Shari'ah (Islamic Law): Difference between revisions

==Definition==

==Shari'ah==

====Lying====

Islamic law allows, encourages, and even demands<ref>"...it is permissible to lie if attaining the goal is permissible (N:i.e. when the purpose of lying is to circumvent someone who is preventing one from doing something permissible), and obligatory to lie if the goal is obligatory..." - Reliance of the Traveler, p. 746 - 8.2</ref> lying by its followers when done "for the sake of Islam". Lying for Islam is generally (but inaccurately) referred to as ''taqiyya''. Most will accurately point out that this is not an orthodox Islamic, but a  Shi'ite practice. However, while this doctrine is a Shi'ite doctrine (original designed to help Shi'ite's avoid prosecution at the hands of Sunnis), mainstream Islam accepts the many verses in the Qur'an which condone lying and deception for the sake of Islam,<ref>"''A Muslim does not have to maintain his oath (faith) as long as what's in his heart is true''" - {{Quran|2|225}}</ref><ref>"''Let not the believers Take for friends or helpers Unbelievers rather than believers: if any do that, in nothing will there be help from Allah: except by way of precaution, that ye may Guard yourselves from them. But Allah cautions you (To remember) Himself; for the final goal is to Allah.''" - {{Quran|3|28}}</ref><ref>"''Any one who, after accepting faith in Allah, utters Unbelief,- except under compulsion, his heart remaining firm in Faith - but such as open their breast to Unbelief, on them is Wrath from Allah, and theirs will be a dreadful Penalty.''" - {{Quran|16|106}}</ref> and several classical and contemporary Sunni scholars have validated its place within main-stream Islam, albeit without labeling it as a standalone doctrine called "taqiyya".<ref>"''(unless you indeed fear a danger from them) meaning, except those believers who in some areas or times fear for their safety from the disbelievers. In this case, such believers are allowed to show friendship to the disbelievers outwardly, but never inwardly. For instance, Al-Bukhari recorded that Abu Ad-Darda' said, "We smile in the face of some people although our hearts curse them. Al-Bukhari said that Al-Hasan said, "The Tuqyah is allowed until the Day of Resurre ction. Allah said,''" - [http://www.tafsir.com/default.asp?sid=3&tid=8052 The Prohibition of Supporting the Disbelievers] - Tafsir Ibn Kathir</ref><ref>"''Let not the believers take the disbelievers as patrons, rather than, that is, instead of, the believers — for whoever does that, that is, [whoever] takes them as patrons, does not belong to, the religion of, God in anyway — unless you protect yourselves against them, as a safeguard (tuqātan, ‘as a safeguard’, is the verbal noun from taqiyyatan), that is to say, [unless] you fear something, in which case you may show patronage to them through words, but not in your hearts: this was before the hegemony of Islam and [the dispensation] applies to any individual residing in a land with no say in it.''" - [http://www.altafsir.com/Tafasir.asp?tMadhNo=0&tTafsirNo=74&tSoraNo=3&tAyahNo=28&tDisplay=yes&UserProfile=0&LanguageId=2 Tafsir al-Jalalayn] - Tafsir Al-Suyuti</ref> In the inquisition or miḥna during the Caliphate of al-Ma’mun, a number of Sunni scholars practiced lying, attesting to the Qur’an as having been created despite believing the opposite.<ref>Virani, Shafique. The Ismailis in the Middle Ages: A History of Survival, A Search for Salvation (New York: Oxford University Press), 2007, p.48.</ref> Given these facts, some will go on to attack the strict definition of taqiyya and claim that it is “only allowed to save one's own life” or that its "restricted to its use in war". Consequently, lying outside of trying to save one's life or a war is permitted and even encouraged in Islam (so long as it is for the sake of Islam), but it is not referred to as taqiyya. It is more accurate to simply call it "lying for Islam". In sahih (authentic) hadith, Muhammad admits to being a liar<ref>"''Abu Musa al-Ash'ari reported: I came to Allah's Apostle (may peace be upon him) along with a group of Ash'arites requesting to give us a mount. He (the Holy Prophet) said: By Allah, I cannot provide you with a mount, and there is nothing with me which I should give you as a ride. He (the narrator) said: We stayed there as long as Allah willed. Then there were brought to him (to the Holy Prophet) camels. He (the Holy Prophet) then ordered to give us three white humped camels, We started and said (or some of us said to the others): Allah will not bless us. We came to Allah's Messenger (may peace be upon him) begging him to provide us with riding camels. He swore that he could not provide us with a mount, but later on he provided us with that. They (some of the Prophet's Companions) came and informed him about this (rankling of theirs), whereupon he said: It was not I who provided you with a mount, but Allah has provided you with that. So far as I am concerned, by Allah, if He so wills, I would not swear, but if, later on, I would see better than it, I (would break the vow) and expiate it and do that which is better.''" - {{Muslim|15|4044}}</ref> and advises its acceptable for Muslims to do likewise,<ref>"''Narrated 'Abdur-Rahman bin Samura: The Prophet said, "O 'Abdur-Rahman! Do not seek to be a ruler, for if you are given authority on your demand then you will be held responsible for it, but if you are given it without asking (for it), then you will be helped (by Allah) in it. If you ever take an oath to do something and later on you find that something else is better, then you should expiate your oath and do what is better.''" - {{Bukhari|9|89|260}}</ref> allowing his followers to use deception to silence critics.<ref>Muhammad permitted a Muslim to “say what he likes” i.e. to lie in order to kill Ka'b ibn al-Ashraf, a Jewish poet who wrote an anti-Muslim poem which offended him. This is a clear case of Lying endorsed by the prophet in order to achieve the objectives of Islam, therefore Muslims are permitted to lie and kill in defense of Muhammad, his character and Islam. {{Bukhari|4|52|271}}, and {{Bukhari|5|59|369}}</ref> One of the 99 "holy names" of the Islamic deity is ''Al-Makir'' (the Deceiver),<ref>Harun Yahya includes ''Al-Makir'' in [[Allah the Best Deceiver#Harun_Yahya|his listing]] of Allah's 99 names ([http://www.harunyahya.com/books/faith/names/names04.php#16 Names of Allah/ No. 16 (Al-Makir)]). He in this instance mistranslates it to mean "Planner", but more correctly translates the same word in the same verse elsewhere on his site ([http://www.harunyahya.com/books/faith/school/school2.php The School of Yusuf - Harun Yahya]). [[:File:Makr Lane-Lexicon-page Vol 7-pg. 256.jpg|Lane's Lexicon for ''Makr'']] and the [[:File:Hans Wehr dictionary - page 917.jpg|Hans Wehr dictionary]] both confirm the meaning of the term to be "Deceiver".</ref> and in the Qur'an Allah refers to himself as the 'best deceiver',<ref>Qur'an 3:54: "''And they cheated/deceived and God cheated/deceived, and God (is) the best (of) the cheaters/deceivers.''" - [{{Reference archive|1=http://iknowledge.islamicnature.com/quran/surah/3/lang/englishliteral/|2=2011-08-25}} 3. Ali-Imran - The Family Of 'Imran (سورة آل عمران) - Revealed in Madinah (English: Literal)] - IslamicNature, accessed August 25, 2011</ref><ref>Qur'an 7:99: "''Did they secure God's scheme/deceit ? So no(one) trusts God's scheme/deceit except the nation the losers.''" - [{{Reference archive|1=http://iknowledge.islamicnature.com/quran/surah/7/lang/englishliteral/|2=2011-08-25}} 7. Al-A'raf - The Heights (سورة الأعراف) - Revealed in Makkah (English: Literal)] - IslamicNature, accessed August 25, 2011</ref><ref>Qur'an 8:30: "''And when those who disbelieved deceive/scheme at you to affix/affirm you, or kill you, or bring you out, and they scheme/deceive , and God deceives/schemes and God (is) best (of) the deceivers/schemers.''" - [{{Reference archive|1=http://iknowledge.islamicnature.com/quran/surah/8/lang/englishliteral/|2=2011-08-25}} 8. Al-Anfal - Spoils Of War (سورة الأنفال) - Revealed in Madinah (English: Literal)] - IslamicNature, accessed August 25, 2011</ref><ref>Qur'an 10:21: "''And if We made the people taste/experience mercy from after calamity/disastrous distress touched them, then for them (is) cheatery/deceit/schemes in Our verses/evidences . Say: "God (is) quicker/faster (in) cunning/scheming , that Our messengers write what you cheat/ deceive/scheme.''" - [{{Reference archive|1=http://iknowledge.islamicnature.com/quran/surah/10/lang/englishliteral/|2=2011-08-25}} 10. Yunus - Jonah (سورة يونس) - Revealed in Makkah (English: Literal)] - IslamicNature, accessed August 25, 2011</ref><ref>Qur'an 13:42: "''And those from before them had cheated/deceived/schemed, so to God (is) all the cheatery/deceit/scheme. He knows what every self gains/acquires , and the disbelievers will know to whom (is) the house's/home's end/turn (result).''" - [{{Reference archive|1=http://iknowledge.islamicnature.com/quran/surah/13/lang/englishliteral/|2=2011-08-25}} 13. Ar-Ra'd - The Thunder (سورة الرعد) - Revealed in Makkah (English: Literal)] - IslamicNature, accessed August 25, 2011</ref> and admits to deceiving Muslims<ref>"''When Allah showed them to you in your dream as few; and if He had shown them to you as many you would certainly have become weak-hearted and you would have disputed about the matter, but Allah saved (you); surely He is the Knower of what is in the breasts. And when He showed them to you, when you met, as few in your eyes and He made you to appear little in their eyes, in order that Allah might bring about a matter which was to be done, and to Allah are all affairs returned.''" - {{cite quran|8|43|end=44|style=ref}}</ref> and creating Christianity through deception.<ref>"''And their saying: Surely we have killed the Messiah, Isa son of Marium, the messenger of Allah; and they did not kill him nor did they crucify him, '''but it appeared to them so (like Isa)''' and most surely those who differ therein are only in a doubt about it; they have no knowledge respecting it, but only follow a conjecture, and they killed him not for sure.''" - {{cite quran|4|157|end=158|style=ref}}</ref>

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."<ref>{{cite web |url=http://edition.cnn.com/2009/WORLD/meast/05/30/saudi.arabia.execution/index.html |title=Convicted killer beheaded, put on display in Saudi Arabia - CNN - May 30, 2009 |archiveurl=http://archive.is/20120915/http://edition.cnn.com/2009/WORLD/meast/05/30/saudi.arabia.execution/index.html |archivedate=2012-09-15 |accessdate=2012-09-15}}</ref>  Whereas Constantine the Great, the first Christian emperor, abolished crucifixion in the Roman Empire in ad 337, out of veneration for [[Isa|Jesus Christ]], the most famous victim of crucifixion,<ref>{{cite web |url=http://www.britannica.com/EBchecked/topic/144583/crucifixion |title="crucifixion" - Encyclopædia Britannica Online - 2009 |archiveurl=http://archive.is/20120729/http://www.britannica.com/EBchecked/topic/144583/crucifixion |archivedate=2012-07-29 |accessdate=2012-07-29}}</ref> Muhammad perpetuated the practice by declaring it a prescribed punishment in the Qur'an. Crucifixion as a method of torture and execution is reportedly still being used in Sudan and Iraq, both Islamic countries,<ref>[http://www.assistnews.net/STORIES/2004/s04110038.htm Sudanese slave 'crucified' by his master not unusual in central African nation - Michael Ireland (Chief Correspondent, ASSIST News Service) - November 9, 2004] <BR>[http://www.catholicherald.co.uk/articles/a0000648.shtml 7 Christians mutilated & Crucified During a Series of Raids on Villages - Simon Caldwell (The Catholic Herald) - 25 September 2009] </ref><ref>{{cite web |url=http://www.wnd.com/news/article.asp?ARTICLE_ID=56726 |title=Christians in Iraq, including converts from Islam and people involved in mixed-faith marriages, are being crucified by Muslim terrorists, according to a Dutch member of Parliament studying the war-torn country (WorldNetDaily.com) July 17, 2007 |archiveurl=http://archive.is/20120915/http://www.wnd.com/news/article.asp?ARTICLE_ID=56726 |archivedate=2012-09-15 |accessdate=2012-09-15}}</ref> and it is still a part of Iran's criminal code.<ref>{{cite web |url=http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1108208 |title="Case Study in Iranian Criminal System" - Ehsan Zar Rokh, University of Tehran - 2008 |archiveurl=http://archive.is/20120915/http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1108208 |archivedate=2012-09-15 |accessdate=2012-09-15}}</ref> Hamas, the Islamic governing body of Gaza, reinstated the penalty of crucifixion in 2008.<ref>[http://www.newsmax.com/newsfront/Hamas_bombs_Gaza_Israel/2009/01/09/169756.html Hamas Reinstates Crucifixions of Christians - Nicole Jansezian - January 9, 2009] </ref>

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