Portal: Islamic Law: Difference between revisions

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{{PortalArticle|image=Child marriage.jpg|summary=|title=Child Marriage in Islamic Law|description=Child marriage and sexual activity between adults and children are sanctioned by Islamic law and were practiced by Muhammad and his companions. As is the case within all contexts where sexual activity is permitted in Islam - namely, marriage and slavery - female consent is not required and the category of "rape" does not exist. The only restriction on sexual activity with children of any age within the contexts of marriage and slavery is that the child should not come to severe physical harm as a consequence of the encounter.}}{{PortalArticle|image=Mahr.jpg|summary=|description=The Mahr (مهر) is a contract fee paid for by the groom to the bride in an Islamic marriage (see The Meaning of Nikah). Its purpose within Islamic law, as shown through the Islamic texts themselves and the rulings of fiqh, is to compensate the woman for the privilege of consummating the marriage through sexual intercourse with her. The mahr is an obligatory part of Islamic law. In the abscence of a mahr, the marriage is not valid.|title=Mahr (Marital Price)}}{{PortalArticle|image=Mcsegregation.png|title=Sex Segregation in Islam|summary=|description=The traditional view of most Islamic scholars, past and present, prohibits free-mixing between men and women. Modern scholars and activists often posit that free-mixing is actually allowed in Islam, however their assertions on the matter usually lack the well-attested scriptural citations of the Islamic tradition that are marshaled by traditionalist scholars.}}
{{PortalArticle|image=Child marriage.jpg|summary=|title=Child Marriage in Islamic Law|description=Child marriage and sexual activity between adults and children are sanctioned by Islamic law and were practiced by Muhammad and his companions. The schools of Islamic jurisprudence agreed that a father could contract his virgin minor daughter in marriage. Consummation was to occur when the family considered the child physically ready (no consideration was given to mental anguish). They supported their views variously using Muhammad's marriage to Aisha, the example of his companions, and their understanding of the Quran. In many modern Muslim countries a minimum age of marriage has been introduced or raised in recent decades.}}{{PortalArticle|image=Mahr.jpg|summary=|description=The Mahr (مهر) is a contract fee paid for by the groom to the bride in an Islamic marriage (see The Meaning of Nikah). Its purpose within Islamic law, as shown through the Islamic texts themselves and the rulings of fiqh, is to compensate the woman for the privilege of consummating the marriage through sexual intercourse with her. The mahr is an obligatory part of Islamic law. In the abscence of a mahr, the marriage is not valid.|title=Mahr (Marital Price)}}{{PortalArticle|image=Mcsegregation.png|title=Sex Segregation in Islam|summary=|description=The traditional view of most Islamic scholars, past and present, prohibits free-mixing between men and women. Modern scholars and activists often posit that free-mixing is actually allowed in Islam, however their assertions on the matter usually lack the well-attested scriptural citations of the Islamic tradition that are marshaled by traditionalist scholars.}}
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{{PortalArticle|image=A scene from submission.jpg|summary=|title=Wife Beating in Islamic Law|description=Wife-beating is instructed by the the Qur'an and the Hadiths, and has been an accepted part of Islam law since its inception. Quran 4:34 states that men are in charge of women and that husbands may, among other things, beat their wives if they fear disobedience. Prophet Muhammad provided tacit approval of wife beating by not scolding Muslims for beating their wives, referred to women who spoke-out against abuse as "not the best among you", forbade Muslims from questioning men who beat their wives, allowed others to hit his wives (the very women whom all Muslims adore and refer to as "the Mother of believers"), reaffirmed the command of wife-beating in his farewell sermon, and himself struck one of his wives in the chest. In addition to Muhammad's actions, three of the four Rightly-Guided Caliphs are also reported to have beaten women. Because of its many endorsements within Islamic scripture, wife-beating is permitted by the majority of Muslim scholars and leaders. This has led to domestic violence being permitted under law in several Islamic states or being largely ignored by the authorities.}}
{{PortalArticle|image=A scene from submission.jpg|summary=|title=Wife Beating in Islamic Law|description=Wife-beating is instructed by the Qur'an and the Hadiths, and has been an accepted part of Islam law since its inception. Quran 4:34 states that men are in charge of women and that husbands may, among other things, beat their wives in some circumstances. Muhammad seems to have disapproved of severe beatings, but with this caveat reaffirmed the command of wife-beating in his farewell sermon, and himself once struck one of his wives painfully in the chest. Three of the four Rightly-Guided Caliphs are also reported to have slapped or beaten women, sometimes in Muhammad's presence. Because of its many endorsements within Islamic scripture, wife-beating is permitted by the majority of Muslim scholars and leaders (though in its mildest form is limited, somewhat nonsensically, to tapping with a small stick). This has led to domestic violence being permitted under law in several Islamic states or being largely ignored by the authorities.}}
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==Non-Muslims==
==Non-Muslims==
Those [[Kafir (Infidel)|non-Muslims]] permitted to live under the Islamic regime (namely, Jews, Christians, and Zoroastrians; i.e. '<nowiki/>''Dhimmis''<nowiki/>') are subjected to unique disadvantages in matters of sexual, domestic, legal, financial, sartorial, physical, communal, and religious autonomy. While this subjugation is comparable - albeit in each specific account different - from the legal disadvantages imposed upon women under Islamic law, the rationale is fundamentally different. Though the Quran  decries non-Muslims as being, among other things, 'deaf, dumb, blind'<ref>{{Quran|2|171}}</ref>, 'evil'<ref>{{Quran|62|5}}, {{Quran|7|177}}</ref>, 'like cattle'<ref>{{Quran|25|44}}</ref>, 'perverse'<ref>{{Quran|9|30}}, {{Quran|63|4}}</ref>, and 'without intelligence'<ref>{{Quran|8|65}}</ref>, any supposed characterological traits are not the underlying reason for their subjugation, as might be thought to be case for the subjugation of women. The reason for the the subjugation of non-Muslims living in the Islamic state is because the have the potential to convert to Islam - As the Quran states, this subjugation is simply intended as measure which, through bringing about their humiliation, will incentivize their conversion.
Those [[Kafir (Infidel)|non-Muslims]] permitted to live under the Islamic regime (namely, Jews, Christians, and Zoroastrians; i.e. '<nowiki/>''Dhimmis''<nowiki/>') were subjected to unique disadvantages in matters of sexual, domestic, legal, financial, sartorial, physical, communal, and religious autonomy. While this subjugation is comparable - albeit in each specific account different - from the legal disadvantages imposed upon women under Islamic law, the rationale is fundamentally different. Though the Quran  decries non-Muslims as being, among other things, 'deaf, dumb, blind'<ref>{{Quran|2|171}}</ref>, 'evil'<ref>{{Quran|62|5}}, {{Quran|7|177}}</ref>, 'like cattle'<ref>{{Quran|25|44}}</ref>, 'perverse'<ref>{{Quran|9|30}}, {{Quran|63|4}}</ref>, and 'without intelligence'<ref>{{Quran|8|65}}</ref>, any supposed characterological traits are not the underlying reason for their subjugation, as might be thought to be case for the subjugation of women. The reason for the subjugation of non-Muslims living in the Islamic state is because they have the potential to convert to Islam. This [[Dhimma]] legal framework is not in force in modern Muslim states today as civil law is considered to have rendered it inapplicable.
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{{PortalArticle|title=Relationships with non-Muslims in Islamic Law|summary=|image=Hindumuslimsplit.jpg|description=The Quran and other Islamic sources prohibit certain degrees of relationship with non-Muslims, including with the "People of the Book". Its stance appears to have evolved over time at various stages of Muhammad's prophetic career, occurring in a context when the believers had been driven out from Mecca and there was a degree of enmity between them, as recorded in such verses as Quran 60:1. Some contemporary views emphasize contextual issues and use particular verses and examples from Muhammad's life to argue that friendship with non-Muslims is permitted in some circumstances.}}{{PortalArticle|summary=|image=Broken_cross.jpg|description=The word Dhimma in modern parlance refers to the non-Muslim persons permitted to live under the Islamic regime (The Caliphate), namely those of Abrahamic faiths, as well as the system of financial, legal, and social subjugation that must be brought to bear over them so as to bring about their humiliation, as instructed by the Quran. Included in this system are the practices of ''Zunar'' (yellow-badge practices) and ''Jizyah'' (non-Muslim tax).|title=Dhimma}}
{{PortalArticle|title=Relationships with non-Muslims in Islamic Law|summary=|image=Hindumuslimsplit.jpg|description=The Quran and other Islamic sources prohibit certain degrees of relationship with non-Muslims, including with some of the "People of the Book". Its stance appears to have evolved over time at various stages of Muhammad's prophetic career, occurring in a context when the believers had been driven out from Mecca and there was a degree of enmity between them, as recorded in such verses as Quran 60:1. Some contemporary views emphasize contextual issues and use particular verses and examples from Muhammad's life to argue that friendship with non-Muslims is permitted in most circumstances.}}{{PortalArticle|summary=|image=Broken_cross.jpg|description=The word Dhimma in modern parlance refers to the non-Muslim persons permitted to live under the Islamic regime (The Caliphate), namely those of Abrahamic faiths, as well as the system of financial, legal, and social subjugation that must be brought to bear over them so as to bring about their humiliation, as instructed by the Quran. Included in this system are the practices of ''Zunar'' (yellow-badge practices) and ''Jizyah'' (non-Muslim tax).|title=Dhimma}}
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{{PortalArticle|title=Kafir (Infidel)|description=In Islamic terminology, a kāfir is a disbeliever, or someone who rejects or does not believe in Allah as the one and only God and Muhammad as the final messenger of Allah. In the context of Islamic scriptures, "kafir" is the broadest, all encompassing category of non-Muslim, which includes all other sub-categories, such as ''mushriqun'', or polytheists, ''dahriyah'', or those who deny the existence of any gods outright, as well as those who would today identify as agnostics or who are simply ignorant of religious figments.|image=KFR.jpg|summary=}}{{PortalArticle|title=Dar al-Harb and Dar al-Islam (the Abodes of War and Peace)|summary=|image=Darayn.jpg|description=Traditional Islamic jurists generally dichotomized the world into the ''Dar al-Harb'', or Abode of War, and the ''Dar al-Islam'', or Abode of Islam. Not recognizing anything but a perpetual state of warfare, save occasionally and tactically permitted temporary treaties, with all non-Muslim political entitles, Islamic jurists tended to legislate the Muslims should operate under war-time norms whenever they entered non-Muslim lands. This could go so far as to mean that theft, slave-raiding, and, according to some, even rape was permitted in non-Muslim lands, given the assumed perpetual state of war. It is on the basis of this dichotomy that some Islamic jurists today permit Muslims to collect interest from unbelievers in Western countries, by construing it as a form of legal theft.}}
{{PortalArticle|title=Kafir (Infidel)|description=In Islamic terminology, a kāfir is a disbeliever, or someone who rejects or does not believe in Allah as the one and only God and Muhammad as the final messenger of Allah. In the context of Islamic scriptures, "kafir" is the broadest, all encompassing category of non-Muslim, which includes all other sub-categories, such as ''mushriqun'', or polytheists, ''dahriyah'', or those who deny the existence of any gods outright, as well as those who would today identify as agnostics or who are simply ignorant of religious figments.|image=KFR.jpg|summary=}}{{PortalArticle|title=Dar al-Harb and Dar al-Islam (the Abodes of War and Peace)|summary=|image=Darayn.jpg|description=Traditional Islamic jurists generally dichotomized the world into the ''Dar al-Harb'', or Abode of War, and the ''Dar al-Islam'', or Abode of Islam. Not recognizing anything but a perpetual state of warfare, save occasionally and tactically permitted temporary treaties, with all non-Muslim political entitles, Islamic jurists tended to legislate the Muslims should operate under war-time norms whenever they entered non-Muslim lands. This could go so far as to mean that theft, slave-raiding, and, according to some, even rape was permitted in non-Muslim lands, given the assumed perpetual state of war. It is on the basis of this dichotomy that some Islamic jurists today permit Muslims to collect interest from unbelievers in Western countries, by construing it as a form of legal theft.}}
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{{PortalArticle|summary=|title=Islam and Freedom of Speech|image=Images-cfiv-0004.jpg|description=According to Islamic law, it is a criminal offense to speak ill of Islam, its Prophet, and its holy Scriptures (Qur'an and Hadith). Blasphemy is punishable by death. Sufficiently unorthodox perspectives constitute blasphemy just as well as ''only partially'' orthodox perspectives (that is, those perspectives that affirm some tenants of blasphemy while denying others).}}{{PortalArticle|title=Islam and Homosexuality|summary=|image=Homophobes.jpg|description=The four Sunni schools of jurisprudence all agree that practicing homosexuality is an egregious crime that earns an especially harsh punishment, although the schools vary regarding what exactly this punishment should be. Punishments range from execution by beheading, execution by stoning, execution by being thrown off a tall building, and imprisonment until death.}}
{{PortalArticle|summary=|title=Islam and Freedom of Speech|image=Images-cfiv-0004.jpg|description=According to Islamic law, it is a criminal offense to speak ill of Islam, its Prophet, and its holy Scriptures (Qur'an and Hadith). Blasphemy is punishable by death. Sufficiently unorthodox perspectives constitute blasphemy just as well as ''only partially'' orthodox perspectives (that is, those perspectives that affirm some tenants of blasphemy while denying others).}}{{PortalArticle|title=Islam and Homosexuality|summary=|image=Homophobes.jpg|description=The four Sunni schools of jurisprudence all agree that practicing homosexuality is an egregious crime that earns an especially harsh punishment, although the schools vary regarding what exactly this punishment should be. Punishments range from execution by beheading, execution by stoning, execution by being thrown off a tall building, and imprisonment until death.}}
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{{PortalArticle|image=Mumtaztomumtaz.png|title=If Anyone Slays a Person (Qur'an 5:32)|summary=|description=Islamic law does not punish the murder of those who warrant execution (such as blasphemers, apostates, and those who in some manner 'spread mischief in the Earth') and differentiates between the murder of a Muslim, which merits the death penalty, and the murder of a non-Muslim, which only merits the payment of blood-money. This ruling is outlined in the Quran and, in Sahih Bukhari, Muhammad is repeatedly recorded as saying "no Muslim should be killed in Qisas (legal retribution) for killing a Kafir (disbeliever)".}}{{PortalArticle|title=Intoxicants and Recreation in Islamic Law|summary=|image=Firemusic.jpg|description=Intoxicants (الخمر al‐khamr) such as alcohol, marijuana etc. and recreational games of chance, such as board games (especially chess), card games and other forms of gambling are forbidden under Islamic law. Notably, several hadiths in Sahih Muslim report that Muhammad himself used to consume alcoholic drinks prior to prohibiting it.}}
{{PortalArticle|image=Mumtaztomumtaz.png|title=If Anyone Slays a Person (Qur'an 5:32)|summary=|description=Islamic law does not punish the murder of those who warrant execution (such as blasphemers, apostates, and those who in some manner 'spread mischief in the Earth') and differentiates between the murder of a Muslim, which merits the death penalty, and the murder of a non-Muslim, which only merits the payment of blood-money. This ruling is outlined in the Quran and, in Sahih Bukhari, Muhammad is repeatedly recorded as saying "no Muslim should be killed in Qisas (legal retribution) for killing a Kafir (disbeliever)".}}{{PortalArticle|title=Intoxicants and Recreation in Islamic Law|summary=|image=Firemusic.jpg|description=Intoxicants (الخمر al‐khamr) such as alcohol, marijuana etc. and recreational games of chance, such as board games (especially chess), card games and other forms of gambling are forbidden under Islamic law.}}
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