim fundamentalists ignore the enormous social, cultural and theological diversity that exists both within, and between, the world’s various Muslim-majority states. Even within the Arab Middle East, Saudi Arabia’s official Wahhabi Islam is highly distinctive, characterized by numerous features completely at odds with the traditional Islam historically practiced by most inhabitants of Mecca, Medina and the wider Arab and Islamic world. The Wahhabis, like other Muslim fundamentalists, propagate the naive concept of an ideal and ahistorical Islam,...

The Muslim majority nations for centuries or for decades know no other law than Sharia, at least the last three generations grew up knowing only one thing; Sharia Law, and many of them do not even have an idea of another law. As Americans we know the civil laws, we seldom know about the existence of any other laws, only the Jews and Muslim are aware of the other laws, while Sikhs, Hindus and others fall upon their traditions to resolve their personal conflicts....

 

The charges against Say also cited other tweets he sent, including one – based on a verse attributed to famous medieval poet Omar Khayyam – that questioned whether heaven was a tavern or a brothel, because of the promises that wine will flow and each believer will be greeted by virgins.

 

According to Islamic law, a contractual relationship exists between the Muslim government and the non-Muslim residents of Dar al-Islam. By concluding the contract of dhimmah, the Muslim ruler guarantees the protection of life and property as well as freedom of religion to non-Muslims who agree to abide by the law of the land and to pay Jiziyah (poll tax). The jurists hold that the contract of dhimmah is terminated only by one of the following two acts: first, when a dhimmi becomes permanently settled outside Dar al-Islam;63 and second, when a strong group of non-Muslims having enough mana‘ah rebels against the Muslim government.....

 

The Islamic law on rebellion offers a comprehensive code for regulating the conduct of hostilities in non-international armed conflicts and thus it can be used as a model for improving the contemporary international legal regime. It not only provides an objective criterion for ascertaining existence of armed conflict but also recognizes the combatant status for rebels and the necessary corollaries of their de facto authority in the territory under their control. Thus it helps reduce the sufferings of civilians and ordinary citizens during rebellion and civil wars. At the same time, Islamic law asserts that the territory under the de facto control of the rebels is de jure part of the parent state. It therefore answers the worries of those who fear that the grant of combatant status to rebels might give legitimacy to their struggle…..

 
Till Death Do Them Part
Hina Hafeezullah Ishaq
Till Death Do Them Part
Hina Hafeezullah Ishaq

Islam, while making divorce permissible, held it to be one of the most reprehensible acts. A Muslim man enjoys an absolute, unfettered right of Talaq (divorce) and a woman has the right to Khula — a form of dissolution of marriage — which operates as a bargain....

Open Marriage and Objectives of Shariah
Dr. Wael Shihab
Open Marriage and Objectives of Shariah
Dr. Wael Shihab

Given the above, Islamic marriage aims, among others, at securing happiness, wellbeing, and prosperity of married couples, families, children, and the whole society at large. Happy, stable marriages lead, of course, to sound, strong families and communities. Therefore, preservation of the family, the offspring, and the social order is greatly emphasized and promoted by Islamic Shariah....

 

For me, my atheism holds this broader meaning because I am taking a political stand to oppose mythology and advocate for evidence-based science and critical thinking. My stand is a way of supporting freedom of expression, freedom of religion or no-religion. I stand, indeed, for human rights in order to support equal rights for all citizens despite our gender, age, sexuality, religion or ethnicity....

The perennial Islam basher Robert Spencer has put one more intellectual challenge to the scholars of Islam who vociferously claim that the Quran does not prescribe death for apostasy. They say that nowhere in the Quran there is a verse that directly or indirectly supports the killing of apostates.  All the verses dealing with the Quran explicitly speak of a punishment for apostasy in the hereafter though God....

Sharia Is Not and Cannot Be Immutable
Asghar Ali Engineer
Sharia Is Not and Cannot Be Immutable
Asghar Ali Engineer

Ma’adh was asked how he would govern. Ma’adh said, according to the Quran. The Prophet thereupon asked what he would do if he did not find the solution to the problem in the Quran, to which Ma’adh said he would govern according to the Sunnah. But when the Prophet asked if he could not find it in the Sunnah also, Ma’adh said “ana ajtahidu” (I will exert myself to find the solution). The Prophet thereupon patted his back and told him he was right....

According to Muslim perception, Islam is not only a religion but also a civilization and social order based upon revealed principles. Islam stands out distinctly among the religions of the world in that its punishment and retribution laws are applied under exclusive rules and regulations, dealing with matters related to obligations to Allah and obligations to human kind....

 

Mir Jan’s scheme is so much part of Partisan’s life, that even to think of questioning it is tantamount to questioning Zakat itself, in short, it is blasphemy. And I have been accused of just this, because I discovered the fraud and spoke up against the scheme. Therefore tomorrow, at dawn, I die. I questioned ‘Tadmeer ul Ibad,’ because I was surprised that a Zakat fund could have a name that meant ‘Destruction of Mankind.’...

 
Towards A Progressive Interpretation Of Islam
A. Faizur Rahman
Towards A Progressive Interpretation Of Islam
A. Faizur Rahman

Dr. Lau is absolutely right in her analysis. Indeed, except conditional polygyny, the Koran frowns upon all types of non-monogamous relationships within in and outside marriage. Significantly, polygyny itself finds mention just once (4:3) in the entire Koran. Yet Muslim men have abused it over centuries without appreciating the spirit behind its exceptional sanction, which is clearly contextualised in the historical conditions of the time when a large number of women were widowed and children orphaned as Muslims suffered heavy casualties in defending the nascent Islamic community in Medina.

From the accounts of the holy companions and from various hadiths, it can be fairly established that during the life of the Prophet (pbuh) the practice of talaq-e-ahsan (Quranic process of talaq) was in vogue as the holy Prophet (pbuh) disapproved triple talaq (talaq-e-mughallaza or talaq-e-bid'a). During his life, three or more talaqs at one go were considered one pronouncement. ... The current practice of triple talaq or talaq-e-bid’ah is a sheer violation of the Quranic ordainments and the practices of the holy Prophet (pbuh).

A country governed by rule of law cannot fathom it”. The court ruled that no Dar-ul-Quazas or, for that matter, anybody or institution by any name, shall give verdict or issue Fatwas touching upon the rights, status and obligation of an individual unless such an individual has asked for it and in any event because a fatwa issued does not emanate from any judicial system recognised by law, it is not binding on anyone, including the person who had asked for it, and it cannot be enforced by any process using coercive method. And the act of any person trying to enforce the fatwa by coercive method will be illegal. A historic judgment…..

 
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