Shari'ah (Islamic Law): Difference between revisions

Definition

Islamic Laws are made up of Shariah|Shari'ah ('‎شريعة Šarīʿah) and Islamic jurisprudence (فقه‎ Fiqh). Shari'ah is seen as sacred and constitutes the Qur'an and Muhammad's Sunnah (way), which is found in the Hadith and Sira. Islamic jurisprudence is a complimentary expansion and explanation of the former by Islamic jurists and scholars, and the term Shari'ah is also often applied to its body of law.

Shari'ah

Shari'ah not only governs public life, but also many facets of ones personal life. It has laws covering Muslim interactions with non-Muslims, sexuality, food, rituals, leisure activities, dress, hygiene etc. This is due to Muhammad's pivotal role in both the practice of Islam and the formation of Islamic law. He is considered by all Muslims, in Islamic theology, as the uswa hasana (perfect example). Since both the practice of Islam and its laws are based on the same source, they are inseparable from one another.

Shari'ah and Human Rights

Many respected bodies, including the European Court of Human Rights, have concluded that Shari'ah is incompatible with accepted modern standards of human rights.

The Islamic laws on human rights (and their laws in general) are based on the views and actions of (or attributed to) Muhammad. While other systems of law have adapted and changed with the passage of time, the basis of Shari'ah is largely defined by the Qur'an and Hadiths. For traditionalists, to reform it would be to replace or rid of it and Islam along with it. To them, Shari'ah (in terms of the Qur'an and Sunnah) are seen as Allah's unalterable holy laws. To attempt to change it would be considered blasphemous, as it constitutes Bid'ah (innovation in matters of religion), something which was forbidden by Muhammad himself.^[1][2] What can be altered is Islamic jurisprudence, but as that is extracted from, and cannot contradict,^[3][4] For neo-traditionalists, room for reinterpretation of shari'ah is rather limited. Islamic modernists, however, argue that medieval jurisprudence, the traditional authenticity of certain hadiths, and medieval interpretations of the Qur'an can reasonably be questioned and rejected today, particularly with the aid of modern academic methods.

The following is an excerpt taken from a popular fatwa website in objection to the Universal Declaration of Human Rights.

In 1981 the Iranian representative to the United Nations declared that "the Universal Declaration of Human Rights represented a secular interpretation of the Judeo-Christian tradition, which could not be implemented by Muslims."^[5] Due to this conflict between Islamic and Western, liberal notions of human rights, in 1990, the OIC (Organisation of the Islamic Conference) who represent all 57 Muslim majority nations, created the Cairo Declaration on Human Rights in Islam, using Islamic scripture as its sole source.^[6] This declaration has been severely criticized by many, including; the International Humanist and Ethical Union (IHEU), the Association for World Education (AWE) and the Association of World Citizens (AWC) for its incompatibility with human rights, women's rights, religious freedom and freedom of expression, by "imposing restrictions on nearly every human right based on Islamic Sharia law."^[7]

Furthermore, according to the International Commission of Jurists (ICJ):

Separation of 'Church' and State

It is a generally accepted that there is nothing in Islam that could be described as the "separation of 'Church' and State".^[8] At the same time, neo-traditionalists represented by the scholars (ulema) graduating from institutions like the prestigious al-Azhar University in Cairo, the Shi'i seminaries, or the Indonesian Nahdlatul Ulama, see Islam as a theological doctrine, a moral code, and spiritual source, and is not conditional on establishing political government. Loyalty and patriotism towards the modern nation-state that grants them freedom of worship is advocated and a virtue (see History of Islamic Thought). For Islamists however, Shari'ah remains inseparable from the public and the personal aspects of practicing Islam. Islam, unlike many other faiths, was implemented as a theocracy during its founder's lifetime. As the founder and head of the first Islamic state, Muhammad did not differentiate between "rendering unto Caesar what is Caesar's and what is God's unto God", and this is a view reflected in the following quote.

Spread of Shari'ah is Obligatory

The spread of Islam and the Shari'ah is obligatory in medieval jurisprudence. For Salafi-Jihadists in modern times, Jihad is often employed with the aim of forcing governments into implementing Shari'ah on Muslims and non-Muslims alike, thus expanding the Dar al-Islam ('house/domain of Islam'). This, once again, is based on the Sunnah attributed to Muhammad. Following the Farewell Sermon, according to tradition he sent messengers to foreign leaders including; Negus, Chosroes of Persia, and the Eastern Roman Emperor Heraclius, commanding them to submit to his rulership; submit to Islam.^[9] We see the same thing happening today in the modern world (for example) in Somalia^[10] where President Sheikh Sharif Sheikh Ahmed, in February 2009, after two years of fighting gave in to rebel demands to impose Islamic law on the country.

Qur'an, Hadith and Scholars on Shari'ah

Qur'an

In the Quran, the word Shari'ah or its cognates occurs twice as a noun (in Quran 5:48 and Quran 45:18) meaning law or path, and twice as a verb (in Quran 42:13 and Quran 42:21), meaning ordained. A number of other verses speak of the requirement to obey Allah. Hadiths mention the importance of obeying Muhammad and warn against innovation (which may reflect a slightly later period when various sects were emerging).

Hadith

Islamic Scholars

Traditionalist and more so Salafi scholars are wary of innovation, while Islamic modernists are more open to reinterpretation, especially in light of modern academic insights on the meaning of the Quran, skepticism towards hadiths and towards medieval interpretations.

Islamic Laws:

Forbidding things which are permitted in most secular countries today

Islamic laws criminalize or do not accept, among other things:

Adultery

(However, the Islamic definition differs from the secular understanding of the word)

Apostasy (rejection of Islam)

In Islam, the rejection in part of any of the individual pillars or principles of Islam (i.e. apostasy via blasphemy), or discarding the faith as a whole, amounts to apostasy.^[17] Under Islamic law, it is a crime punishable by death. This punishment was prescribed by Muhammad himself who had said "Whoever changed his Islamic religion, then kill him."^[18] Apostasy was one of only three reasons given by him where killing a Muslim is permitted (the other two circumstances being the execution of the adulterer and murderer, as well as those who "spread corruption", presumably of the religious sort).^[19] His wishes were followed by Caliph Abu Bakr, who had many apostates killed during the lengthy “Riddah (apostasy) wars” for their refusal to pay tithe. These people were not rejecting Islam as a whole but only refusing to abide by one of its five pillars (zakat). This also attests to the fact apostasy was a serious crime within early Islam and was not a later innovation. Indeed, Abu Bakr referenced one Qur’anic verse in particular (the verse of the sword - Qur'an 9:5) as the reason for his engaging in war. Various hadith record Muhammad's command being followed by his companions, with atheists,^[18] Christians,^[20] and Jews^[21] being put to death for leaving Islam.^[22]

All four schools of Islamic jurisprudence are in agreement with the death sentence for males (who are of sound mind) guilty of apostasy, with only slight variations on whether to allow the three days grace period.^[23] The Hanafi school of Islamic jurisprudence believe female apostates are not to be killed, but beaten and put under confinement until death or repentance, while the remaining Shafi'i, Maliki, and Hanbali schools all agree the verdict for the female apostate is the same as for the male.^[24] Islamic modernists tend to interpret the Quran to be more open to freedom of religion and reject hadiths relating to apostasy.

Free Speech/Blasphemy

It is a criminal offense in Islam to speak ill of the faith, its Prophet Muhammad, and its holy Scriptures (Qur'an and Hadith). To do so is considered blasphemy, and blasphemy is punishable by death. If a Muslim is doing the criticizing, their actions would constitute apostasy, therefore they too would be liable for the death penalty. For classical scholars, this was deeply rooted within Islamic scripture and the Sunnah of Muhammad, though the reliability of these is questioned by modern academic scholars. According to the sirah literature and hadiths, Muhammad himself had asked his Muslim followers to kill several individuals who were guilty of blaspheming Islam and its Prophet. Muhammad asked Muslims to kill someone named 'Abdullah bin Ubai (bin Salul) for making "evil" statements about him.^[25] He asked Muslims to kill Abu `Afak for making negative remarks about him and Islam.^[26] He asked Muslims to kill both Ka’b bin Ashraf^[27] and Asma Bint Marwan^[28] for writing inflammatory poetry about him and Muslims. Additionally, when Muhammad learned that one of his followers had stabbed and killed his umm walad (concubine with whom he had fathered a child) for making derogatory remarks about Muhammad, he declared that "no retaliation is payable for her blood."^[29] This has effectively set the precedent for all Muslims to follow with such retaliation. No higher authority than ones-self is needed for permission to kill blasphemers. The state of free speech under the reign of the prophet himself is what ultimately formulates Islamic law.

Siraj Khan writes regarding traditional Islamic jurisprudence, "Many instances from the hadith corpus are cited in support of the punishment for blasphemy", giving examples such as Abu Rafi' and Ka'b ibn Ashraf. A handful of hadith were used to qualify the specific circumstances when blasphemy was punishable, in particular those narrating Muhammad's approval (as it was usually interpreted) of a blind man who killed his umm walad (concubine who bore him children) and a man who killed a Jewish woman, in both cases for insulting Muhammad.^[30][31] It is common even in modern times for Islamic scholars to discuss the legitimacy of blasphemy laws by citing the killings of poets and others who had insulted Muhammad,^[32] though there are also those who urge a more critical view of the sources as well as raising issues of legal methodology.^[33] What is not in doubt, though, is that these narratives, taken together as the sirah, have traditionally formed the most authoritative biographical source available on the life of the prophet.

Umar bin Al-Khattab's placed the following restrictions on expression and speech:

In the modern-world, harsh punishments for blasphemy (including death) are still applied in many Islamic nations including; Afghanistan, Egypt, Iran, Jordan, Nigeria, Pakistan, Saudi Arabia, and Sudan. Accusations of blasphemy are becoming more and more frequent in the East, and almost always lead to mob-violence (sometimes by thousands of Muslims) against non-Muslim minorities. For example, this was seen in the August 2009 riots against Christians in Gojra, over an alleged desecration of a Qur'an. Many Christian men, women and even children were burnt alive.^[34] In addition to this, Bibles were burnt and more than a hundred churches and Christian-owned homes were looted and destroyed.^[35][36] While there are numerous examples of individuals being sentenced by Islamic courts to death or imprisonment for blasphemy, they are rarely publicised by Western media outlets. There are, however, more well known examples like the Jyllands-Posten Danish cartoons and the resulting uproar. These cartoons, once again, sparked violence and murder against the minority Christians in the East.^[37] By the end of February 2006 more than 40 people had died^[38] as a result of the angry reaction from Muslims, and its continued republication has resulted in more than 200 deaths and hundreds of injuries.^[39] The November 2007 "Muhammad Teddy bear" blasphemy case likewise led to a protest in Khartoum, Sudan. A protest where ten thousand Muslims^[40][41] carrying swords, knives, and sticks, after Friday prayers, called for the execution^{[42][43][44][45]} of a British teacher for allowing her students to name a teddy bear 'Muhammad.' And also the "Satanic Verses" controversy, which led to thirty-eight deaths^[46] and nationwide bombings of book-stores in the U.K.^[47] and U.S.^[48]

Sexual relations between unmarried consenting adults

Homosexual activity

Practising homosexuality under Islamic law is a punishable crime. How it is dealt with differs between the four mainline schools of Sunni jurisprudence, but what they all agree upon is that homosexual acts are worthy of a severe penalty. In the Hanafi school of thought, the homosexual is first punished through harsh beating, and if they repeat the act, the death penalty is to be applied. As for the Shafi`i school of thought, the homosexual receives the same punishment as adultery (if they are married) or fornication (if not married). This means, that if the homosexual is married, they are stoned to death, while if single, they are whipped 100 times. Hence, the Shafi`i compares the punishment applied in the case of homosexuality with that of adultery and fornication, while the Hanafi differentiates between the two acts because in homosexuality, anal sex [something that is prohibited, regardless of orientation] may also be involved, while in adultery [and fornication], the penis/vagina (which are reproductive parts) are involved. Some scholars [based on the Qur'an and various ahadith] hold the opinion that the homosexual should be thrown from a high building or stoned to death^[49] as a punishment for their 'crime', but other scholars maintain that they should be imprisoned until death. ^[50] Another view is that between two males, the active partner is to be lashed a hundred times if he is unmarried, and killed if he is married; whereas the passive partner is to be killed regardless of his marital status.^[51] Within the context of Islamic thought, hostility towards homosexuality originated from the Islamic prophet Muhammad. Muhammad had stated, “If you find anyone doing as Lot's people did, kill the one who does it, and the one to whom it is done.”^[52] He even went so far as to condemn the “appearance” of homosexuality, when he cursed effeminate men and masculine women and ordered his followers to "Turn them out of your houses."^[53] This ruling on homosexuals was adopted by his successors. The father of Aisha and Muhammad’s first successor, Abu Bakr, had a homosexual burned at the stake. The fourth caliph, Muhammad’s son-in-law Ali, ordered homosexuals to be stoned, and even had one thrown from the minaret of a mosque.^[54]

Exact figures are hard to determine, due to the political turmoil in many of the Islamic states, but homosexual relationships, acts or behaviour are currently forbidden in approximately thirty-six Islamic countries including Afghanistan, Algeria, Bahrain, Bangladesh, Brunei, Djibouti, Egypt, Eritrea, Gambia, Guinea, Guinea Bissau, Indonesia, Iran, Kuwait, Lebanon, Libya, Malaysia, Maldives, Mauritania, Morocco, Sharia areas of Nigeria, Oman, Pakistan, Qatar, Saudi Arabia, Senegal, Sierra Leone, Somalia, Sudan, Syria, Tanzania, Tunisia, Turkmenistan, the United Arab Emirates, Uzbekistan and Yemen, with punishments including anything from a fine up to life imprisonment.^[55][56] Ten of those countries out of the thirty-six impose the death penalty for homosexuals. They are Iran, Mauritania, Nigeria, Pakistan, Saudi-Arabia, Somalia, Sudan, United Arab Emirates, Yemen and some states in Malaysia.^[57] According to the Iranian gay and lesbian rights group Homan, the Iranian government alone has put to death an estimated 4,000 homosexuals since the Islamic revolution of 1979.^[56] In the 'secular' nation of Turkey, persecution and violence against homosexuals [along with Persecution of Non-Muslims|non-Muslim minorities] is on the rise, with eleven gays being killed within the first half of 2009.^[58]

Interfaith Marriage

The Quran forbids believers from marrying those who associate partners with Allah (mushrikun), though after the conquest of Mecca believing men were permitted to marry believing women or women from the People of the Book (Jews and Christians). There is no similar verse explicitly permitting the same for believing women, and they had been explicitly forbidden to marry disbelieving men (kuffar) in a verse about the treaty of Hudaybiyyah. These verses led scholars to conclude that Muslim women may only marry Muslim men. The relevant verses are Quran 2:221, Quran 60:10, and Quran 5:5. Another justification given by scholars was that a non-Muslim husband may compell his believing wife to compromise her faith or their children's faith. The prominent reformist scholar, Dr. Abou El Fadl, a professor of law at the University of California, Los Angeles, notes, “I am not aware of a single dissenting opinion on this, which is rather unusual for Islamic jurisprudence because Muslim jurists often disagreed on many issues, but this is not one of them". Today, there are some dissenting opinions among Islamic modernists, arguing that there is some ambiguity in the relevant verses and using arguments such as that women have greater legal protections in the modern world, though this is very much a minority view. Such marriages are considered void under Islamic law. Moreover, if in a married non-Muslim couple the wife but not the husband converts to Islam, the marriage in annulled. It is also annulled if the husband becomes Muslim but the wife is neither Christian nor Jew. If a Muslim husband abandons his faith, his marriage to his Muslim wife is similarly annulled, and perhaps vice versa.^[59]

Intoxicants and Recreational Games

Intoxicants such as alcohol, marijuana, etc.^[60] and recreational games of chance, such as board games^[61] (including chess),^[62] card games and other forms of gambling are forbidden under Islamic law. Surprisingly, this was not always the case. There was not an outright ban on intoxicants (namely, alcohol) during the earliest phase of Muhammad's career. The Qur'an was allegedly revealed over a period of twenty-three years.^[63] As it stands, the Qur'an is arranged roughly from the longest surah (chapter) to the shortest. When read in a chronological order, there is a gradual shift in attitude towards intoxicants and such. Verses were 'revealed' as the situation in Muhammad's life demanded. In Quran 37:45-47 wine is described as being an aspect of heaven, though non-intoxicating.^[64] A few later surahs give a mixed impression on alcohol. Quran 2:219 tells us that there is some good and some bad in intoxicants and games of chance. On one occasion, followers were attending prayer at the mosque while intoxicated, so Quran 4:43 was revealed warning against drunkeness before prayer. In Quran 13:4, vineyards are praised.^[65] The hadith record that Hamza bin Abdul Muttalib, in a drunken state, mutilated two camels, chopping of their humps and taking out their livers.^[66] When rebuked by Muhammad, he insulted him to his face, saying "Aren't you but the slaves of my father?"^[67] Muhammad then banned the consumption of intoxicants. Even going so far as to refer to alcohol and games of chance as "Satan's handwork" in Quran 5:90-91, one of the last surahs, chronologically. Commenting on chess, he said "He who played chess is like one who dyed his hand with the flesh and blood of swine."^[62] After this revelation, Muhammad ordered beatings^[68] and flogging^[69] for anyone who broke these laws. Repeat offenders were ordered by him to be put to death.^[70] Later, Umar (the second 'rightly guided' Caliph) would order eighty stripes as the mildest punishment.^[71]

In modern times, these laws still stand. There are out-right bans or severe restrictions put on the sale, purchase, and drinking of alcohol by adults in many Islamic majority countries, including: Afghanistan, Bahrain, Bangladesh, Brunei, Iran, Kuwait, Libya, Malaysia,^[72] The Maldives, Morocco, Pakistan, Qatar, Saudi Arabia, Sudan, Tunisia, and The United Arab Emirates.^[73] Punishments vary according to country, but many are consistent with the Sunnah of Muhammad. They range from weeks to months of imprisonment, public flogging, and (in the case of Iran) the death penalty. This prohibition, in many cases, does not exclude the non-Muslim. For example; in June 2009, Catholic chef Sapon D Costa was jailed in Dhaka, Bangladesh, for possession of alcohol.^[74]

Lack of hijab/un-Islamic dress

The Quran refers to the jilbab (overgarment or cloak) and the khimar (piece of cloth that covers the head), and the term hijab came to be applied to both, though today is often applied only to a head covering. The word hijab occurs in Quran 33:53 as a screen or barrier shielding the gaze of vistors from Muhammad's wives at his home. The Sunni and Shi'a schools of jurisprudence agree that a Muslim woman's head must be covered, and her body except for her hands and face in the presence of non-Mahrams, with some disagreement of detail such as whether believing slave women are similarly to be covered. Men are required to cover from the navel to the knees. This is based on their interpretation of certain Quran verses, with details provided by hadiths. Some modern interpretations argue that hijab was only for Muhammad's wives and not applicable to Muslim women today, though verses which mention the jilbab (Quran 33:59) and khimar (Quran 24:31) mention the believing women in general.

Adherence is voluntary in western countries as there are no laws enforcing hijab (though community and family pressure, especially on adolescents living with their parents, often has a similar effect). However, in some Muslim majority countries (such as Iran) hijab in one form or another is legally enforced.^[75][76] In the late 2010s Saudi Arabia loosened some restrictions on the attire of women.

Mingling of unrelated men and women

The traditional view of most Islamic scholars, past and present, prohibits free-mixing between men and women. Some modernists (similarly as with hijab) argue that the Quranic verse relating to segregation Quran 33:53 applied only to Muhammad's wives and that hadiths which expand this to Muslims in general cannot be trusted as authentic. Gender segregation in Saudi Arabia is particularly well-publicised.

In 2010, a Saudi woman who filed harassment claims in Saudi Arabia without being accompanied by a male relative was sentenced to 300 lashes and 18 months in jail. Sawsan Salim lodged a series of complaints in 2007 at government offices and in court in the northern region of Qasim in which she alleged harassment by local officials, the New York-based rights group, Human Rights Watch, said. She was sentenced in January on charges of making “spurious complaints” against government officials and appearing “without a male guardian,” the group said in an e-mailed statement.^[77]

In the 21st century gradual reforms in Saudi Arabia have loosened segregation restrictions in certain settings such as workplaces and restaurants and somewhat reduced the role of guardians.

Also in 2010, Hamas banned men in Gaza from working in women's hair salons because Islamic tradition forbids women from showing their hair to men who are not their husbands or blood relatives.^[78]

Pornography and Prostitution

There is a general consensus that participating in and watching pornography is prohibited in Islam, violating Quranic injunctions regarding indecency and principles of human dignity. Prostitution is considered a form of zina (unlawful sexual activity) and Quran 24:33 warns slave owners not to force their slave women into prostitution.

Somalia has lashed numerous men for watching pornography.^[79]

Music and Art

Though views vary widely today, music, and some other forms of art (including tattooing),^[80] under Islamic law are forbidden. Western music^[81] and movies in particular, have been declared as corruptive influences by Islamic clerics. The vast majority^[82] of Islamic scholars and all four schools of Islamic jurisprudence^[83] are in agreement that listening to, or playing musical instruments, and singing is forbidden. They form this opinion from both the Qur'an and Hadith. The only exception to this rule which can be extracted from the hadith is the permissibility of singing acapella accompanied by a duff (a hand-held one-sided drum) on special occasions (i.e. on weddings, Eid, during jihad, etc.)^[84] This form of song is referred to as a Nasheed (نشيد), and the striking of the duff is permitted for women only^[85] and must not be done in the presence of men.^[86] There are several verses within the Qur'an which have been understood by highly respected early scholars and historians of Islam to be condemning music and singing. For example; in verse 31:6, according to the Tafseer of Ibn Kathir, "idle talks" is a reference to "singing and musical instruments."^[87] While the Qur'anic verses on music and its prohibition may appear vague, the hadith are a lot clearer in regards to this issue. Authentic sources record Muhammad as saying "From among my followers there will be some people who will consider illegal sexual intercourse, the wearing of silk, the drinking of alcoholic drinks and the use of musical instruments, as lawful..."^[88] and upon hearing music, Abu Bakr proclaimed "Musical instrument of Satan!"^[83] The mere fact that Muhammad condemned music in the same breath as other non-Islamic activities, such as illegal sexual intercourse and drinking alcohol, is extremely suggestive and the companions (including the four Caliphs) understood this to mean prohibition.^[89] As Abu Bakr stated, unless performed under the various restrictions outlined in Muhammad's Sunnah, music is considered to be of the devil.

The Islamic prohibition on images is well known, hence the lack of imagery in Islamic religious art. Multiple authentic sources record Muhammad's thoughts on images and representations of living beings, and in several he states passionately "The people who will receive the severest punishment from Allah will be the picture makers."^[90] In another he says "All the painters who make pictures would be in the fire of Hell. The soul will be breathed in every picture prepared by him and it shall punish him in the Hell."^[91] Muhammad refused to enter any home which was decorated with images,^[92] and claimed angels would do the same with any home which contained pictures or dogs.^[93] He once refused to enter the home of one of his wives (Aisha) when he noticed the decorated cushion she had purchased for him to sit on.^[94] In Aisha's own words "I noticed the signs of hatred (for that) on his face!" She turned to Allah and Muhammad for repentance.^[95] On another occasion, Muhammad angrily tore to pieces a carpet, hung by Aisha to screen a door.^[96]

During the Taliban rule of Afghanistan between 1996 and late 2001, all forms of music and television (i.e. moving pictures) were banned. TV sets, radios, etc. were confiscated and burnt, and anyone caught with cassettes in their possession was jailed.^[97] In early 2001, they destroyed the historic 1,400 year old giant (175 and 120 feet tall) Buddha statues which were located in the Bamyan Valleys.^[98] While their actions may be called 'extreme', they were only adhering to a somewhat accurate interpretation of Islamic law based on the Sunnah of their prophet. Just as Muhammad had done before them, when he conquered Mecca and destroyed the 360 pagan idols which were housed at the Ka'aba, the Taliban were only destroying Afghanistan's offensive (to Muslims) pre-Islamic 'pagan' heritage and art. If the Taliban's actions are denounced by apologists as 'un-Islamic', then they must also denounce Muhammad's. The truth of the matter is that their actions were very Islamic.

Permitting things which are forbidden in most secular countries today

Islamic law permits:

Domestic violence

While domestic violence against women is a serious problem all around the world, some of the most vulnerable are Muslim women. Authorities in some Muslim majority countries have been reluctant to acknowledge such issues as problems though efforts have also been made to reduce the problem. It is explicitly endorsed by the Qur'an itself. In a 2004 sermon broadcast on Qatar TV, a Muslim cleric had said the following:

The verse being referred to is 4:34. According to this verse, a man may not only beat his wives in certain circumstances but also beat them simply for the fear of such.^[100] Whilst there are a few restrictions in regards to the practice of wife-beating (beating should be "without severity"^[101], should avoid the face,^[102] breaking bones,^[103] and husbands should not sleep with them after beating them),^[104] they hardly offer comfort to a woman who is abused with the blessings of her god. The mere fact that the husband is allowed to physically abuse his wives (very often with impunity from the law) inevitably leads many to go beyond simply 'beating' them.

Wife beating has been an accepted part of Islam since its inception. In Aisha's own words "I have not seen any woman suffering as much as the believing women. Look! Her skin is greener than her clothes!"^[105] The indifference to her words displayed by Muhammad proved its legitimacy within the laws of Islam. Muhammad reportedly declared, "A man should not be asked why he beats his wife"^[106] Moreover, he not only allowed Abu Bakr to slap his own child-bride Aisha,^[107] but he also struck her in the chest himself,^[108] and according to Aisha it was not something 'symbolic' or a 'gentle tap' on the body; it was painful.

The effects can be easily seen in the Islamic world. A 2009 survey carried out by the United Nations Development Fund for Women found that nearly 90% of Afghan women suffer from domestic abuse.^[109] According to the director of Women for Afghan Women (WAW) "Their mothers are beaten by their fathers. They're beaten by their fathers, by their brothers. It's a way of life." The Pakistan Medical Association found in a 2006 study, that 80% of Pakistani women reported being subjected to some kind of abuse within marriage, and the Progressive Women's Association (PWA) believe up to 4,000 Pakistani women are burnt each year by husbands or in-laws as 'punishment'.^[110] And also in 2006, the Refugee Workers Association Woman’s Group (GIK-DER) found that up to 80% of Turkish women were victims of domestic violence and sexual harassment in 'moderate' Turkey.^[111]

Gender disparity

Gender equality in the modern sense is generally incompatible with Islamic scriptures and jurisprudence. Activists for change have often faced opposition. For example; in the Islamic Republic of Iran, some women's rights activists have criticised the laws governing women. They say women face difficulties in "getting a divorce and criticize inheritance laws they say are unjust and the fact their court testimony is worth half that of a man's", and they also "cannot run for president or become judges."^[112] Many female activists have been flogged and given hash jail sentences, numbering several years, for protesting such laws.^[112] In mid 2007 Ayatollah Ali Khamenei, the supreme Leader of the Islamic Republic of Iran, responded to these allegations of discrimination, with the following:

He also indicated that "some Islamic rules regarding women could change if jurisprudence research led to a new understanding."^[112] As outlined earlier, Islamic jurisprudence can be revised, but as it is extracted from, and cannot contradict, Shari'a (which consists of Allah's divine laws found within the Qur'an and Hadith), the outcome cannot vary very much, and is effectively set in stone when the Qur'an and Hadith give explicit instruction on something (as is the case with wife-beating). What activists are indirectly trying to reform is not Iranian laws, but Islam itself, as each of these women's rights violations are sanctioned by Islamic scripture.

Many inheritance laws are taken straight from the Qur'an. For example, according to Quran 4:11, a male inherits twice that of a female. Its the same concerning the worth of a woman's testimony in court; we find this law in Quran 2:282. Muhammad himself had been recorded by authentic Islamic sources explaining the necessity for such gender disparity within Islamic law, calling women deficient in intelligence:

He further explains that women are not only deficient in intelligence, but also in religion,^[113] and that this has resulted in most of the dwellers of hell being women.^[114] In June 2007, Saudi Cleric Abd Al-Aziz Al-Fawzan, in an attempt to counter criticism aimed at these sayings of Muhammad, had said these ahadith highlight the 'fact' that women's "twisted nature" stems from their "very creation".^[115] These statements, by both Muhammad and Abd Al-Aziz Al-Fawzan, reflect the Islamic belief that Allah made Eve menstruate, suffer pregnancy and become stupid as a punishment for her transgressions in the garden, therefore all women menstruate (deficient in religion) and are created stupid (deficient in intelligence).^[116] Those same authentic sources also record Muhammad condemning women in high social positions (i.e. presidents, judges, etc.), declaring "Never will succeed such a nation that makes a woman their ruler."^[117]

Polygamy

Child marriage

Today, most modern Muslim countries have introduced or raised the minimum age of marriage (though child marriages continue to occur there and in some non-Muslim countries). According to traditonal jurisprudence child marriage is permitted based on precedent set by Muhammad and his companions. This practice is also traditionally understood to be sanctioned by both the Qur'an and the Hadith (though Islamic modernists generally take a different view and are skeptical towards hadiths). In the Qur'an we find this in verse 65:4. This verse deals with the Iddat (العدة‎), which is a waiting period a female must observe before she can remarry. The stipulated waiting period for a divorced girl who has not yet menstruated is three months. The meaning of this verse has been clarified by numerous tafsirs (authoritative Qur'anic commentaries) and many sahih hadith. Muhammad himself has been recorded by authentic Islamic sources explaining the meaning of this verse as "those who never had menses, their prescribed period is three months before puberty."^[118] While some (but definitely not all) Western Muslims have rejected this sanction of child marriage within their holy text, this view generally holds limited sway; it is the Islamic texts themselves which hold the power, and Islamic scholars in the modern era still widely agree that contracting in marriage pre-pubescent girls and consummating such marriages when the girl is deemed physically ready is permitted. For example; the influential Muslim scholar and thinker Syed Abul A'ala Maududi (1903 - 1979) commented on verse 65:4 and those who attempt to deny scripture:

As has already been mentioned, Muhammad committed child marriage, and even according to the most stringent clinical definition of child marriage- the DSM-IV-TR, he was a pedophile. His actions fulfilled all three requirements needed for a positive diagnosis; he had sexual urges/relations towards/with a pre-pubescent child (generally age 13 years or younger) over a period of at least six months, he acted on those sexual urges, and he was over 16 years old and at least 5 years older than the child involved. Muhammad was engaged to Aisha bint Abu Bakr when she was only six years of age and he was fifty-one, and consummated the relationship while she was still pre-pubescent, aged just 9 years old^[119] (the sahih hadiths also tell us she remained pre-pubescent until aged fifteen).^[120] Some have suggested that it was the 'cultural norm' and Aisha was 'offered' in marriage by her father. However, It was Muhammad who approached Abu Bakr, and Abu Bakr originally protested.^[121] However, even if she was offered to Muhammad, this does not alter the fact that as the 'uswa hasana' his actions are forever considered lawful and morally acceptable in Islam. Muhammad even justified his attraction to Aisha with a 'divine' vision from Allah.^[122]

The many historical endorsements of child marriage within the Islamic traditon has been known to hinder reformist efforts to prevent this common practice in some Islamic countries, particularly when Islamic scholars enter the debate:

In the East, girls far below the age of puberty are forcibly married to older persons (sometimes in their 50s and later) for various personal gains by the girls' guardian. Pedophilic Islamic marriages are most prevalent in Pakistan and Afghanistan, followed by other countries in the Middle East and Bangladesh.^[123][124] This practice may also be prevalent to a lesser extent amongst other Muslim communities, and occurs on a much smaller scale among some Muslim communities in Western countries, such as the United Kingdom (where, according to 2009 government figures in the UK, forced teen marriages have seen a ten-fold rise in just four years)^[125] and the United States.^[126]

Religious discrimination

Slavery and concubinage

In the Quran, hadiths and under Islamic laws, slavery is explicitly endorsed.^[127] Islamic scholars today generally hold that slavery is not permitted in the modern context, although not all agree. Saudi Sheikh Saleh Al-Fawzan, a member of the Senior Council of Clerics had said in 2003, those who argue that slavery is abolished are "ignorant, not scholars. They are merely writers. Whoever says such things is an infidel."^[128] Muhammad himself was a slaver. Muhammad owned many male^[129][130] and female^[131] slaves, and also sold, captured, and had raped^[132] his slaves. His wives owned slaves as well. Muhammad generally had no animosity towards slavery,^[133] and at times even discouraged the freeing of slaves.^[134] He once exchanged two black slaves for one Arab.^[135] Whatever else may be the case, Muhammad's actions played a clear role in perpetuating slavery in the Middle East and North Africa by institutionalizing it within Islam, ultimately creating one of the largest trans-continental slave trades in history. The Eastern Islamic slave trade is the longest yet least discussed of the two major trades. Many people, unfortunately are unaware that the Arab slave trade ever existed, even though it began around 650 AD (pre-dating the European slave trade by over a thousand years and, according to most estimates, involved millions more living slaves than the shorter-lived Trans-Atlantic trade - and the death count was astronomically higher as described below). It was only officially abolished (largely due to pressure from the West,^[136] ) in the 1960's. However, the slave trade still exists in the Islamic East. As of July 2009,^[137] there were over half a million slaves in Mauritania alone. In Pakistan, the labor minister of Punjab had said in early 2009 that there are "millions of forced laborers in 'private prisons' across the country",^[138] and the town of Hajja, Yemen, in 2010 is home to another 300 slaves.^[139] Unlike the Europeans who were primarily interested in male slaves for use as agricultural workers, the Islamic slave marker preferred female slaves to use for sexual exploitation as concubines. Similarly unique to the Islamic slave trade were the large number of male slaves who were castrized and sold as eunuchs. Furthermore, putting aside the 1.25 million white European Christians who were captured and sold into the Muslim slave trade between the 16th and 19th century,^[140] the number of innocent Africans who were taken (or died in the process of being taken) as slaves over the last fourteen centuries of Islamic slavery is estimated to be higher than 140 million.^[141] This figure dwarfs the numbers that were taken at the hands of Europeans. And unlike in the West, male slaves (blacks in particular) were commonly castrated,^[142] hence the lack of surviving descendants of black slaves in the Middle-East.

Jihad

Main Article: Jihad See also: Qur'an, Hadith and Scholars:Jihad

Rituals

Islamic Fasting

Main Articles: Adverse Effects of Islamic Fasting and The Ramadan Pole Paradox

Fasting (صوم Sawm) for thirty days every year during the Islamic month of Ramadan is the fourth Pillar of Islam, therefore it is compulsory (الفرض Fard). Fasting lasts from dawn till dusk, and Muslims must abstain from all foods, drinks, sexual intercourse,^[143] and even smoking. Islamic fasting (unlike medical fasting) has numerous adverse effects that have been observed using scientific studies. These include; an increase in irritability^[144][145] and crimes,^{[146][147][148]} effects on health, such as the increased risk of diabetes,^[149] dehydration,^[150] tachycardia,^[151] severe headaches,^[151] dizziness,^[151] nausea,^[151] vomiting^[151] and circulatory collapse.^[151] It can also cause problems with sleep,^[152] daytime drowsiness^[153] and alertness.^[154] All of these factors affect the economy in Muslim majority countries during Ramadan. For example, the productivity of Arab businesses in this period drops by a staggering seventy-eight percent.^[155] Also, as the length of a fast is governed by the rising and the setting of the sun, this can cause a huge problem for those who live close to the North or South poles, since the closer one gets to the poles, the longer our days or nights become. They can eventually extend for up to several months each, making the fourth Pillar of Islam impossible to practice in its purest form without starving to death; this is likely due to Muhammad's ignorance of the global poles. Still, many Islamic scholars have said that even if a fast lasts for up to twenty hours a day, this is something a Muslim must accept.^[156] Persecution of non-Muslims also rises during the month of Ramadan, with people of other faiths often being attacked in Muslim majority countries for eating or drinking in public. On August 2009, In Pakistan, two Christians were arrested and jailed for "desecrating Ramadan" by eating during daylight hours inside a hotel.^[157]

The Hajj

The Hajj (حج) is another obligatory duty, being the fifth Pillar of Islam. It is a Muslim pilgrimage to Mecca, which, like the Ka'aba, the black stone, and many other aspects of Islam, has pagan origins. The pilgrimage takes place in the 12th month of the Islamic calendar, from the 7th to the 13th day of Dhu al-Hijjah.

Performing the Hajj is a physically exerting exercise, and many of the weaker pilgrims have died from it. Furthermore, Since 1987, officially there has been at least 3,315 deaths and another 1,500 injuries resulting from various accidents during the pilgrimage. These figures are extremely conservative, considering (for example) the 1994 stampede in Mecca. Officially only 250 people had died as a result of the stampede, and according to The Saudi Press Agency a total of 829 pilgrims had died during the pilgrimage for a variety of reasons, which included "old age, heart attacks" and "deaths that resulted because of the heavy throngs throwing pebbles on Monday." However witnesses, doctors and a senior Asian diplomat had said the death toll for the individual stampedes alone could have been over 1,000.^[158] Efforts have been made to improve safety.

Punishments Under Islamic Law

The various methods of punishment under Sharia law, for what it deems as crimes, are extracted from both the Qur'an and the Hadith. These punishments are prescribed by Islamic scripture, so they constitute a fundamental part of the Islamic faith.

Amputation

Amputation, is the removal of part or all of a body part enclosed by skin.^[159] It is a prescribed punishment in the Qur'an, and within the context of Islamic law, it refers to the removal of the hands or feet. Today, amputation is used as punishment for theft in Saudi Arabia^[160] and Nigeria, which reintroduced shariah law in 1999^[161], and in Somalia, a court run by an extremist Islamic group sentenced four Somali men in June of 2009 to each have a hand and a leg cut off for allegedly stealing mobile phones and guns.^[162][163] In 2008, the Islamic Republic of Iran saw five double amputations in a single week--five convicted robbers were each sentenced to have their right hands and left feet amputated.^[164] When the Taliban, an Islamic militant group, took over Afghanistan in 1996, within a year, public executions, amputations and stonings were a regular Friday event in Kabul.^[165]

Stoning

Stoning to death (رجم Rajm) is a punishment found in hadiths but not the Quran. According to traditional interpretations of Islamic law, it is a punishment for married persons who engage in unlawful sexual relations (which include homosexual relationships). The criminals "hands are tied behind their backs and their bodies are put in a cloth sack." They are then "buried in a hole, with only the victims heads showing above the ground. If its a woman, she is buried upto her shoulders."^[166] The stones which are to be thrown at the criminal "should not be so large that the offender dies after a few strikes, nor so small as to fail to cause serious injury."^[167] Due to the Islamic laws on rape requiring four male eye witnesses before guilt can be ascertained, many rape victims end up being charged with 'adultery.' As was the case for a 13-year-old girl in Somalia^[168] who in October of 2008 was buried up to her neck and stoned to death in front of more than 1,000 people in a football stadium. She was the victim of gang-rape. Incidents of stonings have been reported in Iraq and Pakistan, and forms a part of Afghan, Iranian, Nigerian, Indonesian, Sudanise, Saudi Arabian, and United Arab Emirate law.^[169] The Qur'an itself does not explicitly mention the act, but there are several Sahih (authentic) Hadith which speak of Muhammad ordering people to be stoned to death. According to hadith, the Qur'anic verses of stoning were written on a piece of paper and were lost when a goat ate the paper.^[170]

Crucifixion

Crucifixion (صلبه Salb) typically refers to the method of execution and/or torture by tying and/or nailing someone to a cross, stake or tree. It can also refer to the method of public display of a body after execution, such as the incident in Saudi Arabia when a convicted killer was beheaded and his body was "crucified".^[171] Whereas Constantine the Great, the first Christian emperor, abolished crucifixion in the Roman Empire in AD 337, out of veneration for Jesus Christ, the most famous victim of crucifixion,^[172] Muhammad perpetuated the practice by declaring it a prescribed punishment in the Qur'an (Quran 5:33). Crucifixion as a method of torture and execution has reportedly been used in Sudan and Iraq^[173][174] and it is still a part of Iran's criminal code.^[175] Hamas, the Islamic governing body of Gaza, reinstated the penalty of crucifixion in 2008.^[176]

External Links

• One law for all - Campaign group against theocratic laws and promoting secularism

References