Shari'ah (Islamic Law): Difference between revisions

===Forbidding things which are permitted in most secular countries today===

====Adultery====

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

====Apostasy (rejection of Islam)====

{{Main|Zina|Qur'an, Hadith and Scholars:Stoning}}

{{Main|Islam and Homosexuality}}

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. <ref>[http://en.wikipedia.org/wiki/LGBT_issues_and_Islam#Homosexuality_laws_in_Muslim_countries WikiPedia - Homosexuality laws in Muslim countries]</ref> <ref name="IL">{{cite web |url=http://www.iranian.com/Letters/1999/September/gay.html |title=The Iranian Letters - The New Dark Ages |archiveurl=http://archive.is/20120915/http://www.iranian.com/Letters/1999/September/gay.html |archivedate=2012-09-15 |accessdate=2012-09-15}}</ref> 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.<ref> [http://www.sodomylaws.org/world/malaysia/mynews033.htm Malaysian State Legislature Passes Bill on Strict Islamic Criminal Code] </ref>  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.<ref name="IL" /> 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 .<ref>[http://www.ansamed.info/en/news/[email protected] homosexuals in turkey: istanbul week for gay rights] </ref>

====Lack of hijab/un-Islamic dress====

Islamic law permits:

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:

{{Quote||"We must know that [wife] beating is a punishment in Islamic religious law,....No one should deny this because this was permitted by the Creator of Man, and because when you purchase an electric appliance or a car you get instructions – a catalogue, explaining how to use it. The Creator of Man has sent down this book [the Quran] in order to show man which ways he must choose....We shouldn't be ashamed before the nations of the world who are still in their days of ignorance, to admit that these [beatings] are part of our religious law,....We must remind the ignorant from among the Islamic Nation who followed the [West] that those [Westerners] acknowledge the wondrous nature of this verse,"<ref>{{cite web |url=http://www.wnd.com/news/article.asp?ARTICLE_ID=40276 |title=Muslim cleric: Some wives need to be beaten |archiveurl=http://archive.is/20120915/http://www.wnd.com/news/article.asp?ARTICLE_ID=40276 |archivedate=2012-09-15 |accessdate=2012-09-15}} - WorldNetDaily, September 03, 2004</ref>}}

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.<ref>{{cite web |url=http://edition.cnn.com/2009/WORLD/asiapcf/09/23/afghanistan.women.abuse/index.html |title=Afghan women hiding for their lives |archiveurl=http://archive.is/20120915/http://edition.cnn.com/2009/WORLD/asiapcf/09/23/afghanistan.women.abuse/index.html |archivedate=2012-09-15 |accessdate=2012-09-15}} - CNN</ref> 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'.<ref>{{cite web |url=http://www.stopvaw.org/PAKISTAN_Domestic_violence_endemic_but_awareness_slowly_rising.html |title=PAKISTAN: Domestic violence endemic, but awareness slowly rising |archiveurl=http://archive.is/20120915/http://www.stopvaw.org/PAKISTAN_Domestic_violence_endemic_but_awareness_slowly_rising.html |archivedate=2012-09-15 |accessdate=2012-09-15}} - The Advocates for Human Rights</ref> 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.<ref>http://www.toplumpostasi.net/index.php/cat/9/news/9633/PageName/English </ref>

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.<ref>{{cite web |url=http://www.americamagazine.org/content/article.cfm?article_id=1631 |title=America Magazine: Child Marriage in Afghanistan and Pakistan, by Andrew Bushell; March 11, 2002 |archiveurl=http://archive.is/20120915/http://www.americamagazine.org/content/article.cfm?article_id=1631 |archivedate=2012-09-15 |accessdate=2012-09-15}}</ref><ref>{{cite web |url=http://www.americansforunfpa.org/NetCommunity/Page.aspx?pid=630 |title=Americans For UNFPA: Virtual Slavery: The Practice of “Compensation Marriages” by Net Community of AfUNFPA; last retrieved Monday, 08 December 2008 |archiveurl=http://archive.is/20120915/http://www.americansforunfpa.org/NetCommunity/Page.aspx?pid=630 |archivedate=2012-09-15 |accessdate=2012-09-15}}</ref> 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)<ref name="Ten-fold rise in forced marriages in just four years">{{cite web |url=http://www.dailymail.co.uk/news/article-1196955/Ten-fold-rise-forced-marriages-just-years.html |title=Ten-fold rise in forced marriages in just four years |archiveurl=http://archive.is/20120915/http://www.dailymail.co.uk/news/article-1196955/Ten-fold-rise-forced-marriages-just-years.html |archivedate=2012-09-15 |accessdate=2012-09-15}} - The Daily Mail July 2, 2009</ref> and the United States.<ref>Christine Vendel - [http://www.kansascity.com/105/story/1557578.html?pageNum=2&mi_pluck_action=page_nav#Comments_Container Man charged with statutory rape in ‘marriage’ to 14-year-old girl] - The Kansas City Star, November 8, 2009 </ref>

====Religious discrimination====

{{Main|Qur'an, Hadith and Scholars:Dhimmitude}}

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 (due largely 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 Europeans 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.