Shari'ah (Islamic Law): Difference between revisions

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

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 punistment is attributed in hadiths to 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|||6922|darussalam}}</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|||6878|darussalam}}</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|||6923|darussalam}}</ref> being put to death for leaving Islam.<ref>For further details, see: [[Qur'an, Hadith and Scholars:Apostasy]]</ref>

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.<ref>Silas - {{cite web |url=http://www.answering-islam.org/Silas/apostasy.htm |title=The Punishment for Apostasy from Islam/ Jurisprudence - E. Agreement of the Leading Mujtahids (Jurists) |archiveurl=http://archive.is/20120915/http://www.answering-islam.org/Silas/apostasy.htm |archivedate=2012-09-15 |accessdate=2012-09-15}} - Answering Islam</ref> 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.<ref>'Abdurrahmani'l-Djaziri - {{cite web |url=http://www.light-of-life.com/eng/ilaw/l5721et1.htm#p19 |title=The Penalties for Apostasy in Islam According to the Four Schools of Islamic Law |archiveurl=http://archive.is/20120915/http://www.light-of-life.com/eng/ilaw/l5721et1.htm%23p19 |archivedate=2012-09-15 |accessdate=2012-09-15}} - "The Case of the Female Apostate" (Pg. 19)</ref> Islamic modernists tend to interpret the Quran to be more open to freedom of religion and reject hadiths relating to apostasy.

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.

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.<ref>{{cite web |url=http://www.asianews.it/index.php?l=en&art=15943&size=A |title=Eight Christians burned alive in Punjab |archiveurl=http://archive.is/20120915/http://www.asianews.it/index.php?l=en&art=15943&size=A |archivedate=2012-09-15 |accessdate=2012-09-15}} - Asia News, August 2, 2009</ref> In addition to this, Bibles were burnt and more than a hundred churches and Christian-owned homes were looted and destroyed.<ref>{{cite web |url=http://www.asianews.it/index.php?l=en&art=15941&size=A |title=Muslims burn 75 Christian homes and 2 churches in Punjab |archiveurl=http://archive.is/20120915/http://www.asianews.it/index.php?l=en&art=15941&size=A |archivedate=2012-09-15 |accessdate=2012-09-15}} - Asia News, August 1, 2009</ref><ref>[http://jubileecampaign.wordpress.com/2009/08/05/50-more-homes-burned-in-gojra/ 50 More Homes Burned in Gojra] - Jubilee Campaign, August 5, 2009 </ref> While there are [[Islam and Freedom of Speech#Practical_Application_in_Islamic_Countries|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 [[Islam and Freedom of Speech#The_Muhammad_Cartoons_Controversy|resulting uproar]]. These cartoons, once again, sparked violence and murder against the minority Christians in the East.<ref>"[http://www.int.iol.co.za/index.php?set_id=1&click_id=24&art_id=vn20060208033427794C349514 Murder of priest 'religious revenge']". Independent Online. 2006-02-08 </ref> By the end of February 2006 more than 40 people had died<ref>{{cite web |url=http://www.britannica.com/bps/additionalcontent/18/25734739/JOURNALISM-FOR-INTEGRATION-THE-MUHAMMAD-CARTOONS |title=JOURNALISM FOR INTEGRATION - THE MUHAMMAD CARTOONS |archiveurl=http://archive.is/20120915/http://www.britannica.com/bps/additionalcontent/18/25734739/JOURNALISM-FOR-INTEGRATION-THE-MUHAMMAD-CARTOONS |archivedate=2012-09-15 |accessdate=2012-09-15}} - Encyclopedia Britannica</ref> as a result of the angry reaction from Muslims, and its continued republication has resulted in more than 200 deaths and hundreds of injuries.<ref>{{cite web |url=http://www.foxnews.com/story/0,2933,547572,00.html |title=Yale Removes Cartoons of Prophet Muhammad From Forthcoming Book, Citing Fears of Violence |archiveurl=http://archive.is/20120915/http://www.foxnews.com/story/0,2933,547572,00.html |archivedate=2012-09-15 |accessdate=2012-09-15}} - Fox News, September 08, 2009</ref> The November 2007 "[[Islam and Freedom of Speech#The_Muhammad_Teddy_Bear_Blasphemy_Case|Muhammad Teddy bear]]" blasphemy case likewise led to a protest in Khartoum, Sudan. A protest where ten thousand Muslims<ref>{{cite web |url=http://www.dailymail.co.uk/news/article-498689/Teddy-teacher-Lawyer-expects-pardoned-visit-British-Muslim-peers.html |title=Teddy teacher: Lawyer expects her to be pardoned after visit from British Muslim peers |archiveurl=http://archive.is/20120915/http://www.dailymail.co.uk/news/article-498689/Teddy-teacher-Lawyer-expects-pardoned-visit-British-Muslim-peers.html |archivedate=2012-09-15 |accessdate=2012-09-15}} - Mail Online, December 01, 2007</ref><ref name="teddy bear protest">{{cite web |url=http://www.guardian.co.uk/world/2007/nov/30/uk.schoolsworldwide |title=Jailed teddy row teacher appeals for tolerance |archiveurl=http://archive.is/20120801/http://www.guardian.co.uk/world/2007/nov/30/uk.schoolsworldwide |archivedate=2012-08-01 |accessdate=2012-08-01}} - Allegra Stratton - Guardian, November 30, 2007</ref> carrying swords, knives, and sticks, after Friday prayers, called for the execution<ref name="Calls in Sudan for Execution">{{cite web |url=http://www.nytimes.com/2007/12/01/world/africa/01sudan.html |title=Calls in Sudan for Execution of British Teacher |archiveurl=http://archive.is/20120915/http://www.nytimes.com/2007/12/01/world/africa/01sudan.html |archivedate=2012-09-15 |accessdate=2012-09-15}} - The New York Times, November 30, 2007</ref><ref>{{cite web |url=http://www.newser.com/story/12982/armed-mob-wants-british-teacher-dead.html |title=Armed Mob Wants British Teacher Dead |archiveurl=http://archive.is/20120915/http://www.newser.com/story/12982/armed-mob-wants-british-teacher-dead.html |archivedate=2012-09-15 |accessdate=2012-09-15}} - Sam Gale Rosen - Newser, November 30, 2007</ref><ref>[http://news.yahoo.com/s/ap/20071130/ap_on_re_af/sudan_british_teacher Calls in Sudan for execution of Briton] - Mohamed Osman - Associated Press, November 30, 2007  </ref><ref>[http://news.yahoo.com/s/afp/20071130/wl_uk_afp/sudanbritainreligiondiplomacydemo Khartoum demo calls for teacher to be shot] - Charles Onians - Agence France Press, 30 November 2007 </ref> of a British teacher for allowing her students to name a teddy bear 'Muhammad.' And also the "[[Islam and Freedom of Speech#The_Satanic_Verses_Controversy|Satanic Verses]]" controversy, which led to thirty-eight deaths<ref>Dr. Koenraad Elst - {{cite web |url=http://koenraadelst.voiceofdharma.com/articles/misc/rushdie.html |title=Afterword: The Rushdie Affair's Legacy |archiveurl=http://archive.is/20120710/http://koenraadelst.voiceofdharma.com/articles/misc/rushdie.html |archivedate=2012-07-10 |accessdate=2012-07-10}}</ref> and nationwide bombings of book-stores in the U.K.<ref>Pipes, (1990) p.169-171</ref> and U.S.<ref>{{cite web |url=http://www.nytimes.com/1989/05/09/arts/riverdale-press-to-be-honored.html |title=Riverdale Press To Be Honored |archiveurl=http://archive.is/20120915/http://www.nytimes.com/1989/05/09/arts/riverdale-press-to-be-honored.html |archivedate=2012-09-15 |accessdate=2012-09-15}} - New York Times - Tuesday, May 9, 1989</ref>

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>{{Abu Dawud||4462|darussalam}}</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|||5886|darussalam}}</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||2260|reference}}, 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|||3091|darussalam}}</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|||3091|darussalam}}</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||1706a|reference}}</ref> and flogging<ref>"''....Allah's Apostle (may peace be upon him). He gave him forty stripes with two lashes.....''" - {{Muslim||1706a|reference}}</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....''" - {{Abu Dawud||4484|darussalam}}</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||1706c|reference}}</ref>