Shari'ah (Islamic Law): Difference between revisions

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'''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.

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.<ref>"''A'isha reported Allah's Messenger (may peace be upon him) as saying: He who innovates things in our affairs for which there is no valid (reason) (commits sin) and these are to be rejected.''" - {{Muslim|18|4266}}</ref><ref>"''Narrated Aisha: Allah's Apostle said, "If somebody innovates something which is not in harmony with the principles of our religion, that thing is rejected.''" - {{Bukhari|3|49|861}}</ref> What can be altered is Islamic jurisprudence, but as that is extracted from, and cannot contradict,<ref>Khalid Baig - [{{Reference archive|1=http://www.albalagh.net/general/bidah.shtml|2=2011-11-01}} Sunnah and Bid'ah] - Albalagh, May 5, 2001</ref><ref>[{{Reference archive|1=http://www.alahazrat.net/islam/concept-of-bidah-in-islam.php|2=2011-11-01}} Concept of Bidah in Islam] - Alahazrat International Islamic Web</ref> 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.

===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-Harb and Dar al-Islam (the Abodes of War and Peace)|Dar al-Islam]] ('house/domain of Islam'). This, once again, is based on the Sunnah attributed to Muhammad. Following the [[The Farewell Sermon|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.<ref>"''....I [Muhammad] invite you [Emperor Heraclius] to Islam (i.e. surrender to Allah), embrace Islam and you will be safe....''" - {{Bukhari|4|52|191}}</ref> We see the same thing happening today in the modern world (for example) in Somalia<ref>{{cite web |url=http://edition.cnn.com/2009/WORLD/africa/02/28/somalia.sharia/index.html |title=Somali president bends to rebel demand for sharia law |archiveurl=http://archive.is/20120915/http://edition.cnn.com/2009/WORLD/africa/02/28/somalia.sharia/index.html |archivedate=2012-09-15 |accessdate=2012-09-15}} - CNN, February 28, 2009</ref> 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.

{{Quote|{{Bukhari|9|89|251}}|Narrated Abu Huraira: Allah's Apostle said, "Whoever obeys me, obeys Allah, and whoever disobeys me, disobeys Allah, and whoever obeys the ruler I appoint, obeys me, and whoever disobeys him, disobeys me.}}

{{Quote|{{Bukhari|9|89|258}}, see also {{Bukhari|4|52|203}}|Narrated 'Abdullah: The Prophet said, "A Muslim has to listen to and obey (the order of his ruler) whether he likes it or not, as long as his orders involve not one in disobedience (to Allah), but if an act of disobedience (to Allah) is imposed one should not listen to it or obey it.}}

{{Quote|{{Muslim|18|4266}}|'A'isha reported Allah's Messenger (may peace be upon him) as saying: He who innovates things in our affairs for which there is no valid (reason) (commits sin) and these are to be rejected.}}

{{Quote|{{Bukhari|3|49|861}}|Narrated Aisha:  

{{Main|Adultery}}  

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.<ref>[{{Reference archive|1=http://www.alsunna.org/Questions-about-Apostasy-Blasphemy.html|2=2011-02-25}} Questions about Apostasy (Blasphemy)] - Al Sunna.org</ref> 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."<ref name="atheist">"''Narrated 'Ikrima: Some Zanadiqa (atheists) were brought to 'Ali and he burnt them. The news of this event, reached Ibn 'Abbas who said, "If I had been in his place, I would not have burnt them, as Allah's Apostle forbade it, saying, 'Do not punish anybody with Allah's punishment (fire).' I would have killed them according to the statement of Allah's Apostle, 'Whoever changed his Islamic religion, then kill him.'"''" - {{Bukhari|9|84|57}}</ref> 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).<ref>"''Narrated 'Abdullah: Allah's Apostle said, "The blood of a Muslim who confesses that none has the right to be worshipped but Allah and that I am His Apostle, cannot be shed except in three cases: In Qisas for murder, a married person who commits illegal sexual intercourse and the one who reverts from Islam (apostate) and leaves the Muslims."''" - {{Bukhari|9|83|17}}</ref> 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,<ref name="atheist"></ref> Christians,<ref>"''Ali was informed about a group of Christians who had become Muslims and then became Christians again. Ali arrested them, summoned them before himself and enquired about the truth of the matter. They said: "We were Christians. Then we were offered the choice of remaining Christians or becoming Muslims. We chose Islam. But now it is our opinion that no religion is more excellent than our first religion. Therefore we have become Christians now." Hearing this, Ali ordered these people to be executed and their children enslaved.''" - Quoted from "{{cite web |url=http://www.answering-islam.org/Hahn/Mawdudi/index.htm |title=The Punishment of the Apostate According to Islamic Law |archiveurl=http://archive.is/20120915/http://www.answering-islam.org/Hahn/Mawdudi/index.htm |archivedate=2012-09-15 |accessdate=2012-09-15}}", by Abul Ala Maududi</ref> and Jews<ref>"''Mu'adh asked, "Who is this (man)?" Abu Muisa said, "He was a Jew and became a Muslim and then reverted back to Judaism." Then Abu Muisa requested Mu'adh to sit down but Mu'adh said, "I will not sit down till he has been killed. This is the judgment of Allah and His Apostle (for such cases) and repeated it thrice. Then Abu Musa ordered that the man be killed, and he was killed. Abu Musa added, "Then we discussed the night prayers and one of us said, 'I pray and sleep, and I hope that Allah will reward me for my sleep as well as for my prayers.''" - {{Bukhari|9|84|58}}</ref> being put to death for leaving Islam.<ref>For further details, see: [[Qur'an, Hadith and Scholars:Apostasy]]</ref>

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.<ref>"''....So, on that day, Allah's Apostle got up on the pulpit and complained about 'Abdullah bin Ubai (bin Salul) before his companions, saying, 'O you Muslims! Who will relieve me from that man who has hurt me with his evil statement about my family? By Allah, I know nothing except good about my family and they have blamed a man about whom I know nothing except good and he used never to enter my home except with me.' Sad bin Mu'adh the brother of Banu 'Abd Al-Ashhal got up and said, 'O Allah's Apostle! I will relieve you from him....''" - {{Bukhari|5|59|462}}</ref> He asked Muslims to kill Abu `Afak for making negative remarks about him and Islam.<ref>"''....The apostle said, "Who will deal with this rascal [Abu `Afak] for me?" Whereupon Salim b. Umayr, brother of B. Amr b. Auf, one of the "weepers", went forth and killed him.....''" -  "Sirat Rasul Allah" by Ibn Ishaq page 675</ref> He asked Muslims to kill both Ka’b bin Ashraf<ref>"''....Allah’s Apostle said, ‘Who would kill Ka’b bin Al-Ashraf as has harmed Allah and His Apostle? Muhammad bin Maslama (got up and) said, ‘I will kill him.’....''" - {{Bukhari|3|45|687}} </ref> and Asma Bint Marwan<ref>"''....When the apostle heard what she had said he said, "Who will rid me of Marwan's daughter [Asma Bint Marwan]?" `Umayr b. `Adiy al-Khatmi who was with him heard him, and that very night he went to her house and killed her.....''" -  "Sirat Rasul Allah" by Ibn Ishaq page 675, 676</ref> 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.'''"<ref>"''....So I took a dagger, put it on her belly and pressed it till I killed her. Thereupon the Prophet (peace be upon him) said: Oh be witness, no retaliation is payable for her blood.....''" - {{Abudawud|38|4348}}</ref> 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.<ref>Siraj Khan. "Blasphemy against the Prophet", in Muhammad in History, Thought, and Culture (editors: Coeli Fitzpatrick and Adam Hani Walker). ISBN 978-1610691772 pp. 62-63</ref><ref>These two killings involve a repeated topos as mentioned in the section below on modern scholarship.</ref> 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,<ref>For example Iffat khalid & Shamana Munawar, [https://jiscnet.com/journals/jisc/Vol_3_No_1_June_2015/7.pdf Blasphemy law of Islam-Misconceptions and Fallacy], Journal of Islamic Studies and Culture (2015), Vol. 3, No. 1, pp. 48-57 DOI: 10.15640/jisc.v3n1a7</ref> though there are also those who urge a more critical view of the sources as well as raising issues of legal methodology.<ref>For example the al-Mawrid institute of reformist scholars in Pakistan [https://www.al-mawrid.org/Question/60a204a3923f0b12074d877f/punishment-of-blasphemy-based-on-a-hadith-narrative Punishment of blasphemy based on a hadith narrative] - al-mawrid.org, August 2020</ref> 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.

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<ref>”So when Our punishment came upon the people of Lut, We turned the city upside down and showered them with stones of baked clay, one after another.{{Quran|11|82}}</ref> as a punishment for their 'crime', but other scholars maintain that they should be imprisoned until death. <ref>[http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503545556 IslamOnline.net - Death Fall as Punishment for Homosexuality] </ref> 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.<ref>See the chapter on "hudud" in Sharaya and Sharh Lum'a also al-Khu'i, Takmilah, p. 42-44.</ref> 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.”''<ref>{{Abudawud|38|4447}}</ref> 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."''<ref>{{Bukhari|7|72|774}}</ref> 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.<ref>[http://97.74.65.51/readArticle.aspx?ARTID=20145 Islam's Love-Hate Relationship with Homosexuality] - Serge Trifkovic - FrontPageMag, January 24, 2003 </ref>  

Intoxicants such as [[alcohol]], marijuana, etc.<ref>"''....The Messenger of Allah (PBUH) replied: "Every intoxicant is khamr, and every khamr is haram."....“Khamr is what befogs the mind.” These are the words spoken by 'Umar ibn al-Khattab from the pulpit of the Prophet (PBUH),....Drugs such as marijuana, cocaine, opium, and the like are definitely included in the prohibited category of khamr. It is well known that the use of such drugs affects the sensory perceptions, making what is near seem distant and what is distant seem near; that their use produces illusions and hallucinations, so that the real seems to disappear and what is imaginary appears to be real; and that drug usage in general impairs the faculty of reasoning and decision-making....''" - [Alcohol and Intoxicants in Islam] - Muslim Bridges</ref> and recreational games of chance, such as board games<ref>"''....the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever plays games of dice has disobeyed Allah and His Messenger."....''" - {{Muwatta|52|2|6|}}, See also {{Muwatta|52|2|7|}}</ref> (including chess),<ref name="chess">"''....Allah's Apostle (may peace be upon him) said: He who played chess is like one who dyed his hand with the flesh and blood of swine....''" - {{Muslim|28|5612}}, See also {{Muwatta|52|2|7|}}</ref> 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.<ref>Living Religions: An Encyclopaedia of the World's Faiths, Mary Pat Fisher, 1997, page 338, I.B. Tauris Publishers,</ref> 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-range|37|45|47}} wine is described as being an aspect of heaven, though non-intoxicating.<ref>"''...No bad effect is there in it, nor from it will they be intoxicated....''" - {{Quran-range|37|45|47}}</ref> 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.<ref>"''....and gardens of vines and fields sown with corn, and palm trees.... Behold, verily in these things there are signs for those who understand!....''" - {{Quran|13|4}}</ref> The hadith record that Hamza bin Abdul Muttalib, in a drunken state, mutilated two camels, chopping of their humps and taking out their livers.<ref>"''....the humps of my two she-camels cut off and their flanks cut open and some portion of their livers was taken out. When I saw that state of my two she-camels, I could not help weeping. I asked, "Who has done this?" The people replied, "Hamza bin Abdul Muttalib....''" - {{Bukhari|4|53|324}}</ref> When rebuked by Muhammad, he insulted him to his face, saying "Aren't you but the slaves of my father?"<ref>"''....Hamza looked at Allah's Apostle and then he raised his eyes, looking at his knees, then he raised up his eyes looking at his umbilicus, and again he raised up his eyes look in at his face. Hamza then said, "Aren't you but the slaves of my father?" Allah's Apostle realized that he was drunk, so Allah's Apostle retreated....''" - {{Bukhari|4|53|324}}</ref> 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-range|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."<ref name="chess"></ref> After this revelation, Muhammad ordered beatings<ref>"''....Allah's Apostle (may peace be upon him) gave a beating with palm branches and shoes [for drinking wine],....''" - {{Muslim|17|4226}}</ref> and flogging<ref>"''....Allah's Apostle (may peace be upon him). He gave him forty stripes with two lashes.....''" - {{Muslim|17|4226}}</ref> for anyone who broke these laws. Repeat offenders were ordered by him to be put to death.<ref>"''....The Prophet (peace be upon him) said: If he is intoxicated, flog him; again if he is intoxicated, flog him; again if he is intoxicated, flog him if he does it again a fourth time, kill him....''" - {{Abudawud|38|4469}}</ref> Later, Umar (the second 'rightly guided' Caliph) would order eighty stripes as the mildest punishment.<ref>"''....Thereupon Abd al-Rahman b. Auf said: My opinion is that you fix it as the mildest punishment. Then 'Umar inflicted eighty stripes.....''" - {{Muslim|17|4228}}</ref>  

Though views vary widely today, [[music]], and some other forms of [[Qur'an, Hadith and Scholars:Pictures and Images|art]] (including tattooing),<ref>"''....The Prophet forbade the acceptance of the price of a dog or blood, and also forbade the profession of tattooing, getting tattooed....''" - {{Bukhari|3|34|299}} See also {{Bukhari|3|34|440}}, {{Bukhari|7|72|829}}, and {{Bukhari|7|72|845}}</ref> under Islamic law are forbidden. Western music<ref>{{cite news|url=http://www.abc.net.au/news/stories/2007/08/05/1996913.htm?section=entertainment|title=Iran arrests 230 in raid on illegal rock concert|publisher=ABC News (Australia)|date=4 August 2007 |archiveurl=http://archive.is/20120717/http://www.abc.net.au/news/stories/2007/08/05/1996913.htm?section=entertainment |archivedate=2012-07-17}}</ref> and movies in particular, have been declared as corruptive influences by Islamic clerics. The vast majority<ref>{{cite web |url=http://www.themuslimwoman.com/beware/MusicisHaram.htm |title=Music is Haram |archiveurl=http://archive.is/20120915/http://www.themuslimwoman.com/beware/MusicisHaram.htm |archivedate=2012-09-15 |accessdate=2012-09-15}} - The Muslim Women</ref> of Islamic scholars and all four schools of Islamic jurisprudence<ref name="Music 2"></ref> 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.)<ref>"''....innocent singing, unaccompanied by musical instruments other than the daff(small hand drum) is permissible are specified in the Sunnah. These are: 1) Jihaad. During jihad and other struggles in the way of Allah, battle songs are of great moral and spiritual benefit to the fighters....''" - {{cite web |url=http://islamicarticles.wordpress.com/music/ |title=Music - BEATING THE DUFF |archiveurl=http://archive.is/20120915/http://islamicarticles.wordpress.com/music/ |archivedate=2012-09-15 |accessdate=2012-09-15}} - Islamic Articles</ref> This form of song is referred to as a '''Nasheed''' (نشيد), and the striking of the duff is permitted for women only<ref>"''....What is mustahabb (recommended) is to beat on the daff [simple hand drum] at weddings. This is mustahabb for women only, in order to announce the wedding and to distinguish it from fornication....As for men, it is not permissible for them to play any kind of musical instrument, whether at weddings or on any other occasion....''" - {{cite web |url=http://islamicarticles.wordpress.com/music/ |title=Music - BEATING THE DUFF |archiveurl=http://archive.is/20120915/http://islamicarticles.wordpress.com/music/ |archivedate=2012-09-15 |accessdate=2012-09-15}} - Islamic Articles</ref> and must not be done in the presence of men.<ref>"''....According to the Sunnah, females can sing and beat the duff on the two ‘Eids (specific Muslim celebrations) and to announce a Muslim wedding amongst themselves, and their voices shouldn’t be raised loud enough or near enough to be heard by the men.''" - {{cite web |url=http://islamicarticles.wordpress.com/music/ |title=Music - BEATING THE DUFF |archiveurl=http://archive.is/20120915/http://islamicarticles.wordpress.com/music/ |archivedate=2012-09-15 |accessdate=2012-09-15}} - Islamic Articles</ref> 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."<ref>{{cite web |url=http://www.islamqa.com/en/ref/5000/music |title=Ruling on music, singing and dancing - Fatwa No. 5000 |archiveurl=http://archive.is/20120915/http://www.islamqa.com/en/ref/5000/music |archivedate=2012-09-15 |accessdate=2012-09-15}} - Islam Q&A</ref> 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..."<ref>[{{Bukhari-url-only|7|69|494}}v Sahih Bukhari 7:69:494v] </ref> and upon hearing music, Abu Bakr proclaimed "Musical instrument of Satan!"<ref name="Music 2">{{cite web |url=http://www.islamicawakening.com/viewarticle.php?articleID=312 |title=Music |archiveurl=http://archive.is/20120915/http://www.islamicawakening.com/viewarticle.php?articleID=312 |archivedate=2012-09-15 |accessdate=2012-09-15}} - Shariffa Carlo - Islam Awakening</ref> 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.<ref>"''....The companions unanimously agreed upon the prohibition of music and song but allowed particular exceptions specified by the authentic sunnah....Also, the four Khalifas, the fuqahaa among the saahabah such as Ibin Abaas, Ibin Umar, and Jaabir bin Abdullah as well as the general body of saahabah.''" - Al Qurtubi's Tafseer, vol 14, pp51-52, and Al-Aaloosi's Tafseer, Roohul Ma'aani, vol. 21, pp. 66-68)</ref> 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."<ref>"''....We were with Masruq at the house of Yasar bin Numair. Masruq saw pictures on his terrace and said, "I heard 'Abdullah saying that he heard the Prophet saying, "'The people who will receive the severest punishment from Allah will be the picture makers."....''" - {{Bukhari|7|72|834}}</ref> 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."<ref>"''....I am going to narrate to you what I heard from Allah's Messenger (may peace be upon him). I heard him say: 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....''" - {{Muslim|24|5272}}</ref> Muhammad refused to enter any home which was decorated with images,<ref>"''....Fatimah said to Ali: Follow him [Muhammad] and see what turned him back. I (Ali) followed him and asked: What turned you back, Apostle of Allah? He replied: It is not fitting for me or for any Prophet to enter a house which is decorated....''" - {{Abudawud|27|3746}}</ref> and claimed angels would do the same with any home which contained pictures or dogs.<ref>"''....I came to 'A'isha and said to her: This is a news that I have received that Allah's Apostle (may peace be upon him) had said: Angels do not enter the house in which there is a picture or a dog,....''" - {{Muslim|24|5254}}</ref> 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.<ref>"''....Narrated 'Aisha (the wife of the Prophet): I bought a cushion having pictures on it. When Allah's Apostle saw it, he stopped at the gate and did not enter....''" - {{Bukhari|7|72|844}}</ref> In Aisha's own words "I noticed the signs of hatred (for that) on his face!" She turned to Allah and Muhammad for repentance.<ref>"''....I noticed the signs of hatred (for that) on his face! I said, "O Allah's Apostle! I turn to Allah and His Apostle in repentance! What sin have I committed?" He said, "What about this cushion?"....''" - {{Bukhari|7|72|844}}</ref> On another occasion, Muhammad angrily tore to pieces a carpet, hung by Aisha to screen a door.<ref>"''....I took a carpet and screened the door with it. When he (the Holy Prophet) came back he saw that carpet and I perceived signs of disapproval on his face. He pulled it until it was torn or it was cut (into pieces)....''" - {{Muslim|24|5254}}</ref>

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.<ref>{{cite web |url=http://www.rawa.org/music.htm |title=The censorship of music in Afghanistan |archiveurl=http://archive.is/20120630/http://www.rawa.org/music.htm |archivedate=2012-06-30 |accessdate=2012-06-30}} - RAWA, April 24, 2001</ref> 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.<ref>[http://www.hazara.net/hazara/geography/Buddha/buddha.html A Profile On Bamyan Civilization] - Ishaq Mohammadi </ref> 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.

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.<ref>"''....and (as to) those on whose part you fear desertion, admonish them, and leave them alone in the sleeping-places and beat them....''" - {{Quran|4|34}}</ref> Whilst there are a few restrictions in regards to the practice of wife-beating (beating should be "without severity"<ref>"Fear Allaah regarding women for you have got them under Allah’s security and have the right to intercourse with them by Allaah’s word. It is a duty from you on them not to allow anyone whom you dislike to lie on your beds but if they do beat them, but not severely. You are responsible for providing them with food and clothing in a fitting manner." - [https://sunnah.com/abudawud/11/185 Sunan Abu Dawud 10:1900]</ref>, should avoid the face,<ref>"''....you should give her food when you eat, clothe her when you clothe yourself, do not strike her '''on the face'''....''" - {{Abu Dawud|11|2137}}</ref> breaking bones,<ref>"''....that you should not break her bones or leave a bruise....''" - al-Tabari, 5:68-69</ref> and husbands should not sleep with them after beating them),<ref>"''.... The Prophet said, "None of you should flog his wife as he flogs a slave and then have sexual intercourse with her in the last part of the day."''" - {{Bukhari|7|62|132}}</ref> 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!"<ref>"...''so when Allah's Apostle came, 'Aisha said, "I have not seen any woman suffering as much as the believing women. Look! Her skin is greener than her clothes!"...''" - {{Bukhari|7|72|715}}</ref> 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"<ref>"It was narrated that Ash'ath bin Qais said: "I was a guest (at the home) of 'Umar one night, and in the middle of the night he went and hit his wife, and I separated them. When he went to bed he said to me: 'O Ash'ath, learn from me something that I heard from the Messenger of Allah" A man should not be asked why he beats his wife, and do not go to sleep until you have prayed the Witr."' And I forgot the third thing."" - {{Ibn Majah||3|9|1986}}</ref> Moreover, he not only allowed Abu Bakr to slap his own child-bride Aisha,<ref>"''....Abu Bakr (Allah be pleased with him) then got up went to 'A'isha (Allah be pleased with her) and slapped her on the neck, and 'Umar stood up before Hafsa and slapped her saying: You ask Allah's Messenger (may peace be upon him) which he does not possess....''" - {{Bukhari|1|7|330}}</ref> but he also struck her in the chest himself,<ref>"''...He said: Was it the darkness (of your shadow) that I saw in front of me? I said: Yes. He struck me on the chest which caused me pain, and then said: Did you think that Allah and His Apostle would deal unjustly with you?...''" - {{Muslim|4|2127}}</ref> and according to Aisha it was not something 'symbolic' or a 'gentle tap' on the body; it was painful.  

{{Quote|{{Bukhari|3|48|826}}|Narrated Abu Said Al-Khudri: The Prophet said, "Isn't the witness of a woman equal to half of that of a man?" The women said, "Yes." He said, "This is because of the deficiency of a woman's mind."}}

He further explains that women are not only deficient in intelligence, but also in religion,<ref>"''....Isn't it true that a woman can neither pray nor fast during her menses?" The women replied in the affirmative. He said, "This is the deficiency in her religion."....''" - {{Bukhari|1|6|301}}</ref> and that this has resulted in most of the dwellers of hell being women.<ref>"''....Then he passed by the women and said, "O women! Give alms, as I have seen that the majority of the dwellers of Hell-fire were you (women)." They asked, "Why is it so, O Allah's Apostle ?"....''" - {{Bukhari|1|6|301}}</ref> 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".<ref>[Islam: Women are "deficient in intelligence" (video)] - MEMRI</ref> 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).<ref>"''His Lord called out to him: Adam, is it from Me that you are fleeing? Adam replied: No, my Lord, but I feel shame before You. When God asked what had caused his trouble, he replied: Eve, My Lord. Whereupon God said: Now it is My obligation to make her bleed once every month, as she made this tree bleed. I also must make her stupid, although I created her intelligent (halimah), and must make her suffer pregnancy. Ibn Zayd continued: Were it not for the affliction that affected Eve, the women of this world wound not menstruate, and they would be intelligent and, when pregnant, give birth easily.''" - Al-Tabari 1:280</ref> 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."<ref>"''....When the Prophet heard the news that the people of the Persia had made the daughter of Khosrau their Queen (ruler), he said, "Never will succeed such a nation as makes a woman their ruler."....''" - {{Bukhari|9|88|219}}</ref>

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<ref>"''....the Prophet married her when she was six years old and he consummated his marriage when she was nine years old...." - {{Bukhari|7|62|64}}''</ref> (the sahih hadiths also tell us she remained pre-pubescent until aged fifteen).<ref>"''....Dr Muhsin Khan in the official text published in Islamic University - Al-Medina Al-Munauwara, Saudi Arabia says in two related ahadith that Aisha had not reached puberty when she was 15 years old....''"</ref>  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.<ref>"''....The Prophet asked Abu Bakr for 'Aisha's hand in marriage. Abu Bakr said "But I am your brother."....''" - {{Bukhari|7|62|18}}</ref> 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.<ref>"''....You were shown to me twice (in my dream) before I married you. I saw an angel carrying you in a silken piece of cloth, and I said to him, 'Uncover (her),' and behold, it was you. I said (to myself), 'If this is from Allah, then it must happen.....''" - {{Bukhari|9|87|140}}</ref>

In the Quran, hadiths and under Islamic laws, slavery is explicitly endorsed.<ref>"''....I married a virgin woman in her veil. When I entered upon her, I found her pregnant. (I mentioned this to the Prophet). The Prophet (peace be upon him) said: She will get the dower, for you made her vagina lawful for you. The child will be your slave....''" - {{Abudawud|11|2126}}</ref> 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."<ref>Shaikh Salih al-Fawzan's "affirmation of slavery" was found on page 24 of "Taming a Neo-Qutubite Fanatic Part 1" when accessed on February 17, 2007 http://www.salafipublications.com/sps/downloads/pdf/GRV07000</ref> Muhammad himself was a slaver. Muhammad owned many male<ref>{{cite web |url=http://answering-islam.org./BehindVeil/btv5.html |title=Slavery in Islam: Chapter 5 |archiveurl=http://archive.is/20120915/http://answering-islam.org./BehindVeil/btv5.html |archivedate=2012-09-15 |accessdate=2012-09-15}} - Answering Islam</ref><ref>"Zad al-Ma'ad" by Ibn Qayyim al-Jawziyya Part 1, Pages 114-116</ref> and female<ref>"Zad al-Ma'ad" by Ibn Qayyim al-Jawziyya Part 1, Pages 114-116</ref> slaves, and also sold, captured, and had raped<ref>"''....Waqidi has informed us that Abu Bakr has narrated that the messenger of Allah (PBUH) had sexual intercourse with Mariyyah [his Coptic slave] in the house of Hafsah....''" - Tabaqat v. 8 p. 223 Publisher Entesharat-e Farhang va Andisheh Tehran 1382 solar h ( 2003) Translator Dr. Mohammad Mahdavi Damghan</ref> his slaves. His wives owned slaves as well. Muhammad generally had no animosity towards slavery,<ref>"''....Allah's Apostle sent someone to a woman telling her to "Order her slave, carpenter, to prepare a wooden pulpit for him to sit on."....''" - {{Bukhari|1|8|439}}</ref> and at times even discouraged the freeing of slaves.<ref>"''...."Do you know, O Allah's Apostle, that I [Maimuna bint Al-Harith] have manumitted my slave-girl?" He said, "Have you really?" She replied in the affirmative. He said, "You would have got more reward if you had given her (i.e. the slave-girl) to one of your maternal uncles.''" - {{Bukhari|3|47|765}}</ref> He once exchanged two black slaves for one Arab.<ref>"''....Allah's Apostle (may peace be upon him) said: Sell him to me. And he bought him for two black slaves,....''" - {{Muslim|10|3901}}</ref> 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,<ref>Brunschvig. [http://www.brill.nl/m_catalogue_sub6_id7560.htm 'Abd; Encyclopedia of Islam] </ref> ) in the 1960's. However, the slave trade still exists in the Islamic East. As of July 2009,<ref>Nick Meo - [{{Reference archive|1=http://www.telegraph.co.uk/news/worldnews/africaandindianocean/ghana/5805113/Half-a-million-African-slaves-are-at-the-heart-of-Mauritanias-presidential-election.html|2=2011-04-05}} Half a million African slaves are at the heart of Mauritania's presidential election] - Telegraph, July 12, 2009</ref> 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",<ref>E. Benjamin Skinner - [{{Reference archive|1=http://www.time.com/time/world/article/0,8599,1932723,00.html|2=2011-04-08}} Pakistan's Forgotten Plight: Modern-Day Slavery] - TIME, October 27, 2009</ref> and the town of Hajja, Yemen, in 2010 is home to another 300 slaves.<ref>Jamal al-Jaberi - [{{Reference archive|1=http://www.google.com/hostednews/afp/article/ALeqM5hqh_clC3ngbax_X84fY4c7uGQihw|2=2011-04-05}} 'Slaves' in impoverished Yemen still dream of freedom] - AFP, July 20, 2010</ref> 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,<ref>Christian Slaves, Muslim Masters:  White Slavery in the Mediterranean; the Barbary Coast and Italy 1500 - 1800, by Robert Davis, Palgrave MacMillan, 2004</ref> 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.<ref>[{{Reference archive|1=http://www.christianaction.org.za/articles_ca/2004-4-TheScourgeofSlavery.htm|2=2011-03-20}} The Scourge of Slavery] - Christian Action, 2004 Vol 4</ref> 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,<ref>Islam's Black Slaves, by Ronald Segal, Farrar, New York, 2001</ref> hence the lack of surviving descendants of black slaves in the Middle-East.

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_of_Islam|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.  

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.