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'Adalah (Justice): Difference between revisions
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==Justice in the Shariah== | ==Justice in the Shariah== | ||
=== | ===Muslims are worth more than non-Muslims=== | ||
The | In many legal matters, Muslim parties involved in a dispute are given immediate and incontestable priority and preference over non-Muslim parties. One example of where such preferential treatment is given to all Muslims, no matter the facts of the case, is in the case of killing. The vast majority of Muslim scholars hold the view explicitly formulated in {{Bukhari|1|3|111}}, among other hadith, that while a non-Muslim will be executed for killing a Muslim, a Muslim should never be killed for killing a non-Muslim. A minority of scholars, by contrast, hold that a Muslim may be executed if he kills a non-Muslim, but only if that non-Muslim is a sub-citizen [[Dhimmi]] who is under the "protection" of the Islamic state.<ref>[http://www.islamweb.net/emainpage/index.php?page=showfatwa&Option=FatwaId&Id=92261 Killing a Muslim in punishment for killing a non-Muslim] - Islamweb, Fatwa No.92261, August 1, 2006</ref><ref>[http://infad.usim.edu.my/modules.php?op=modload&name=News&file=article&sid=10801 Fatawa: Killing a Muslim for a Non-Muslim] - Islamic Science University of Malaysia, November 6, 2003</ref> | ||
{{Quote|1={{Bukhari|1|3|111}}, See also: {{Bukhari|4|52|283}} and {{Bukhari|9|83|50}}|2=Narrated Ash-Sha'bi: | {{Quote|1={{Bukhari|1|3|111}}, See also: {{Bukhari|4|52|283}} and {{Bukhari|9|83|50}}|2=Narrated Ash-Sha'bi: | ||
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Abu Juhaifa said, "I asked Ali, 'Have you got any book (which has been revealed to the Prophet apart from the Qur'an)?' 'Ali replied, 'No, except Allah's Book or the power of understanding which has been bestowed (by Allah) upon a Muslim or what is (written) in this sheet of paper (with me).' Abu Juhaifa said, "I asked, 'What is (written) in this sheet of paper?' Ali replied, it deals with The Diyya (compensation (blood money) paid by the killer to the relatives of the victim), the ransom for the releasing of the captives from the hands of the enemies, and the law that '''no Muslim should be killed in Qisas (equality in punishment) for the killing of (a disbeliever)'''.}} | Abu Juhaifa said, "I asked Ali, 'Have you got any book (which has been revealed to the Prophet apart from the Qur'an)?' 'Ali replied, 'No, except Allah's Book or the power of understanding which has been bestowed (by Allah) upon a Muslim or what is (written) in this sheet of paper (with me).' Abu Juhaifa said, "I asked, 'What is (written) in this sheet of paper?' Ali replied, it deals with The Diyya (compensation (blood money) paid by the killer to the relatives of the victim), the ransom for the releasing of the captives from the hands of the enemies, and the law that '''no Muslim should be killed in Qisas (equality in punishment) for the killing of (a disbeliever)'''.}} | ||
Similarly, in the case of a killing where compensation is paid in the form of blood money, the sum to be paid for killing a Muslim is significantly more than that to be paid for killing a non-Muslim. The same is also the case for the genders: if a man is killed, the money owed is significantly greater than that owed if a woman is killed. In monetary terms, the direct implication is that the life of a Muslim is worth more than the life of a non-Muslim and that the life of a man more than that of a woman. | |||
{{Quote|1={{Abudawud|39|4527}}|2=Narrated Abdullah ibn Amr ibn al-'As: | {{Quote|1={{Abudawud|39|4527}}|2=Narrated Abdullah ibn Amr ibn al-'As: | ||
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In the case of death of a female, death compensation allowed is equal to half the amount as admissible to males professing the same religion. Further the amount of compensation admissible, is based on the percentage of responsibility fixed on the causer e.g. if the causer is held 50% responsible for the accident resulting in the death of a Muslim, the amount of Death Compensation admissible will be SR 50,000 only. }} | In the case of death of a female, death compensation allowed is equal to half the amount as admissible to males professing the same religion. Further the amount of compensation admissible, is based on the percentage of responsibility fixed on the causer e.g. if the causer is held 50% responsible for the accident resulting in the death of a Muslim, the amount of Death Compensation admissible will be SR 50,000 only. }} | ||
=== | ===Men are worth more than women=== | ||
A woman's witness testimony is worth half that of a man's. | A woman's witness testimony is worth half that of a man's. | ||