Sharia

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Sharia (Arabic: شريعة transliteration: Sharī‘ah) is the body of Islamic law. The term means "way" or "path"; it is the legal framework within which the public and some private aspects of life are regulated for those living in a legal system based on Muslim principles of jurisprudence.

Sharia deals with many aspects of day-to-day life, including politics, economics, banking, business law, contract law, sexuality, and social issues. Some Islamic scholars accept Sharia as the body of precedent and legal theory established before the 19th century, while other scholars view Sharia as a changing body, and include Islamic legal theory from the contemporary period.^{[citation needed]}

There is not a strictly codified uniform set of laws pertaining to Sharia. It is more like a system of devising laws, based on the Qur'an, Hadith and centuries of debate, interpretation and precedent.

Before the 19th century, legal theory was considered the domain of the traditional legal schools of thought. Most Sunni Muslims follow Hanafi, Hanbali, Maliki or Shafii, while most Shia Muslims follow Jaafari (Hallaq 1997, Brown 1996, Aslan 2006).

Contents 1 Etymology 2 General 3 Sections of Sharia law 4 Divergent developments after the 19th century 5 Contemporary practice of Sharia law 6 Laws and practices under Sharia 6.1 Marriage laws 6.2 Divorce laws 6.3 The penalty for theft 6.4 The penalty for adultery 6.5 The role of women under Sharia 6.6 Dress codes 6.7 Domestic punishments 6.8 Customs and behavioral laws 6.9 Festivals 6.10 Dietary laws 6.11 Muslim apostates 6.12 Illegal sexual relations: adultery, fornication, and homosexuality 6.13 Freedom of speech 6.14 Treatment of non-Muslims 7 Sharia, democracy and human rights 8 The teaching of sharia laws 8.1 The Algerian case 9 See also 10 References 11 News articles 12 Notes 13 External links

[edit] Etymology

The term Sharia itself derives from the noun shara'a, which according to Abdul Mannan Omar's Dictionary of the Holy Qur'an connects to the idea of "system of divine law; way of belief and practice" (45:18) in the Qur'an.

Legal scholar L. Ali Khan explains that "the concept of sharia has been thoroughly confused in legal and common literature. For some Muslims, sharia consists of the Qur'an and Sunnah. For others, it also includes classical fiqh. Most encyclopedias define sharia as law derived from the Qur'an, the Sunna, and classical fiqh derived from consensus (ijma) and analogy (qiyas).This definition of sharia inappropriately lumps together the revealed with the unrevealed. This blending of sources has created a muddled assumption that scholarly interpretations are as sacred and beyond revision as are the Qur'an and the Sunnah. The Qur'an and the Sunnah constitute the immutable Basic Code, which should be kept separate from ever-evolving interpretive law (fiqh). This analytical separation between the Basic Code and fiqh is necessary to" dissipate confusion around the term Sharia.^[1]

[edit] General

Mainstream Islam distinguishes between fiqh, which means 'understanding of details' and refers to the inferences drawn by scholars, and sharia, which refers to the principles that lie behind the fiqh. Scholars hope that fiqh and sharia are in harmony in any given case, but they cannot be sure.^[2]

Sharia has certain laws which are regarded as divinely ordained, concrete and timeless for all relevant situations (for example, the ban against drinking liquor as an intoxicant). It also has certain laws which derived from principles established by Islamic lawyers and judges (Mujtahidun).

The primary sources of Islamic law are the Qur'an and Sunnah .

To this, traditional Sunni Muslims add the unanimity (ijma) of Muhammad's companions (Sahaba) on certain issues, and drawing analogy from the essence of divine principles (Qiyas).

Qiyas — various forms of reasoning, including by analogy — are used by the law scholars (Mujtahidun) to deal with situations where the sources provide no concrete rules. The consensus of the community or people, public interest, and others are also accepted as secondary sources where the first four primary sources allow.^{[citation needed]}

Shi'a Muslims reject this approach. They strongly reject analogy (Qiyas) as an easy way to innovations (bid'ah), and also reject consensus (ijma) as having any particular value in its own. During the period that the Sunni scholars developed those two tools, the Shi'a Imams were alive, and Shi'a view them as an extension of the Sunnah, so they view themselves as only deriving their laws (Fiqh) from the Qur'an and Sunnah. A re-occurring theme in Shi'a jurisprudence is logic (Mantiq),^[3] something Shi'a believe they mention, employ and value to a higher degree than Sunnis do. They do not view logic as a third source for laws, rather a way to see if the derived work is compatible with the Qur'an and Sunnah.

In Imami-Shi'i law, the sources of law (usul al-fiqh) are the Qur'an, anecdotes of Muhammad's practices and those of the 12 Imams, and the intellect (aql). The practices called Sharia today, however, also have roots in local customs (Al-urf).^{[citation needed]}

Islamic jurisprudence is called fiqh and is divided into two parts: the study of the sources and methodology (usul al-fiqh - roots of the law) and the practical rules (furu' al-fiqh — branches of the law).^{[citation needed]}

The comprehensive nature of Sharia law is due to the belief that the law must provide all that is necessary for a person's spiritual and physical well-being. All possible actions of a Muslim are divided (in principle) into five categories: obligatory, meritorious, permissible, reprehensible, and forbidden. Fundamental to the obligations of every Muslim are the Five Pillars of Islam.

[edit] Sections of Sharia law

Sharia law is divided into two main sections:

1. The acts of worship, or al-ibadat, these include:
   1. Ritual Purification (Wudu)
   2. Prayers (Salah)
   3. Fasts (Sawm and Ramadan)
   4. Charities (Zakat)
   5. Pilgrimage to Mecca (Hajj)
2. Human interaction, or al-mu'amalat, which includes:
   1. Financial transactions
   2. Endowments
   3. Laws of inheritance
   4. Marriage, divorce, and child care
   5. Foods and drinks (including ritual slaughtering and hunting)
   6. Penal punishments
   7. Warfare and peace
   8. Judicial matters (including witnesses and forms of evidence)

See mu`amalat laws according to 5 major schools of jurisprudence and The Majallah

[edit] Divergent developments after the 19th century

During the 19th century the history of Islamic law took a sharp turn due to new challenges the Muslim world faced: the West had risen to a global power and colonized a large part of the world, including Muslim territories. Societies changed from the agricultural to the industrial stage. New social and political ideas emerged and social models slowly shifted from hierarchical towards egalitarian. The Ottoman Empire and the rest of the Muslim world were in decline, and calls for reform became louder. In Muslim countries, codified state law started replacing the role of scholarly legal opinion. Western countries sometimes inspired, sometimes pressured, and sometimes forced Muslim states to change their laws. Secularist movements pushed for laws deviating from the opinions of the Islamic legal scholars. Islamic legal scholarship remained the sole authority for guidance in matters of rituals, worship, and spirituality, while they lost authority to the state in other areas. The Muslim community became divided into groups reacting differently to the change. This division persists until the present day (Brown 1996, Hallaq 2001, Ramadan 2005, Aslan 2006, Safi 2003).

• Secularists believe the law of the state should be based on secular principles, not on Islamic legal theory.
• Traditionalists believe that the law of the state should be based on the traditional legal schools. However, traditional legal views are considered unacceptable by most modern Muslims, especially in areas like women's rights or slavery [2].
• Reformers believe that new Islamic legal theories can produce modernized Islamic law [3] and lead to acceptable opinions in areas such as women's rights [4].
• Salafis believe that the traditional schools were wrong, and therefore failed, and strive to follow the generation of early Muslims.

[edit] Contemporary practice of Sharia law

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There is tremendous variance in the interpretation and implementation of Islamic law in Muslim societies today. Liberal movements within Islam have questioned the relevance and applicability of sharia from a variety of perspectives. Several of the countries with the largest Muslim populations, including Indonesia, Bangladesh and Pakistan, have largely secular constitutions and laws, with only a few Islamic provisions in family law. Turkey has a constitution that is officially strongly secular. India is the only country in the world which has separate Muslim civil laws, framed by Muslim Personal Law board, and wholly based on Sharia. However, the criminal laws are uniform. Some controversial sharia laws favor Muslim men, including rejection of alimony and polygamy.

Most countries of the Middle East and North Africa maintain a dual system of secular courts and religious courts, in which the religious courts mainly regulate marriage and inheritance. Saudi Arabia and Iran maintain religious courts for all aspects of jurisprudence, and religious police assert social compliance. Laws derived from sharia are also applied in Afghanistan, Libya and Sudan. Some states in northern Nigeria have reintroduced Sharia courts. In practice the new Sharia courts in Nigeria have most often meant the re-introduction of harsh punishments without respecting the much tougher rules of evidence and testimony. The punishments include amputation of one/both hands for theft, stoning for adultery and apostasy.

Many (including the European Court of Human Rights) consider the punishments prescribed by Sharia as being barbaric and cruel. Islamic scholars argue that, if implemented properly, the punishments serve as a deterrent to crime. In international media, practices by countries applying Islamic law have fallen under considerable criticism at times. This is particularly the case when the sentence carried out is seen to greatly tilt away from established standards of international human rights. This is true for the application of the death penalty for the crime of adultery, and other such punishments such as amputations for the crime of theft and flogging for fornication or public intoxication. [5]

An unusual secular-state example was the rejected proposal^[4] for a Sharia arbitration court to be established in Ontario, Canada. That province's 1991 arbitration court law allows disputes to be settled in alternative courts to avoid congestion and delay in the court system. The proposed sharia court would handle disputes between Muslim complainants. Critics claimed that misogyny which they held to be inherent in Sharia might influence the Canadian justice system, but proponents argued that those who do not wish to go by the court's rulings are not forced to attend it. Moreover, these sharia courts in Canada would be only orthodox in a limited way as they respect the priority of Canadian civil law. Anybody not satisfied with a ruling from the sharia court could appeal to a civil court. Accordingly, this sharia court would be only a very pale version of Sharia.

On September 11, 2005, Ontario premier Dalton McGuinty stated in a telephone interview that religious arbitration would no longer be allowed. However, the proposed changes to the Ontario Arbitration Act do not specifically mention religious arbitration, but reduce the power of private arbitration in the area of family law, and introduce other changes. Specifically, under the proposed changes family arbitrators will be regulated, participants in family law arbitration cases will not be able to give up their right to appeal an arbitrator's decision to a court, and a prenuptial agreement to resolve family law matters, should they arise, through an arbitrator rather than through a court will no longer be binding.

Nevertheless, the proposed changes were condemned by parts of the Muslim community.^[5]

Though Islamic law is interpreted differently across times, places and scholars, following fundamentalist's literal and traditional interpretations, Muslim scholars believe it should legally be binding on all people of the Muslim faith and even on all people who come under their control.^{[citation needed]}

[edit] Laws and practices under Sharia

[edit] Marriage laws

• The Muslim man who is not currently a fornicator can only marry a Muslim woman who is not currently a fornicatress or a chaste woman from the people of the book.
• The Muslim fornicator can only marry a Muslim fornicatress.
• The Muslim woman who is not currently a fornicatress can only marry a Muslim man who is not currently a fornicator.
• The Muslim fornicatress can only marry a Muslim fornicator.
• The woman cannot marry without the consent of her guardian. If she marries, her husband becomes her new guardian.
• The guardian may choose a suitable partner for a virgin girl, but the girl is free to contest and has the right to say 'no'.
• The guardian cannot marry the divorced woman or the widow if she didn't ask to be married.
• "Do not marry unless you give your wife something that is her right." It is obligatory for a man to give bride wealth (gifts) to the woman he marries.[6]

[edit] Divorce laws

• A woman who wishes to be divorced usually needs the consent of her husband. However, most schools allow her to obtain a divorce without her husband's consent if she can show the judge that her husband is mistreating her, failing to support her financially, or is impotent. If the husband consents she does not have to pay back the dower.^{[citation needed]}
• Men have the right of unilateral divorce. A divorce is effective when the man tells his wife that he is divorcing her. At this point the husband must pay the wife the "delayed" component of the dower.
• A divorced woman of reproductive age must wait three months before marrying again to ensure that she is not pregnant. Her ex-husband should support her financially during this period.^{[citation needed]}
• Under certain circumstances (abuse, for instance), the wife may ask a judge to separate the couple.
• If a man divorces his wife three times, he can no longer marry her again unless she marries another man and then divorces him.^{[citation needed]}
• These are guidelines; Islamic law on divorce is different depending on the school of thought.[7]

[edit] The penalty for theft

In accordance with the Qur'an and several hadith, theft is punished by imprisonment or amputation of hands or feet, depending on the number of times it was committed and depending on the item of theft.^[6][7]

[edit] The penalty for adultery

Main article: Stoning to Death in Islam

In accordance with hadith, stoning to death is the penalty for married men and women who commit adultery.^[8] For unmarried men and women, the punishment prescribed in the Qur'an and hadith is 100 lashes.^[9]

[edit] The role of women under Sharia

Main article: women in Islam

In terms of religious obligations, such as the daily prayers, payment of Zakat, observance of the Ramadan fast and pilgrimage, women are treated no differently from men. There are, however, some exceptions made in the case of prayers and fasting. Women are not obliged to fast during menstruation, pregnancy, for forty days after childbirth or while nursing if there could be any threat to her health or her baby's.

Much has been said about the slaves and Islam, it is pertinent to know that Islam has prescribed five ways to free slaves, has severely chastised those who enslave free persons and has thus regulated the slave trade. The source of slaves was restricted to war in preference to killing whole tribes, en masse, as was the tradition at the time. Islam in fact limited combat operations to combatants and forbade its followers from attacking men, women, children, the elderly, clergy, artisans and other workers not engaged in war. The Qur'an stresses upon 'freeing the slave' and there is not a single verse in the Qur'an that encourages the taking of slaves.

Islam has no clergy, but women may become religious scholars. In practice, it is much more common for men to be scholars than women. Early Muslim scholars such as Abu-Hanifa and Al-Tabary held that there is nothing wrong with women holding a post as responsible as that of judge. Many interpretations of Islamic law hold that women may not have prominent jobs, and thus are forbidden from working in the government. This has been a mainstream view in many Muslim nations in the last century, despite the example of Muhammad's wife Aisha, who both took part in politics and was a major authority on hadith. Islam does not prohibit women from working, as it says "Treat your women well and be kind to them for they are your partners and committed helpers."^[10] Married women may seek employment although it is often thought in patriarchal societies that the woman's role as a wife and mother should have first priority.

Islam unequivocally allows both single and married women to own property in their own right. Islam restored to women the right to inherit property, in contrast with some cultures where women themselves are considered chattels that can be inherited. A woman's share of inheritance is completely hers and no one, including her father or husband, can make any claim on it. However rich a woman may be, her male relatives in order of closeness are required to financially support her. It is her prerogative to forgive the male relatives their obligations of support.

According to Islamic Law, adult women cannot be forced to marry anyone without their consent. Besides all other provisions for her protection at the time of marriage, it was specifically decreed that a woman has the full right to her Mahr, a marriage gift, which is presented to her by her husband and is included in the nuptial contract. Like the man, however, the woman can divorce her husband without resorting to the courts, if the nuptial contract allows that. A Muslim may not marry or remain married to an unbeliever of either sex (2:221, 60:10). A Muslim man may marry a woman of the People of the Book (5:5); traditionally, however, Islamic law forbids a Muslim woman from marrying a non-Muslim man unless he converts to Islam.

In theory, Sunni Islamic law allows husbands to divorce their wives if there is a justifiable reason, by clearly saying talaq ("I divorce you"). A divorced couple cannot remarry if they have been divorced three times, unless the woman has married and divorced another man in the interim. In 2003 a Malaysian court ruled that, under Sharia law, a man may divorce his wife via text messaging as long as the message was clear and unequivocal. [8] Such a divorce, known as the "triple talaq" is not allowed in most Muslim states. The divorced wife always keeps her dowry from when she was married, and is given child support and until the age of weaning, at which point the child may be returned to its father if it is deemed to be in its interests. The wife also receives spousal support as long as she remains single, and the sum of this is usually designated in the marriage contract, but can be varied by the courts according to need.

See also ma malakat aymanukum.

[edit] Dress codes

The Qur'an also places a dress code upon its followers. The rule for men has been ordained before the women: "say to the believing men to lower their gaze and preserve their modesty, it will make for greater purity for them and Allah is well aware of all that they do." Allah says in the Qur'an, "And say to the believing women that they cast down their looks and guard their private parts and do not display their ornaments except what appears thereof, and let them wear their khumūr over their bosoms, and not display their ornaments except to their husbands or their fathers, or their sons,  . . ." By Sharia, Women are required to cover all of their bodies except hands & face and(surat an-Nur verse 31). All those in whose presence a woman is not obliged to practice the dress code are known to be her mahrams. Men have a more relaxed dress code: the loins must be covered from knee to waist. The rationale given for these rules is that men and women are not to be viewed as sexual objects. Men are required to keep their guard up and women to protect themselves. In theory, should either one fail, the other prevents the society from falling into fitna (temptation or discord).

Turkey, a predominantly Muslim country, has controversial laws against these dress codes in schools and work places. After the declaration of the Republic in 1923, as part of revolutions brought by Atatürk, a modern dress code was encouraged. It is against the law to wear a head scarf while attending public school in Turkey,^[11] as well as France, where the recently enacted rule caused huge public controversy.^[12]

Some view Islamic women as being oppressed by the men in their communities because of the required dress codes. However, in more moderate nations, where these dress codes are not obligatory, there are still many Muslim women who practice it. Some choose to wear such clothes of their own free will because they believe it empowers women and discourages being viewed as sexual objects.

One of the garments women wear is the hijāb (of which the headscarf is one component). The word hijab is derived from the Arabic word hajaba which means 'to hide from sight or view', 'to conceal'. Hijāb means to cover the head as well as the body.

[edit] Domestic punishments

Main article: Rights and obligations of spouses in Islam

The word in the Quran in 4:34 used for "beat" is "idreb". It is a conjugate of the word "daraba" which primarily means "to beat, strike, to hit" - Hans Wehr Dictionary of Modern Written Arabic, page 538. The Arabic word "idreb" is used in two primarily ways. 1) to strike up a poem, and 2) to physically "beat", or "strike" someone.

Some consider "hit" to be a misinterpretation, and believe it should be translated as "admonish them, and leave them alone in the sleeping-places and separate from them." Certain modern translations of the Qur'an in the English language accept the commoner translation of "beat" but tone down the wording with bracketed additions. Whatever idribu¯hunna is meant to convey in the Qur'an -- and ambiguities are common in Islam's holy book -- the verb is directed, not at a single husband, but to the community as a whole.

"idrib" is used 12 times in the Quran. Eight times it is used in the physical action of striking, and three times it is used in the context of speaking or applying a proverb. Clearly then, the most frequent use of the word is in physically striking. Here is a Quranic verse in which "idreb" is used:

8:12 - ""Strike" off their heads, "strike" off the very tips of their fingers!"

Several Hadith urge strongly against beating one's wife, such as: "How does anyone of you beat his wife as he beats the stallion camel and then embrace (sleep with) her? (Al-Bukhari, English Translation, vol. 8, Hadith 68, pp. 42-43), "I went to the Apostle of Allah (peace be upon him) and asked him: What do you say (command) about our wives? He replied: Give them food what you have for yourself, and clothe them by which you clothe yourself, and do not beat them, and do not revile them. (Sunan Abu-Dawud, Book 11, Marriage (Kitab Al-Nikah), Number 2139)". Others hadiths do indicate that husbands have a right to discipline their wives in a civilized manner to a certain extent:

Fear Allah concerning women! Verily you have taken them on the security of Allah, and intercourse with them has been made lawful unto you by words of Allah. You too have right over them, and that they should not allow anyone to sit on your bed whom you do not like. But if they do that, you can chastise them but not severely. Their rights upon you are that you should provide them with food and clothing in a fitting manner. (Narrated in Sahih Muslim, on the authority of Jabir.)

– [9]

According to Sheikh Yusuf al-Qaradawi, head of the European Council for Fatwa and Research:

If the husband senses that feelings of disobedience and rebelliousness are rising against him in his wife, he should try his best to rectify her attitude by kind words, gentle persuasion and reasoning with her. If this is not helpful, he should sleep apart from her, trying to awaken her agreeable feminine nature so that serenity may be restored, and she may respond to him in a harmonious fashion. If this approach fails, it is permissible for him to smack her lightly with his hands, avoiding her face and other sensitive parts. In no case should he resort to using a stick or any other instrument that might cause pain and injury.

Critics of the statement question what benefit smacking a women lightly may have? Or smacking strongly for that matter. Either the women submits to her husband or leaves him.

Punishments are authorized by other passages in the Quran and Hadiths for certain crimes (e.g., extra-marital sex, adultery), and are employed by some as rationale for extra-legal punitive action while others disagree (quotations provided by Syed Kamran Mirza):

Quran-24:2 "The woman and the man guilty of adultery or fornication—flog each of them with hundred stripes: Let no compassion move you in their case, in a matter prescribed by God, if ye believe in God and the last day."

Quran-17:32 "Nor come nigh to adultery: for it is a shameful (deed) and an evil, opening the road (to other evils)."

[edit] Customs and behavioral laws

Practitioners of Islam are generally taught to follow some specific customs in their daily lives. Most of these customs can be traced back to Abrahamic traditions in Pre-Islamic Arabian society.^[13] Due to Muhammad's sanction or tacit approval of such practices, these customs are considered to be Sunnah (practices of Muhammad as part of the religion) by the Ummah(Muslim nation). It includes customs like saying Bismillah (in the name of God) before eating and drinking^[14] and then using the right hand for the purpose,^[15] saying As-Salamu Alaykum (peace be upon you) when meeting someone and answering with Wa alaykumus-Salam (and peace be upon you),^[16] saying Alhamdulillah (all gratitude is for only God) when sneezing and responding with Yarhamukallah (God have mercy on you),^[17] and similarly saying the Adhan (prayer call) in the right ear of a newborn and the Iqama in his/her left. In the sphere of hygiene, it includes clipping the moustache, shaving the pubic hair, removing underarm hair, cutting nails, and circumcising the male offspring;^[18][19] cleaning the nostrils, the mouth, and the teeth;^[20] cleaning the body after urination and defecation,^[21] and also abstention from sexual relations during the menstrual cycle and the puerperal discharge,^[22] and ceremonial bath after the menstrual cycle, puerperal discharge, and Janabah (seminal/ovular discharge or sexual intercourse).^[23] Burial rituals include funeral prayer^[24] of bathed^[25] and enshrouded dead body in coffin cloth^[26] and burying it in a grave.^[27]

[edit] Festivals

Main articles: Eid, Eid ul-Fitr, and Eid ul-Adha

There are two festivals that are considered Sunnah.^[27][28]

1. Eid ul-Fitr
2. Eid ul-Adha

Rituals associated with these festivals are:^[27]

• Sadaqah (charity) before Eid ul-Fitr prayer.^[29]
• The Prayer and the Sermon on Eid day.
• Takbirs (glorifying God) after every prayer in the days of Tashriq (see footnote for def.)^[30]
• Sacrifice of unflawed, four legged grazing animal of appropriate age after the prayer of Eid ul-Adha in the days of Tashriq.^[31]

[edit] Dietary laws

Main article: Islamic dietary laws

Islamic law does not present a comprehensive list of pure foods and drinks. However, it sanctions:^[32]

1. prohibition of swine, blood, meat of dead animals and animals slaughtered in the name of someone other than God.
2. slaughtering in the prescribed manner of tazkiyah (cleansing) by taking God’s name.
3. prohibition of intoxicants

The prohibition of dead meat is not applicable to fish and locusts.^[33][34][35] Also hadith literature prohibits beasts having sharp canine teeth, birds having claws and tentacles in their feet,^[36] Jallalah(animals whose meat carries a stink in it because they feed on filth),^[37] tamed donkeys,^[38] and any piece cut from a living animal.^[39][32]

[edit] Muslim apostates

Main article: Apostasy in Islam

In most interpretations of Sharia, conversion by Muslims to other religions, is strictly forbidden and is termed apostasy. Muslim theology equates apostasy to treason, and in most interpretations of sharia, the penalty for apostasy is death.

In many Muslim countries, the accusation of apostasy is even used against non-conventional interpretations of the Quran. The severe persecution of the famous expert in Arabic literature, Prof. Nasr Hamid Abu Zayd, is an example of this. In some countries, Sunni and Shia Muslims often accuse each other of apostasy. The current civil strife in Iraq is explained by many in terms of the extremely harsh religious opposition between Sunnis and Shias in Iraq.

[edit] Illegal sexual relations: adultery, fornication, and homosexuality

Main article: Zina (sex)

Adultery is a crime and except in the case of rape, both man and woman are equally guilty. Thus it is said in Surah An-Noor (24th Chapter of the Quran): (24:2) "The woman and the man guilty of adultery, inflict on each of them one hundred lashes. Let not compassion move you in their case because it has been prescribed by Allah, if you believe in Allah and the life Hereafter (i.e. on the fact that since these are God's Commandments, their results are bound to appear forth) and let a party of the believers witness their punishment (so as to make sure that the punishment has been given according to Law)."

There are many references in the Qur'an which have been cited as referring to gay and lesbian behavior. Some obviously deal with effeminate men and "masculine women." Sura 4:20-21: "Against those of your women who commit adultery, call witnesses four in number from among yourselves; and if these bear witness, then keep the women in houses until death release them, or God shall make for them a way. And if two (men) of you commit it, then hurt them both; but if they turn again and amend, leave them alone, verily, God is easily turned, compassionate." Unmarried sex is permitted with slaves and captives of war (Quran 4:24), but the captive women must consent to marriage if the Muslim man wishes to marry her.

Some translations of the Qur'an call for the long-term or permanent house arrest of women guilty of adultery -- they are to be confined to "houses of death." An accurate translation is that their husband (or their parent or guardian) is to keep them -- not abandon them. Also, if they repent of their sin, God will accept their repentance. A woman can only be found guilty if four witnesses testify against her. Verse 21 seems to call for physical punishment for men who engage in same-sex activity, followed by their release if they abandon the practice. Verse 24:2 calls for a man or woman guilty of adultery or fornication to be flogged 100 times.

Homosexuality, moreover, is considered a grave sin. In Hadith, Muhammad clarifies the gravity of this by saying: "Allah curses the one who does the actions (homosexual practices) of the people of Lut," repeating it three times; saying in another Hadith: "If a man comes upon a man then they are both adulterers." Here, he considered homosexuality tantamount to adultery in relation to the Shari’ah punishments because it is an abomination on the one hand, and the definition of adultery applies to it on the other hand.....As for lesbians, Muhammad said about them: "If a woman comes upon a woman, they are both adulteresses." The homosexual receives the same punishment as an adulterer. This means, that if the homosexual is married, he/she is stoned to death, while if single, he/she is whipped 100 times.

International controversy came about when two gay teenagers were publicly executed (following lashings in prison) in Iran, 19 July 2005, for homosexual relations. The youths were hanged in Edalat Square in the city of Mashhad, in north east Iran. The youths were believed to have been 16 years old at the time they had had relations. Under the Iranian penal code, girls as young as nine and boys as young as 15 can be hanged. Three other boys have gone into hiding due to the incident. Gay men have been publicly executed in Saudi Arabia, where beheading is the primary method, and in Taliban Afghanistan, where men were crushed with large boulders. It's debated how many gay men have been executed in Saudi Arabia, with some estimates placing the number of executions in the thousands in the last 15 years, while other estimates are much smaller. Critics have noted that, in countries where it is punishable by death to be homosexual, men are accused of homosexuality for political reasons. This accusation has been made regarding Nigeria, as well as countries in the Middle East. It has also been suggested that there is dissonance between the capital illegality of homosexuality in many Muslim nations and the frequency of homosexual sex and desire for it, and that arrests and executions are done primarily for political reasons. The Iranian teens argued that they didn't deserve to die, because homosexual sex was common among the boys they know and they didn't know it was illegal.

[edit] Freedom of speech

See also: Jyllands-Posten Muhammad cartoons controversy

See also: Blasphemy laws of the Islamic Republic of Iran and Blasphemy laws of Pakistan

Sharia does not allow freedom of speech on such matters as criticism of Muhammad. Such criticism is considered blasphemy against Muhammad.

The Qur'an says that Allah curses the one who harms the Prophet in this world and He connected harm of Himself to harm of the Prophet. There is no dispute that anyone who curses Allah is killed and that his curse demands that he be categorized as an unbeliever. The Judgment of the unbeliever is that he is killed. [...] There is a difference between ... harming Allah and His Messenger and harming the believers. Injuring the believers, short of murder, incurs beating and exemplary punishment. The judgement against those who harm Allah and His Prophet is more severe -- the death penalty.

– ^[40]

In Egypt, public authorities annulled, without his consent, the marriage of Prof. Nasr Abu Zayd when he got in conflict with an orthodox Islamic cleric from the Al-Azhar University in Cairo. The cleric had condemned Abu Zayd's reading of the Qur'an as being against the orthodox interpretation and labelled him an apostate (seen as a non-believer and consequently not permitted to marry or stay married to a Muslim woman). Abu Zayd fled to the Netherlands, where he is now a professor at the university of Leiden.

[edit] Treatment of non-Muslims

Under Sharia law non-Muslims may be subjected to Sharia Laws however it codifies the treatment of dhimmis (Arabic) in relation to the Muslim state and in cases of over-lapping jurisdiction. Dhimmis are distinctly second-class citizens in that they cannot serve in public office, cannot testify in court and must follow certain rules meant for living on Muslim land and under Muslim protection (such as paying the jizya). The jizya or tax is enforced on those who broke a treaty or attacked Muslim with no right (as a punishment) or required from those who ask for protection without enrolling in the army. The rules include privilege to practice their own religion, except for public demonstration of non-Muslim religious practices and the right to convert Muslims.

The core component of treatment is the jizya, or tax specifically upon non-Muslims. The jizya originates in the Koran [9:29], which says "Fight against those who believe not in Allah, nor in the Last Day, nor forbid that which has been forbidden by Allah and His Messenger and those who acknowledge not the religion of the truth among the people of the Scripture (Jews and Christians), until they pay the Jizyah with willing submission, and feel themselves subdued." The "Book" refers to the People of the Book, Jews and Christians, who don't follow their religion righteously, but the jizya was extended to all conquered non-Muslims. The jizya ultimately is less than the Zakah (money given to the poor and needy) and Sadaqah (charity) that Muslims give. In practice, this was rarely the case.

In addition, Dhimmis are forbidden to build or repair churches or synagogues. Bells, crosses, sacred books and other public demonstrations of religion, including laments at funerals, are forbidden. For example, churches and ancient gurdwaras in present day Pakistan, have been preserved and the minorities live in sizeable numbers in the Guru-Nanak pura and Karachi.

[edit] Sharia, democracy and human rights

Many democrats, and several official institutions in democratic countries (as the European Court for Human Rights) are convinced that Sharia is incompatible with a democratic state. These incompatibilities have been clarified in several legal disputes.

In 1998 the Turkish Constitutional Court banned and dissolved Turkey's Refah Party on the grounds that the "rules of sharia", which Refah sought to introduce, "were incompatible with the democratic regime," stating that "Democracy is the antithesis of sharia." On appeal by Refah the European Court of Human Rights determined that "sharia is incompatible with the fundamental principles of democracy"^[41][42][43] Refah's sharia based notion of a "plurality of legal systems, grounded on religion" was ruled to contravene the European Convention for the Protection of Human Rights and Fundamental Freedoms. It was determined that it would "do away with the State's role as the guarantor of individual rights and freedoms" and "infringe the principle of non-discrimination between individuals as regards their enjoyment of public freedoms, which is one of the fundamental principles of democracy". It was further ruled that

[T]he Court considers that sharia, which faithfully reflects the dogmas and divine rules laid down by religion, is stable and invariable. Principles such as pluralism in the political sphere or the constant evolution of public freedoms have no place in it. […] It is difficult to declare one’s respect for democracy and human rights while at the same time supporting a regime based on sharia, which clearly diverges from Convention values, particularly with regard to its criminal law and criminal procedure, its rules on the legal status of women and the way it intervenes in all spheres of private and public life in accordance with religious precepts.

– ^[44]

On the other side, legal scholar L. Ali Khan concludes "that constitutional orders founded on the principles of Sharia are fully compatible with democracy, provided that religious minorities are protected and the incumbent Islamic leadership remains committed to the right to recall".^[45][46] However, Christian Pippan argues, that this contradicts the political reality in most Islamic states. "While constitutional arrangements to ensure that political authority is exercised within the boundaries of Sharia vary greatly among those nations",^[47] most existing models of political Islam have so far grossly failed to accept any meaningful political competition of the kind that Khan himself has identified as essential for even a limited conception of democracy. Khan, writes Pippan, dismisses verdicts as from the European Court of Human Rights or the Turkish Constitutional Court "as an expression of purely national or regional preferences."^[48]

Several major, predominantly Muslim countries criticized the Universal Declaration of Human Rights (UDHR) for its perceived failure to take into account the cultural and religious context of non-Western countries. Iran claimed that the UDHR was a "a secular understanding of the Judeo-Christian tradition", which could not be implemented by Muslims without trespassing the Islamic law. Therefore the Organization of the Islamic Conference adopted the Cairo Declaration on Human Rights in Islam, which diverges from the UDHR substantially, affirming Sharia as the sole source of human rights. This Declaration was severely criticized by the International Commission of Jurists for allegedly gravely threatening the inter-cultural consensus, introducing intolerable discrimination against non-Muslims and women, restricting fundamental rights and freedoms, and attacking the integrity and dignity of the human being.

[edit] The teaching of sharia laws

[edit] The Algerian case

In Algeria, "Islamic education" starts at the first year of primary school, but it limits itself to Islamic moral values. In junior high, Islamic punishments and laws are introduced (The penalty for theft, Marriage... etc.). In high school things get more "serious" since the subject's name changes into "Islamic sharia" and deals with subjects such as Stoning and Zina.

The Algerian matric includes the "Islamic sharia" subject in its exams for all disciplines (Humanities, Mathematics....etc) even if the student is not Muslim.

[edit] See also

• Aqidah
• Cairo Declaration on Human Rights in Islam
• Irth, farā'iḍ, or wasāyā - Islamic Laws of Inheritance")
• Hudud - Severe crimes (sometimes considered "crimes against God")
• Tazir - Less severe crimes (thus, "crimes against society", not God)
• dhimmi
• Dīn
• Halakha - Jewish law
• Homosexuality and Islam
• Human Rights
• Islamic banking
• Islamic finance
• Islamic Rulings - A list of the most controversial rulings in Islam
• Islam in Turkey
• Qisas - Retaliatory crimes
• Mizan - A comprehensive treatise on the contents of Islam written by Javed Ahmed Ghamidi
• Zakat - Payment of portion of one's wealth for charity

[edit] References

• Ghamidi, Javed (2001). Mizan. Dar al-Ishraq. OCLC 52901690. 
• Human Rights and Islamic Law
• Laleh Bakhtiar and Kevin Reinhart (1996). Encyclopedia of Islamic Law: A Compendium of the Major Schools. Kazi Publications. ISBN 1567444989
• Muhammad ibn Idris al- Shafi'i (1993). Risala: Treatise on the Foundations of Islamic Jurisprudence. Islamic Texts Society. ISBN 0946621152
• Khaled Abou El Fadl 2003). Reasoning with God: Rationality and Thought in Islam. Oneworld. ISBN 1851683062
• Cemal Kafadar (1996). Between Two Worlds: The Construction of the Ottoman State. University of California Press. ISBN 0-520-20600-2
• Omid Safi (2003). Progressive Muslims: On Justice, Gender, and Pluralism. Oneworld Publications. ISBN 1-85168-316-X
• Mumisa, Michael (2002) Islamic Law: Theory & Interpretation. Amana Publications. ISBN 1-59008-010-6
• Daniel W. Brown (1996). Rethinking traditions in modern Islamic thought. Cambridge University Press, UK. ISBN 0-521-65394-0
• Human Rights Documents Archives

[edit] News articles

A bill proposed by lawmakers in the Indonesian province of Aceh would impose Sharia law on all non-Muslims, the armed forces and law enforcement officers, a local police official has announced. The news comes two months after the Deutsche Presse-Agentur warned of "Taliban-style Islamic police terrorizing Indonesia's Aceh".^[49][50][51]

[edit] Notes

[edit] External links

• Women and Unbelievers in the Qur'an and Hadith
• Taliban atrocities against Afghan women
• Presentation on violations of Human Rights under Radical Islam
• Politics in Light of Islam (Siyasah Shar'iayyah) - Audio Lectures
• Shariah as a Political Tool in Indonesia
• Applying Islamic Principles in the Twenty-first Century: Nigeria, Iran, and Indonesia U.S. Institute of Peace Report, September 2005
• BBC Religion & Ethics - Islam - Sharia
• CBS News - Saudi Arabia's Beheading Culture - 25/06/04
• Council On Foreign Relations - Islam: Governing Under Sharia - 14/03/05
• The Daily Telegraph - Poll reveals 40pc of Muslims want sharia law in UK - 19/02/06
• Dhimmitude.org
• Execution of a teenage girl, BBC News, July 27, 2006
• Free Muslims Coalition - Anti-Terrorism Resources: Can Sharia (Islamic Law) work in the 21st Century? - A critique by Muslims
• Human Rights and Islamic Law
• The International Lesbian and Gay Association - Shari'a Law: Islamic Law and Homosexuality
• Postion of Islam on Homosexuality
• The International Society For Human Rights - Sharia in Nigeria
• The Islamic Sharia Council UK
• The Rationale in Sharia Injunctions
• The Purposes of the Shari`ah
• Sangstar: The Stoning - 35 m 8s video by Afghan Independent Human Rights Commission
• Shariah.net
• Shari'ah, Laws and Islam: Legalism vs. Value-orientation by Dr. Mohammad Omar Farooq
• Sharia: Video of Cutting of Hands and Feet implemented according to Islamic law in Qur'an 5:33 (Note: May be disturbing to some viewers)
• What is Sharia? - Definition/Description Potpourri by Dr. Mohammad Omar Farooq
• Why No To Political Islam - Why Sharia Law must be Opposed
• Iran Executes Gay Teens In Public Hanging
• New law and old prejudices threaten Nigeria's gay community
• Saudi Arabia and homosexuality: news
• Homosexuality and Afghanistan
• Punishing Gays under Islam