Shari'ah (Islamic Law)

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Definition

Islamic Laws are made up of Shariah|Shari'ah ('‎شريعة Šarīʿah) and Islamic jurisprudence (فقه‎ Fiqh). Shari'ah is seen as sacred and constitutes the Qur'an and Muhammad's Sunnah (way), which is found in the Hadith and Sira. Islamic jurisprudence is a complimentary expansion and explanation of the former by Islamic jurists and scholars, and the term Shari'ah is also often applied to its body of law.

Shari'ah

Shari'ah not only governs public life, but also many facets of ones personal life. It has laws covering Muslim interactions with non-Muslims, sexuality, food, rituals, leisure activities, dress, hygiene etc. This is due to Muhammad's pivotal role in both the practice of Islam and the formation of Islamic law. He is considered by all Muslims, in Islamic theology, as the uswa hasana (perfect example). Since both the practice of Islam and its laws are based on the same source, they are inseparable from one another.

...Shari`ah is life for the Muslims’ souls and a way of life for them.

...Shari`ah, conceptually, refers to a set of rules, regulations, teachings, and values governing the lives of Muslims. However, these rules and regulations, contrary to how they are often described by many non-Muslims, cover every aspect of life. Shari`ah embraces worship, morals and conduct, as well as it embraces the political, social and economic, as well as other spheres.
The Importance of Shari`ah
Salem Al-Hasi, May 26, 2004

Shari'ah and Human Rights

Many respected bodies, including the European Court of Human Rights, have concluded that Shari'ah is incompatible with accepted modern standards of human rights.

In 2003 and 2004, the court [European Court of Human Rights] ruled that "that sharia is incompatible with the fundamental principles of democracy" (13/02/2003) ., because the sharia rules on inheritance, women rights and religious freedom violate human rights as established in the European Convention on Human Rights.
European Court of Human Rights (ECHR)
Cambridge Encyclopedia, Vol. 24
The House of Lords today drew stark attention to the conflict between sharia and UK law, calling the Islamic legal code "wholly incompatible" with human rights legislation. The remarks came as the Lords considered the case of a woman who, if she was sent back to Lebanon, would be obliged under sharia law to hand over custody of her 12-year-old son to a man who beat her, threw her off a balcony and, on one occasion, attempted to strangle her.
Sharia law incompatible with human rights legislation, Lords say
Afua Hirsch, legal affairs correspondent, The Guardian, October 23, 2008

The Islamic laws on human rights (and their laws in general) are based on the views and actions of (or attributed to) Muhammad. While other systems of law have adapted and changed with the passage of time, the basis of Shari'ah is largely defined by the Qur'an and Hadiths. For traditionalists, to reform it would be to replace or rid of it and Islam along with it. To them, Shari'ah (in terms of the Qur'an and Sunnah) are seen as Allah's unalterable holy laws. To attempt to change it would be considered blasphemous, as it constitutes Bid'ah (innovation in matters of religion), something which was forbidden by Muhammad himself.[1][2] What can be altered is Islamic jurisprudence, but as that is extracted from, and cannot contradict,[3][4] For neo-traditionalists, room for reinterpretation of shari'ah is rather limited. Islamic modernists, however, argue that medieval jurisprudence, the traditional authenticity of certain hadiths, and medieval interpretations of the Qur'an can reasonably be questioned and rejected today, particularly with the aid of modern academic methods.

The following is an excerpt taken from a popular fatwa website in objection to the Universal Declaration of Human Rights.

....These so called rights and freedoms which they call for all people to enjoy regardless of religion make the monotheist and the polytheist equally entitled to these rights and freedoms, so the slave of Allaah and the slave of the Shaytaan are placed on the same level, and every worshipper of rocks, idols or people is given the complete right and freedom to enjoy his kufr and heresy. This is contrary to the laws of Allaah in this world and the Hereafter. [Quotes Quran 68:35-36, Quran 38:28, & Quran 32:18]

It is a call to abolish the ruling on apostasy, and to openly flaunt the principles of kufr and heresy. It is a call to open the door to everyone who wants to criticize Islam or the Prophet of Islam Muhammad (peace and blessings of Allaah be upon him) and to have the freedom to criticize and express oneself with no restrictions.

These are corrupt principles. Even if they suit their lives, values and religion, they do not suit us and they are contrary to our pure sharee’ah, which brought rulings that are suited to individuals and societies, and establish noble morals, and protect minds, honour, physical well being and wealth, and show people the religion which Allaah loves and is pleased with....

In 1981 the Iranian representative to the United Nations declared that "the Universal Declaration of Human Rights represented a secular interpretation of the Judeo-Christian tradition, which could not be implemented by Muslims."[5] Due to this conflict between Islamic and Western, liberal notions of human rights, in 1990, the OIC (Organisation of the Islamic Conference) who represent all 57 Muslim majority nations, created the Cairo Declaration on Human Rights in Islam, using Islamic scripture as its sole source.[6] This declaration has been severely criticized by many, including; the International Humanist and Ethical Union (IHEU), the Association for World Education (AWE) and the Association of World Citizens (AWC) for its incompatibility with human rights, women's rights, religious freedom and freedom of expression, by "imposing restrictions on nearly every human right based on Islamic Sharia law."[7]

Furthermore, according to the International Commission of Jurists (ICJ):

1) It gravely threatens the inter-cultural consensus on which the international human rights instruments are based;
2) It introduces, in the name of the defence of human rights, an intolerable discrimination against both non-Muslims and women;
3) It reveals a deliberately restrictive character in regard to certain fundamental rights and freedoms, to the point that certain essential provisions are below the legal standard in effect in a number of Muslim countries;
4) It confirms under cover of the "Islamic Shari'a (Law)" the legitimacy of practices, such as corporal punishment, that attack the integrity and dignity of the human being.
Feb. 1992 Joint Statement to the UNCHR
The International Commission of Jurists and the International Federation for Human Rights

Separation of 'Church' and State

It is a generally accepted that there is nothing in Islam that could be described as the "separation of 'Church' and State".[8] At the same time, neo-traditionalists represented by the scholars (ulema) graduating from institutions like the prestigious al-Azhar University in Cairo, the Shi'i seminaries, or the Indonesian Nahdlatul Ulama, see Islam as a theological doctrine, a moral code, and spiritual source, and is not conditional on establishing political government. Loyalty and patriotism towards the modern nation-state that grants them freedom of worship is advocated and a virtue (see History of Islamic Thought). For Islamists however, Shari'ah remains inseparable from the public and the personal aspects of practicing Islam. Islam, unlike many other faiths, was implemented as a theocracy during its founder's lifetime. As the founder and head of the first Islamic state, Muhammad did not differentiate between "rendering unto Caesar what is Caesar's and what is God's unto God", and this is a view reflected in the following quote.

So how are Muslims to approach the modern trend of separation of religion and state? The basic belief in Islam is that the Qur'an is one hundred percent the word of Allah, and the Sunna was also as a result of the guidance of Allah to the Prophet sallallahu allayhe wasalam. Islam cannot be separated from the state because it guides us through every detail of running the state and our lives. Muslims have no choice but to reject secularism for it excludes the law of Allah.....

Secularists....will point out that under Islamic law, people are not all equal. No non-Muslim, for example, could become the president. Well, in response to that fact, in turn, secularism is no different. No Muslim could become president in a secular regime, for in order to pledge loyalty to the constitution, a Muslim would have to abandon part of his belief and embrace the belief of secularism — which is practically another religion. For Muslims, the word 'religion' does not only refer to a collection of beliefs and rituals, it refers to a way of life which includes all values, behaviours, and details of living.

Secularism cannot be a solution for countries with a Muslim majority or even a sizeable minority, for it requires people to replace their God-given beliefs with an entirely different set of man-made beliefs. Separation of religion and state is not an option for Muslims because is requires us to abandon Allah's decree for that of a man.
Separation Of Church And State
Muslim scholar, Dr. Ja`far Sheikh Idris, AlJumuah Magazine, Volume 13 Issue 3

Spread of Shari'ah is Obligatory

The spread of Islam and the Shari'ah is obligatory in medieval jurisprudence. For Salafi-Jihadists in modern times, Jihad is often employed with the aim of forcing governments into implementing Shari'ah on Muslims and non-Muslims alike, thus expanding the Dar al-Islam ('house/domain of Islam'). This, once again, is based on the Sunnah attributed to Muhammad. Following the Farewell Sermon, according to tradition he sent messengers to foreign leaders including; Negus, Chosroes of Persia, and the Eastern Roman Emperor Heraclius, commanding them to submit to his rulership; submit to Islam.[9] We see the same thing happening today in the modern world (for example) in Somalia[10] where President Sheikh Sharif Sheikh Ahmed, in February 2009, after two years of fighting gave in to rebel demands to impose Islamic law on the country.

The Muslims in a country that is not governed according to Islamic sharee’ah should do their utmost and strive as much as they can to bring about rule according to Islamic sharee’ah, and they should unite in helping the party which is known will rule in accordance with Islamic sharee’ah. As for supporting one who calls for non-implementation of Islamic sharee’ah, that is not permissible, rather it may lead a person to kufr...[See Quran 5:49-50][11]
Standing Committee for Academic Research and Issuing Fatwas, Shaykh ‘Abd al-‘Azeez ibn Baaz, Shaykh ‘Abd al-Razzaaq ‘Afeefi, Shaykh ‘Abd-Allaah ibn Ghadyaan, Fataawa al-Lajnah al-Daa’imah (1/373)

Qur'an, Hadith and Scholars on Shari'ah

Qur'an

In the Quran, the word Shari'ah or its cognates occurs twice as a noun (in Quran 5:48 and Quran 45:18) meaning law or path, and twice as a verb (in Quran 42:13 and Quran 42:21), meaning ordained. A number of other verses speak of the requirement to obey Allah. Hadiths mention the importance of obeying Muhammad and warn against innovation (which may reflect a slightly later period when various sects were emerging).

O ye who believe! Obey Allah, and obey the Messenger, and those charged with authority among you. If ye differ in anything among yourselves, refer it to Allah and His Messenger, if ye do believe in Allah and the Last Day: That is best, and most suitable for final determination. Hast thou not turned Thy vision to those who declare that they believe in the revelations that have come to thee and to those before thee? Their (real) wish is to resort together for judgment (in their disputes) to the Evil One, though they were ordered to reject him. But Satan's wish is to lead them astray far away (from the right).
But no, by the Lord, they can have no (real) Faith, until they make thee judge in all disputes between them, and find in their souls no resistance against Thy decisions, but accept them with the fullest conviction.
We have sent down to thee the Book in truth, that thou mightest judge between men, as guided by Allah: so be not (used) as an advocate by those who betray their trust;
It was We who revealed the law (to Moses): therein was guidance and light. By its standard have been judged the Jews, by the prophets who bowed (as in Islam) to Allah's will, by the rabbis and the doctors of law: for to them was entrusted the protection of Allah's book, and they were witnesses thereto: therefore fear not men, but fear me, and sell not my signs for a miserable price. If any do fail to judge by (the light of) what Allah hath revealed, they are (no better than) Unbelievers. We ordained therein for them: "Life for life, eye for eye, nose or nose, ear for ear, tooth for tooth, and wounds equal for equal." But if any one remits the retaliation by way of charity, it is an act of atonement for himself. And if any fail to judge by (the light of) what Allah hath revealed, they are (No better than) wrong-doers.
And this (He commands): Judge thou between them by what Allah hath revealed, and follow not their vain desires, but beware of them lest they beguile thee from any of that (teaching) which Allah hath sent down to thee. And if they turn away, be assured that for some of their crime it is Allah's purpose to punish them. And truly most men are rebellious. Do they then seek after a judgment of (the days of) ignorance? But who, for a people whose faith is assured, can give better judgment than Allah?
Say: "Shall I seek for judge other than Allah? - when He it is Who hath sent unto you the Book, explained in detail." They know full well, to whom We have given the Book, that it hath been sent down from thy Lord in truth. Never be then of those who doubt.
When they are summoned to Allah and His messenger, in order that He may judge between them, behold some of them decline (to come). But if the right is on their side, they come to him with all submission.

Hadith

Narrated Abu Huraira: Allah's Apostle said, "Whoever obeys me, obeys Allah, and whoever disobeys me, disobeys Allah, and whoever obeys the ruler I appoint, obeys me, and whoever disobeys him, disobeys me.
Narrated 'Abdullah: The Prophet said, "A Muslim has to listen to and obey (the order of his ruler) whether he likes it or not, as long as his orders involve not one in disobedience (to Allah), but if an act of disobedience (to Allah) is imposed one should not listen to it or obey it.
'A'isha reported Allah's Messenger (may peace be upon him) as saying: He who innovates things in our affairs for which there is no valid (reason) (commits sin) and these are to be rejected.
Narrated Aisha: Allah's Apostle said, "If somebody innovates something which is not in harmony with the principles of our religion, that thing is rejected."

Islamic Scholars

Traditionalist and more so Salafi scholars are wary of innovation, while Islamic modernists are more open to reinterpretation, especially in light of modern academic insights on the meaning of the Quran, skepticism towards hadiths and towards medieval interpretations.

One of the worst of evil deeds is referring for judgement to something other than the sharee’ah of Allaah, namely man-made laws and human-made systems, the customs of one’s ancestors and forefathers, and the verdicts of soothsayers, magicians and astrologers, which many people do nowadays and approve of instead of the sharee’ah of Allaah with which He sent His Messenger Muhammad (peace and blessings of Allaah be upon him). Undoubtedly this is the worst type of hypocrisy and among the greatest signs of kufr, wrongdoing and evil, and it is the rulings of the Jaahiliyyah, which the Qur’aan annulled and which the Messenger of Allaah (peace and blessings of Allaah be upon him) warned against...

...This is a stern warning from Allaah to all people against turning away from His Book and the Sunnah of His Messenger (peace and blessings of Allaah be upon him), and referring for judgement to anything else. It is a clear ruling from the Lord against judging by anything other than His sharee’ah, that such a one is a kaafir, a wrongdoer and a rebellious evildoer, whose attitude is that of the hypocrites and people of Jaahiliyyah. So beware, O Muslims, of that which Allaah has warned against, and refer to His laws for judgement in all things. Beware of that which goes against them, and advise one another concerning that. Regard as an enemy the one who turns away from the sharee’ah of Allaah or belittles it or makes fun of it, and who facilitates turning to anything else for judgement, so that you may earn the honour of Allaah and be safe from the punishment of Allaah, and thus you will have done what Allaah has enjoined upon you of taking His close friends as friends, who refer to His sharee’ah for judgement and who are pleased with His Book and the Sunnah of His Prophet (peace and blessings of Allaah be upon him), and taking as enemies His enemies who turn away from His Book and the Sunnah of His Prophet (peace and blessings of Allaah be upon him).[12]
Shaykh Muhammad ibn Ibraaheem, Fataawa (12/259-260)
So those who refer for judgement to something other than the laws of Allaah, and think that this is permissible for them, or that it is better than referring for judgement to the laws of Allaah, undoubtedly go beyond the pale of Islam because of that, and they are kaafirs, wrongdoers and rebellious evildoers...[12]
Shaykh ‘Abd al-‘Azeez ibn Baaz, Fataawa (1/271)
The Sacred Legislator of Islam is the sole legislative power. No one has the right to legislate and no law may be executed except the law of the Divine Legislator. [13]
Imam Ruhollah Khomeini, Veliyat ul-Faqih
The right to legislate is for Allah (Subhannah wa Ta'aala) alone. Halaal (permissible) is what Allah made Halaal, Haraam (impermissible) is what Allah made Haraam, the Religion, the Law, the way to follow, the Path and the Faith to embrace, are all for Allah (Ta'aala) alone to decide. There are rulers and kings who consider what Allah made Halaal to be Haraam and what He made Haraam to be Halaal. This is an act of aggression against Allah (Ta'aala) in that they deny Him the right to legislate in His Kingdom and Domain.[14]
Sheykh Abdul Rahman Adbul Khaliq, Al-Usool al 'Ilmiyyah li Da'wati s Salafiyyah
Making Legislation for the Creatures is Shirk. Allah says: (Or have they partners with Allah who have instituted for them a religion which Allah has not ordained) means, they do not follow what Allah has ordained for you of upright religion; on the contrary, they follow what their devils (Shayatin), of men and Jinn, have prescribed for them. They instituted taboos, such as the Bahirah, Sa'ibah, Wasilah or Ham. They also permitted eating flesh and blood of animals not slaughtered for consumption, gambling and other kinds of misguidance, ignorance and falsehood. These are things that they invented during Jahiliyyah, when they came up with all kinds of false rulings on what was permitted and what was forbidden, and false rites of worship and other corrupt ideas. It was recorded in the Sahih that the Messenger of Allah said:(I saw `Amr bin Luhayy bin Qama`ah dragging his intestines in Hell) -- because he had been the first one to introduce the idea of the Sa'ibah. This man was one of the kings of the Khuza`ah tribe, and he was the first one to do these things. He was the one who had made the Quraysh worship idols, may the curse of Allah be upon him. Allah said:(And had it not been for a decisive Word, the matter would have been judged between them.) means, the punishment would have been hastened for them, were it not for the fact that it had already been decreed that it would be delayed until the Day of Resurrection. (And verily, for the wrongdoers there is a painful torment.) i.e., an agonizing torment in Hell, what a terrible destination. [15]
Imam Ibn Kathir, Tafsir ul Qur'an
Seeking judgement from the Book of Allah and the Sunnah of the Prophet (saw) is a must! Those who don't see the judgement of Allah and implement it, they are rejecting faith. Those who believe, need to believe in all which was brought by Allah (swt). Islam is unlike all other religions which "pick and choose" what they want to believe, but Islam is a perfect religion. Allah the Almighty said: "This is the day which I have chosen, to make Islam as the religion I have chosen. And I am pleased with Islam as your religion." (Qur'an 5:3)[16]
Shaikh Muhammad Salah, Huda TV

Islamic Laws:

Forbidding things which are permitted in most secular countries today

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

Adultery

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

Apostasy (rejection of Islam)

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.[17] Under Islamic law, it is a crime punishable by death. This punishment was prescribed by Muhammad himself who had said "Whoever changed his Islamic religion, then kill him."[18] 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).[19] 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,[18] Christians,[20] and Jews[21] being put to death for leaving Islam.[22]

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.[23] 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.[24] Islamic modernists tend to interpret the Quran to be more open to freedom of religion and reject hadiths relating to apostasy.

Free Speech/Blasphemy

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. Muhammad asked Muslims to kill someone named 'Abdullah bin Ubai (bin Salul) for making "evil" statements about him.[25] He asked Muslims to kill Abu `Afak for making negative remarks about him and Islam.[26] He asked Muslims to kill both Ka’b bin Ashraf[27] and Asma Bint Marwan[28] for writing inflammatory poetry about him and Muslims. Additionally, when Muhammad learned that one of his followers had stabbed and killed his umm walad (concubine with whom he had fathered a child) for making derogatory remarks about Muhammad, he declared that "no retaliation is payable for her blood."[29] This has effectively set the precedent for all Muslims to follow with such retaliation. No higher authority than ones-self is needed for permission to kill blasphemers. The state of free speech under the reign of the prophet himself is what ultimately formulates Islamic law.

Siraj Khan writes regarding traditional Islamic jurisprudence, "Many instances from the hadith corpus are cited in support of the punishment for blasphemy", giving examples such as Abu Rafi' and Ka'b ibn Ashraf. A handful of hadith were used to qualify the specific circumstances when blasphemy was punishable, in particular those narrating Muhammad's approval (as it was usually interpreted) of a blind man who killed his umm walad (concubine who bore him children) and a man who killed a Jewish woman, in both cases for insulting Muhammad.[30][31] It is common even in modern times for Islamic scholars to discuss the legitimacy of blasphemy laws by citing the killings of poets and others who had insulted Muhammad,[32] though there are also those who urge a more critical view of the sources as well as raising issues of legal methodology.[33] What is not in doubt, though, is that these narratives, taken together as the sirah, have traditionally formed the most authoritative biographical source available on the life of the prophet.

Umar bin Al-Khattab's placed the following restrictions on expression and speech:

The scholars of Hadith narrated from `Abdur-Rahman bin Ghanm Al-Ash`ari that he said, "I recorded for `Umar bin Al-Khattab, may Allah be pleased with him, the terms of the treaty of peace he conducted with the Christians of Ash-Sham:
`In the Name of Allah, Most Gracious, Most Merciful. This is a document to the servant of Allah `Umar, the Leader of the faithful, from the Christians of such and such city. When you (Muslims) came to us we requested safety for ourselves, children, property and followers of our religion. We made a condition on ourselves that we will neither erect in our areas a monastery, church, or a sanctuary for a monk, nor restore any place of worship that needs restoration nor use any of them for the purpose of enmity against Muslims. We will not prevent any Muslim from resting in our churches whether they come by day or night, and we will open the doors [of our houses of worship] for the wayfarer and passerby. Those Muslims who come as guests, will enjoy boarding and food for three days. We will not allow a spy against Muslims into our churches and homes or hide deceit [or betrayal] against Muslims. We will not teach our children the Qur'an, publicize practices of Shirk, invite anyone to Shirk or prevent any of our fellows from embracing Islam, if they choose to do so. We will respect Muslims, move from the places we sit in if they choose to sit in them. We will not imitate their clothing, caps, turbans, sandals, hairstyles, speech, nicknames and title names, or ride on saddles, hang swords on the shoulders, collect weapons of any kind or carry these weapons. We will not encrypt our stamps in Arabic, or sell liquor. We will have the front of our hair cut, wear our customary clothes wherever we are, wear belts around our waist, refrain from erecting crosses on the outside of our churches and demonstrating them and our books in public in Muslim fairways and markets. We will not sound the bells in our churches, except discretely, or raise our voices while reciting our holy books inside our churches in the presence of Muslims, nor raise our voices [with prayer] at our funerals, or light torches in funeral processions in the fairways of Muslims, or their markets. We will not bury our dead next to Muslim dead, or buy servants who were captured by Muslims. We will be guides for Muslims and refrain from breaching their privacy in their homes.'

When I gave this document to `Umar, he added to it,

'We will not beat any Muslim. These are the conditions that we set against ourselves and followers of our religion in return for safety and protection. If we break any of these promises that we set for your benefit against ourselves, then our Dhimmah (promise of protection) is broken and you are allowed to do with us what you are allowed of people of defiance and rebellion.'"

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.[34] In addition to this, Bibles were burnt and more than a hundred churches and Christian-owned homes were looted and destroyed.[35][36] While there are 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 resulting uproar. These cartoons, once again, sparked violence and murder against the minority Christians in the East.[37] By the end of February 2006 more than 40 people had died[38] as a result of the angry reaction from Muslims, and its continued republication has resulted in more than 200 deaths and hundreds of injuries.[39] The November 2007 "Muhammad Teddy bear" blasphemy case likewise led to a protest in Khartoum, Sudan. A protest where ten thousand Muslims[40][41] carrying swords, knives, and sticks, after Friday prayers, called for the execution[42][43][44][45] of a British teacher for allowing her students to name a teddy bear 'Muhammad.' And also the "Satanic Verses" controversy, which led to thirty-eight deaths[46] and nationwide bombings of book-stores in the U.K.[47] and U.S.[48]

Sexual relations between unmarried consenting adults

Homosexual activity

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[49] as a punishment for their 'crime', but other scholars maintain that they should be imprisoned until death. [50] 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.[51] 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.”[52] 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."[53] 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.[54]

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.[55][56] 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.[57] 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.[56] 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.[58]

Interfaith Marriage

The Quran forbids believers from marrying those who associate partners with Allah (mushrikun), though after the conquest of Mecca believing men were permitted to marry believing women or women from the People of the Book (Jews and Christians). There is no similar verse explicitly permitting the same for believing women, and they had been explicitly forbidden to marry disbelieving men (kuffar) in a verse about the treaty of Hudaybiyyah. These verses led scholars to conclude that Muslim women may only marry Muslim men. The relevant verses are Quran 2:221, Quran 60:10, and Quran 5:5. Another justification given by scholars was that a non-Muslim husband may compell his believing wife to compromise her faith or their children's faith. The prominent reformist scholar, Dr. Abou El Fadl, a professor of law at the University of California, Los Angeles, notes, “I am not aware of a single dissenting opinion on this, which is rather unusual for Islamic jurisprudence because Muslim jurists often disagreed on many issues, but this is not one of them". Today, there are some dissenting opinions among Islamic modernists, arguing that there is some ambiguity in the relevant verses and using arguments such as that women have greater legal protections in the modern world, though this is very much a minority view. Such marriages are considered void under Islamic law. Moreover, if in a married non-Muslim couple the wife but not the husband converts to Islam, the marriage in annulled. It is also annulled if the husband becomes Muslim but the wife is neither Christian nor Jew. If a Muslim husband abandons his faith, his marriage to his Muslim wife is similarly annulled, and perhaps vice versa.[59]

Intoxicants and Recreational Games

Intoxicants such as alcohol, marijuana, etc.[60] and recreational games of chance, such as board games[61] (including chess),[62] 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.[63] 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 37:45-47 wine is described as being an aspect of heaven, though non-intoxicating.[64] 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.[65] The hadith record that Hamza bin Abdul Muttalib, in a drunken state, mutilated two camels, chopping of their humps and taking out their livers.[66] When rebuked by Muhammad, he insulted him to his face, saying "Aren't you but the slaves of my father?"[67] 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 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."[62] After this revelation, Muhammad ordered beatings[68] and flogging[69] for anyone who broke these laws. Repeat offenders were ordered by him to be put to death.[70] Later, Umar (the second 'rightly guided' Caliph) would order eighty stripes as the mildest punishment.[71]

In modern times, these laws still stand. There are out-right bans or severe restrictions put on the sale, purchase, and drinking of alcohol by adults in many Islamic majority countries, including: Afghanistan, Bahrain, Bangladesh, Brunei, Iran, Kuwait, Libya, Malaysia,[72] The Maldives, Morocco, Pakistan, Qatar, Saudi Arabia, Sudan, Tunisia, and The United Arab Emirates.[73] Punishments vary according to country, but many are consistent with the Sunnah of Muhammad. They range from weeks to months of imprisonment, public flogging, and (in the case of Iran) the death penalty. This prohibition, in many cases, does not exclude the non-Muslim. For example; in June 2009, Catholic chef Sapon D Costa was jailed in Dhaka, Bangladesh, for possession of alcohol.[74]

Lack of hijab/un-Islamic dress

The Quran refers to the jilbab (overgarment or cloak) and the khimar (piece of cloth that covers the head), and the term hijab came to be applied to both, though today is often applied only to a head covering. The word hijab occurs in Quran 33:53 as a screen or barrier shielding the gaze of vistors from Muhammad's wives at his home. The Sunni and Shi'a schools of jurisprudence agree that a Muslim woman's head must be covered, and her body except for her hands and face in the presence of non-Mahrams, with some disagreement of detail such as whether believing slave women are similarly to be covered. Men are required to cover from the navel to the knees. This is based on their interpretation of certain Quran verses, with details provided by hadiths. Some modern interpretations argue that hijab was only for Muhammad's wives and not applicable to Muslim women today, though verses which mention the jilbab (Quran 33:59) and khimar (Quran 24:31) mention the believing women in general.

Adherence is voluntary in western countries as there are no laws enforcing hijab (though community and family pressure, especially on adolescents living with their parents, often has a similar effect). However, in some Muslim majority countries (such as Iran) hijab in one form or another is legally enforced.[75][76] In the late 2010s Saudi Arabia loosened some restrictions on the attire of women.

Mingling of unrelated men and women

The traditional view of most Islamic scholars, past and present, prohibits free-mixing between men and women. Some modernists (similarly as with hijab) argue that the Quranic verse relating to segregation Quran 33:53 applied only to Muhammad's wives and that hadiths which expand this to Muslims in general cannot be trusted as authentic. Gender segregation in Saudi Arabia is particularly well-publicised.

In 2010, a Saudi woman who filed harassment claims in Saudi Arabia without being accompanied by a male relative was sentenced to 300 lashes and 18 months in jail. Sawsan Salim lodged a series of complaints in 2007 at government offices and in court in the northern region of Qasim in which she alleged harassment by local officials, the New York-based rights group, Human Rights Watch, said. She was sentenced in January on charges of making “spurious complaints” against government officials and appearing “without a male guardian,” the group said in an e-mailed statement.[77]

In the 21st century gradual reforms in Saudi Arabia have loosened segregation restrictions in certain settings such as workplaces and restaurants and somewhat reduced the role of guardians.

Also in 2010, Hamas banned men in Gaza from working in women's hair salons because Islamic tradition forbids women from showing their hair to men who are not their husbands or blood relatives.[78]

Pornography and Prostitution

There is a general consensus that participating in and watching pornography is prohibited in Islam, violating Quranic injunctions regarding indecency and principles of human dignity. Prostitution is considered a form of zina (unlawful sexual activity) and Quran 24:33 warns slave owners not to force their slave women into prostitution.

Somalia has lashed numerous men for watching pornography.[79]

Music and Art

 
Bamiyan Buddhas before and after destruction

Though views vary widely today, music, and some other forms of art (including tattooing),[80] under Islamic law are forbidden. Western music[81] and movies in particular, have been declared as corruptive influences by Islamic clerics. The vast majority[82] of Islamic scholars and all four schools of Islamic jurisprudence[83] are in agreement that listening to, or playing musical instruments, and singing is forbidden. They form this opinion from both the Qur'an and Hadith. The only exception to this rule which can be extracted from the hadith is the permissibility of singing acapella accompanied by a duff (a hand-held one-sided drum) on special occasions (i.e. on weddings, Eid, during jihad, etc.)[84] This form of song is referred to as a Nasheed (نشيد), and the striking of the duff is permitted for women only[85] and must not be done in the presence of men.[86] There are several verses within the Qur'an which have been understood by highly respected early scholars and historians of Islam to be condemning music and singing. For example; in verse 31:6, according to the Tafseer of Ibn Kathir, "idle talks" is a reference to "singing and musical instruments."[87] While the Qur'anic verses on music and its prohibition may appear vague, the hadith are a lot clearer in regards to this issue. Authentic sources record Muhammad as saying "From among my followers there will be some people who will consider illegal sexual intercourse, the wearing of silk, the drinking of alcoholic drinks and the use of musical instruments, as lawful..."[88] and upon hearing music, Abu Bakr proclaimed "Musical instrument of Satan!"[83] The mere fact that Muhammad condemned music in the same breath as other non-Islamic activities, such as illegal sexual intercourse and drinking alcohol, is extremely suggestive and the companions (including the four Caliphs) understood this to mean prohibition.[89] As Abu Bakr stated, unless performed under the various restrictions outlined in Muhammad's Sunnah, music is considered to be of the devil.

The Islamic prohibition on images is well known, hence the lack of imagery in Islamic religious art. Multiple authentic sources record Muhammad's thoughts on images and representations of living beings, and in several he states passionately "The people who will receive the severest punishment from Allah will be the picture makers."[90] In another he says "All the painters who make pictures would be in the fire of Hell. The soul will be breathed in every picture prepared by him and it shall punish him in the Hell."[91] Muhammad refused to enter any home which was decorated with images,[92] and claimed angels would do the same with any home which contained pictures or dogs.[93] He once refused to enter the home of one of his wives (Aisha) when he noticed the decorated cushion she had purchased for him to sit on.[94] In Aisha's own words "I noticed the signs of hatred (for that) on his face!" She turned to Allah and Muhammad for repentance.[95] On another occasion, Muhammad angrily tore to pieces a carpet, hung by Aisha to screen a door.[96]

During the Taliban rule of Afghanistan between 1996 and late 2001, all forms of music and television (i.e. moving pictures) were banned. TV sets, radios, etc. were confiscated and burnt, and anyone caught with cassettes in their possession was jailed.[97] In early 2001, they destroyed the historic 1,400 year old giant (175 and 120 feet tall) Buddha statues which were located in the Bamyan Valleys.[98] While their actions may be called 'extreme', they were only adhering to a somewhat accurate interpretation of Islamic law based on the Sunnah of their prophet. Just as Muhammad had done before them, when he conquered Mecca and destroyed the 360 pagan idols which were housed at the Ka'aba, the Taliban were only destroying Afghanistan's offensive (to Muslims) pre-Islamic 'pagan' heritage and art. If the Taliban's actions are denounced by apologists as 'un-Islamic', then they must also denounce Muhammad's. The truth of the matter is that their actions were very Islamic.

Permitting things which are forbidden in most secular countries today

Islamic law permits:

Domestic violence

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:

"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,"[99]

The verse being referred to is 4:34. According to this verse, a man may not only beat his wives in certain circumstances but also beat them simply for the fear of such.[100] Whilst there are a few restrictions in regards to the practice of wife-beating (beating should be "without severity"[101], should avoid the face,[102] breaking bones,[103] and husbands should not sleep with them after beating them),[104] they hardly offer comfort to a woman who is abused with the blessings of her god. The mere fact that the husband is allowed to physically abuse his wives (very often with impunity from the law) inevitably leads many to go beyond simply 'beating' them.

Wife beating has been an accepted part of Islam since its inception. In Aisha's own words "I have not seen any woman suffering as much as the believing women. Look! Her skin is greener than her clothes!"[105] The indifference to her words displayed by Muhammad proved its legitimacy within the laws of Islam. Muhammad reportedly declared, "A man should not be asked why he beats his wife"[106] Moreover, he not only allowed Abu Bakr to slap his own child-bride Aisha,[107] but he also struck her in the chest himself,[108] and according to Aisha it was not something 'symbolic' or a 'gentle tap' on the body; it was painful.

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.[109] 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'.[110] 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.[111]

Gender disparity

Gender equality in the modern sense is generally incompatible with Islamic scriptures and jurisprudence. Activists for change have often faced opposition. For example; in the Islamic Republic of Iran, some women's rights activists have criticised the laws governing women. They say women face difficulties in "getting a divorce and criticize inheritance laws they say are unjust and the fact their court testimony is worth half that of a man's", and they also "cannot run for president or become judges."[112] Many female activists have been flogged and given hash jail sentences, numbering several years, for protesting such laws.[112] In mid 2007 Ayatollah Ali Khamenei, the supreme Leader of the Islamic Republic of Iran, responded to these allegations of discrimination, with the following:

"We are witnessing in our country that some women activists and some men are trying to play with Islamic laws....in order to harmonize them with international conventions related to women,....This is wrong....They shouldn't see the solution in changing Islamic jurisprudence laws,"[112]

He also indicated that "some Islamic rules regarding women could change if jurisprudence research led to a new understanding."[112] As outlined earlier, Islamic jurisprudence can be revised, but as it is extracted from, and cannot contradict, Shari'a (which consists of Allah's divine laws found within the Qur'an and Hadith), the outcome cannot vary very much, and is effectively set in stone when the Qur'an and Hadith give explicit instruction on something (as is the case with wife-beating). What activists are indirectly trying to reform is not Iranian laws, but Islam itself, as each of these women's rights violations are sanctioned by Islamic scripture.

Many inheritance laws are taken straight from the Qur'an. For example, according to Quran 4:11, a male inherits twice that of a female. Its the same concerning the worth of a woman's testimony in court; we find this law in Quran 2:282. Muhammad himself had been recorded by authentic Islamic sources explaining the necessity for such gender disparity within Islamic law, calling women deficient in intelligence:

Narrated Abu Said Al-Khudri: The Prophet said, "Isn't the witness of a woman equal to half of that of a man?" The women said, "Yes." He said, "This is because of the deficiency of a woman's mind."

He further explains that women are not only deficient in intelligence, but also in religion,[113] and that this has resulted in most of the dwellers of hell being women.[114] In June 2007, Saudi Cleric Abd Al-Aziz Al-Fawzan, in an attempt to counter criticism aimed at these sayings of Muhammad, had said these ahadith highlight the 'fact' that women's "twisted nature" stems from their "very creation".[115] These statements, by both Muhammad and Abd Al-Aziz Al-Fawzan, reflect the Islamic belief that Allah made Eve menstruate, suffer pregnancy and become stupid as a punishment for her transgressions in the garden, therefore all women menstruate (deficient in religion) and are created stupid (deficient in intelligence).[116] Those same authentic sources also record Muhammad condemning women in high social positions (i.e. presidents, judges, etc.), declaring "Never will succeed such a nation that makes a woman their ruler."[117]

Polygamy

Child marriage

Today, most modern Muslim countries have introduced or raised the minimum age of marriage (though child marriages continue to occur there and in some non-Muslim countries). According to traditonal jurisprudence child marriage is permitted based on precedent set by Muhammad and his companions. This practice is also traditionally understood to be sanctioned by both the Qur'an and the Hadith (though Islamic modernists generally take a different view and are skeptical towards hadiths). In the Qur'an we find this in verse 65:4. This verse deals with the Iddat (العدة‎), which is a waiting period a female must observe before she can remarry. The stipulated waiting period for a divorced girl who has not yet menstruated is three months. The meaning of this verse has been clarified by numerous tafsirs (authoritative Qur'anic commentaries) and many sahih hadith. Muhammad himself has been recorded by authentic Islamic sources explaining the meaning of this verse as "those who never had menses, their prescribed period is three months before puberty."[118] While some (but definitely not all) Western Muslims have rejected this sanction of child marriage within their holy text, this view generally holds limited sway; it is the Islamic texts themselves which hold the power, and Islamic scholars in the modern era still widely agree that contracting in marriage pre-pubescent girls and consummating such marriages when the girl is deemed physically ready is permitted. For example; the influential Muslim scholar and thinker Syed Abul A'ala Maududi (1903 - 1979) commented on verse 65:4 and those who attempt to deny scripture:

....making mention of the waiting-period for the girls who have not yet menstruated, clearly proves that it is not only permissible to give away the girl in marriage at this age but it is also permissible for the husband to consummate marriage with her. Now, obviously no Muslim has the right to forbid a thing which the Quran has held as permissible.

As has already been mentioned, Muhammad committed child marriage, and even according to the most stringent clinical definition of child marriage- the DSM-IV-TR, he was a pedophile. His actions fulfilled all three requirements needed for a positive diagnosis; he had sexual urges/relations towards/with a pre-pubescent child (generally age 13 years or younger) over a period of at least six months, he acted on those sexual urges, and he was over 16 years old and at least 5 years older than the child involved. Muhammad was engaged to Aisha bint Abu Bakr when she was only six years of age and he was fifty-one, and consummated the relationship while she was still pre-pubescent, aged just 9 years old[119] (the sahih hadiths also tell us she remained pre-pubescent until aged fifteen).[120] Some have suggested that it was the 'cultural norm' and Aisha was 'offered' in marriage by her father. However, It was Muhammad who approached Abu Bakr, and Abu Bakr originally protested.[121] However, even if she was offered to Muhammad, this does not alter the fact that as the 'uswa hasana' his actions are forever considered lawful and morally acceptable in Islam. Muhammad even justified his attraction to Aisha with a 'divine' vision from Allah.[122]

The many historical endorsements of child marriage within the Islamic traditon has been known to hinder reformist efforts to prevent this common practice in some Islamic countries, particularly when Islamic scholars enter the debate:

Because this happened to the Prophet, we cannot tell people that it is prohibited to marry at an early age.

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.[123][124] 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)[125] and the United States.[126]

Religious discrimination

Slavery and concubinage

In the Quran, hadiths and under Islamic laws, slavery is explicitly endorsed.[127] 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."[128] Muhammad himself was a slaver. Muhammad owned many male[129][130] and female[131] slaves, and also sold, captured, and had raped[132] his slaves. His wives owned slaves as well. Muhammad generally had no animosity towards slavery,[133] and at times even discouraged the freeing of slaves.[134] He once exchanged two black slaves for one Arab.[135] 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 (largely due to pressure from the West,[136] ) in the 1960's. However, the slave trade still exists in the Islamic East. As of July 2009,[137] 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",[138] and the town of Hajja, Yemen, in 2010 is home to another 300 slaves.[139] 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 European Christians who were captured and sold into the Muslim slave trade between the 16th and 19th century,[140] 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.[141] 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,[142] hence the lack of surviving descendants of black slaves in the Middle-East.

Jihad

Main Article: Jihad See also: Qur'an, Hadith and Scholars:Jihad

Rituals

Islamic Fasting

Main Articles: Adverse Effects of Islamic Fasting and The Ramadan Pole Paradox

Fasting (صوم Sawm) for thirty days every year during the Islamic month of Ramadan is the fourth Pillar of Islam, therefore it is compulsory (الفرض Fard). Fasting lasts from dawn till dusk, and Muslims must abstain from all foods, drinks, sexual intercourse,[143] and even smoking. Islamic fasting (unlike medical fasting) has numerous adverse effects that have been observed using scientific studies. These include; an increase in irritability[144][145] and crimes,[146][147][148] effects on health, such as the increased risk of diabetes,[149] dehydration,[150] tachycardia,[151] severe headaches,[151] dizziness,[151] nausea,[151] vomiting[151] and circulatory collapse.[151] It can also cause problems with sleep,[152] daytime drowsiness[153] and alertness.[154] All of these factors affect the economy in Muslim majority countries during Ramadan. For example, the productivity of Arab businesses in this period drops by a staggering seventy-eight percent.[155] Also, as the length of a fast is governed by the rising and the setting of the sun, this can cause a huge problem for those who live close to the North or South poles, since the closer one gets to the poles, the longer our days or nights become. They can eventually extend for up to several months each, making the fourth Pillar of Islam impossible to practice in its purest form without starving to death; this is likely due to Muhammad's ignorance of the global poles. Still, many Islamic scholars have said that even if a fast lasts for up to twenty hours a day, this is something a Muslim must accept.[156] Persecution of non-Muslims also rises during the month of Ramadan, with people of other faiths often being attacked in Muslim majority countries for eating or drinking in public. On August 2009, In Pakistan, two Christians were arrested and jailed for "desecrating Ramadan" by eating during daylight hours inside a hotel.[157]

The Hajj

The Hajj (حج) is another obligatory duty, being the fifth Pillar of Islam. It is a Muslim pilgrimage to Mecca, which, like the Ka'aba, the black stone, and many other aspects of Islam, has pagan origins. The pilgrimage takes place in the 12th month of the Islamic calendar, from the 7th to the 13th day of Dhu al-Hijjah.

Performing the Hajj is a physically exerting exercise, and many of the weaker pilgrims have died from it. Furthermore, Since 1987, officially there has been at least 3,315 deaths and another 1,500 injuries resulting from various accidents during the pilgrimage. These figures are extremely conservative, considering (for example) the 1994 stampede in Mecca. Officially only 250 people had died as a result of the stampede, and according to The Saudi Press Agency a total of 829 pilgrims had died during the pilgrimage for a variety of reasons, which included "old age, heart attacks" and "deaths that resulted because of the heavy throngs throwing pebbles on Monday." However witnesses, doctors and a senior Asian diplomat had said the death toll for the individual stampedes alone could have been over 1,000.[158] Efforts have been made to improve safety.

Punishments Under Islamic Law

The various methods of punishment under Sharia law, for what it deems as crimes, are extracted from both the Qur'an and the Hadith. These punishments are prescribed by Islamic scripture, so they constitute a fundamental part of the Islamic faith.

Amputation

Amputation, is the removal of part or all of a body part enclosed by skin.[159] It is a prescribed punishment in the Qur'an, and within the context of Islamic law, it refers to the removal of the hands or feet. Today, amputation is used as punishment for theft in Saudi Arabia[160] and Nigeria, which reintroduced shariah law in 1999[161], and in Somalia, a court run by an extremist Islamic group sentenced four Somali men in June of 2009 to each have a hand and a leg cut off for allegedly stealing mobile phones and guns.[162][163] In 2008, the Islamic Republic of Iran saw five double amputations in a single week--five convicted robbers were each sentenced to have their right hands and left feet amputated.[164] When the Taliban, an Islamic militant group, took over Afghanistan in 1996, within a year, public executions, amputations and stonings were a regular Friday event in Kabul.[165]

Stoning

Stoning to death (رجم Rajm) is a punishment found in hadiths but not the Quran. According to traditional interpretations of Islamic law, it is a punishment for married persons who engage in unlawful sexual relations (which include homosexual relationships). The criminals "hands are tied behind their backs and their bodies are put in a cloth sack." They are then "buried in a hole, with only the victims heads showing above the ground. If its a woman, she is buried upto her shoulders."[166] The stones which are to be thrown at the criminal "should not be so large that the offender dies after a few strikes, nor so small as to fail to cause serious injury."[167] Due to the Islamic laws on rape requiring four male eye witnesses before guilt can be ascertained, many rape victims end up being charged with 'adultery.' As was the case for a 13-year-old girl in Somalia[168] who in October of 2008 was buried up to her neck and stoned to death in front of more than 1,000 people in a football stadium. She was the victim of gang-rape. Incidents of stonings have been reported in Iraq and Pakistan, and forms a part of Afghan, Iranian, Nigerian, Indonesian, Sudanise, Saudi Arabian, and United Arab Emirate law.[169] The Qur'an itself does not explicitly mention the act, but there are several Sahih (authentic) Hadith which speak of Muhammad ordering people to be stoned to death. According to hadith, the Qur'anic verses of stoning were written on a piece of paper and were lost when a goat ate the paper.[170]

Crucifixion

Crucifixion (صلبه Salb) typically refers to the method of execution and/or torture by tying and/or nailing someone to a cross, stake or tree. It can also refer to the method of public display of a body after execution, such as the incident in Saudi Arabia when a convicted killer was beheaded and his body was "crucified".[171] Whereas Constantine the Great, the first Christian emperor, abolished crucifixion in the Roman Empire in AD 337, out of veneration for Jesus Christ, the most famous victim of crucifixion,[172] Muhammad perpetuated the practice by declaring it a prescribed punishment in the Qur'an (Quran 5:33). Crucifixion as a method of torture and execution has reportedly been used in Sudan and Iraq[173][174] and it is still a part of Iran's criminal code.[175] Hamas, the Islamic governing body of Gaza, reinstated the penalty of crucifixion in 2008.[176]

External Links

References

  1. "A'isha reported Allah's Messenger (may peace be upon him) as saying: He who innovates things in our affairs for which there is no valid (reason) (commits sin) and these are to be rejected." - Sahih Muslim 18:4266
  2. "Narrated Aisha: Allah's Apostle said, "If somebody innovates something which is not in harmony with the principles of our religion, that thing is rejected." - Sahih Bukhari 3:49:861
  3. Khalid Baig - Sunnah and Bid'ah - Albalagh, May 5, 2001
  4. Concept of Bidah in Islam - Alahazrat International Islamic Web
  5. David G. Littman - Human Rights and Human Wrongs - National Review, January 19, 2003
  6. Articles 24 and 25 of the Cairo Declaration on Human Rights in Islam
  7. The Cairo Declaration and the Universality of Human Rights - International Humanist and Ethical Union, May 28, 2008
  8. "Comparison of Islam, Judaism and Christianity" (archived from the original), http://archive.is/20120915/http://www.religionfacts.com/islam/comparison_charts/islam_judaism_christianity.htm.  - ReligionFacts
  9. "....I [Muhammad] invite you [Emperor Heraclius] to Islam (i.e. surrender to Allah), embrace Islam and you will be safe...." - Sahih Bukhari 4:52:191
  10. "Somali president bends to rebel demand for sharia law" (archived from the original), http://archive.is/20120915/http://edition.cnn.com/2009/WORLD/africa/02/28/somalia.sharia/index.html.  - CNN, February 28, 2009
  11. "Ruling on democracy and elections and participating in that system" (archived from the original), http://archive.is/20120915/http://www.islamqa.com/en/ref/107166.  - Islam Q&A, Fatwa No. 107166
  12. 12.0 12.1 "Should he turn to the human rights organizations to get his rights?" (archived from the original), http://archive.is/20120915/http://www.islamqa.com/en/ref/98301.  - Islam Q&A, Fatwa No. 98301
  13. Imam Khomeini (Translated by Prof. Hamid Algar) - "Islamic Government: Governance of the Jurist" (archived from the original), http://archive.is/20120915/http://www.al-islam.org/islamicgovernment.  - Published by: The Institute for Compilation and Publication of Imam Khomeini's Works (International Affairs Department)
  14. Shaykh 'Abdur Rahman 'Abdul Khaliq - "Al Hukm is Only For Allah" (archived from the original), http://archive.is/20120915/http://islamicweb.com/beliefs/creed/Alhukm-Is-For-Allah.htm.  - IslamicWeb
  15. Tafsir Ibn Kathir - "Making Legislation for the Creatures is Shirk Allah says:" (archived from the original), http://archive.is/20120915/http://abdurrahman.org/qurantafseer/ibnkathir/ibnkathir_web/42.47127.html.  - Surah No.42
  16. Abandoning the ruling of Allah! - YouTube
  17. Questions about Apostasy (Blasphemy) - Al Sunna.org
  18. 18.0 18.1 "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.'"" - Sahih Bukhari 9:84:57
  19. "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."" - Sahih Bukhari 9:83:17
  20. "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 ""The Punishment of the Apostate According to Islamic Law" (archived from the original), http://archive.is/20120915/http://www.answering-islam.org/Hahn/Mawdudi/index.htm. ", by Abul Ala Maududi
  21. "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." - Sahih Bukhari 9:84:58
  22. For further details, see: Qur'an, Hadith and Scholars:Apostasy
  23. Silas - "The Punishment for Apostasy from Islam/ Jurisprudence - E. Agreement of the Leading Mujtahids (Jurists)" (archived from the original), http://archive.is/20120915/http://www.answering-islam.org/Silas/apostasy.htm.  - Answering Islam
  24. 'Abdurrahmani'l-Djaziri - "The Penalties for Apostasy in Islam According to the Four Schools of Islamic Law" (archived from the original), http://archive.is/20120915/http://www.light-of-life.com/eng/ilaw/l5721et1.htm%23p19.  - "The Case of the Female Apostate" (Pg. 19)
  25. "....So, on that day, Allah's Apostle got up on the pulpit and complained about 'Abdullah bin Ubai (bin Salul) before his companions, saying, 'O you Muslims! Who will relieve me from that man who has hurt me with his evil statement about my family? By Allah, I know nothing except good about my family and they have blamed a man about whom I know nothing except good and he used never to enter my home except with me.' Sad bin Mu'adh the brother of Banu 'Abd Al-Ashhal got up and said, 'O Allah's Apostle! I will relieve you from him...." - Sahih Bukhari 5:59:462
  26. "....The apostle said, "Who will deal with this rascal [Abu `Afak] for me?" Whereupon Salim b. Umayr, brother of B. Amr b. Auf, one of the "weepers", went forth and killed him....." - "Sirat Rasul Allah" by Ibn Ishaq page 675
  27. "....Allah’s Apostle said, ‘Who would kill Ka’b bin Al-Ashraf as has harmed Allah and His Apostle? Muhammad bin Maslama (got up and) said, ‘I will kill him.’...." - Sahih Bukhari 3:45:687
  28. "....When the apostle heard what she had said he said, "Who will rid me of Marwan's daughter [Asma Bint Marwan]?" `Umayr b. `Adiy al-Khatmi who was with him heard him, and that very night he went to her house and killed her....." - "Sirat Rasul Allah" by Ibn Ishaq page 675, 676
  29. "....So I took a dagger, put it on her belly and pressed it till I killed her. Thereupon the Prophet (peace be upon him) said: Oh be witness, no retaliation is payable for her blood....." - Sunan Abu Dawud 38:4348
  30. Siraj Khan. "Blasphemy against the Prophet", in Muhammad in History, Thought, and Culture (editors: Coeli Fitzpatrick and Adam Hani Walker). ISBN 978-1610691772 pp. 62-63
  31. These two killings involve a repeated topos as mentioned in the section below on modern scholarship.
  32. For example Iffat khalid & Shamana Munawar, Blasphemy law of Islam-Misconceptions and Fallacy, Journal of Islamic Studies and Culture (2015), Vol. 3, No. 1, pp. 48-57 DOI: 10.15640/jisc.v3n1a7
  33. For example the al-Mawrid institute of reformist scholars in Pakistan Punishment of blasphemy based on a hadith narrative - al-mawrid.org, August 2020
  34. "Eight Christians burned alive in Punjab" (archived from the original), http://archive.is/20120915/http://www.asianews.it/index.php?l=en&art=15943&size=A.  - Asia News, August 2, 2009
  35. "Muslims burn 75 Christian homes and 2 churches in Punjab" (archived from the original), http://archive.is/20120915/http://www.asianews.it/index.php?l=en&art=15941&size=A.  - Asia News, August 1, 2009
  36. 50 More Homes Burned in Gojra - Jubilee Campaign, August 5, 2009
  37. "Murder of priest 'religious revenge'". Independent Online. 2006-02-08
  38. "JOURNALISM FOR INTEGRATION - THE MUHAMMAD CARTOONS" (archived from the original), http://archive.is/20120915/http://www.britannica.com/bps/additionalcontent/18/25734739/JOURNALISM-FOR-INTEGRATION-THE-MUHAMMAD-CARTOONS.  - Encyclopedia Britannica
  39. "Yale Removes Cartoons of Prophet Muhammad From Forthcoming Book, Citing Fears of Violence" (archived from the original), http://archive.is/20120915/http://www.foxnews.com/story/0,2933,547572,00.html.  - Fox News, September 08, 2009
  40. "Teddy teacher: Lawyer expects her to be pardoned after visit from British Muslim peers" (archived from the original), http://archive.is/20120915/http://www.dailymail.co.uk/news/article-498689/Teddy-teacher-Lawyer-expects-pardoned-visit-British-Muslim-peers.html.  - Mail Online, December 01, 2007
  41. "Jailed teddy row teacher appeals for tolerance" (archived from the original), http://archive.is/20120801/http://www.guardian.co.uk/world/2007/nov/30/uk.schoolsworldwide.  - Allegra Stratton - Guardian, November 30, 2007
  42. "Calls in Sudan for Execution of British Teacher" (archived from the original), http://archive.is/20120915/http://www.nytimes.com/2007/12/01/world/africa/01sudan.html.  - The New York Times, November 30, 2007
  43. "Armed Mob Wants British Teacher Dead" (archived from the original), http://archive.is/20120915/http://www.newser.com/story/12982/armed-mob-wants-british-teacher-dead.html.  - Sam Gale Rosen - Newser, November 30, 2007
  44. Calls in Sudan for execution of Briton - Mohamed Osman - Associated Press, November 30, 2007
  45. Khartoum demo calls for teacher to be shot - Charles Onians - Agence France Press, 30 November 2007
  46. Dr. Koenraad Elst - "Afterword: The Rushdie Affair's Legacy" (archived from the original), http://archive.is/20120710/http://koenraadelst.voiceofdharma.com/articles/misc/rushdie.html. 
  47. Pipes, (1990) p.169-171
  48. "Riverdale Press To Be Honored" (archived from the original), http://archive.is/20120915/http://www.nytimes.com/1989/05/09/arts/riverdale-press-to-be-honored.html.  - New York Times - Tuesday, May 9, 1989
  49. ”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
  50. IslamOnline.net - Death Fall as Punishment for Homosexuality
  51. See the chapter on "hudud" in Sharaya and Sharh Lum'a also al-Khu'i, Takmilah, p. 42-44.
  52. Sunan Abu Dawud 38:4447
  53. Sahih Bukhari 7:72:774
  54. Islam's Love-Hate Relationship with Homosexuality - Serge Trifkovic - FrontPageMag, January 24, 2003
  55. WikiPedia - Homosexuality laws in Muslim countries
  56. 56.0 56.1 "The Iranian Letters - The New Dark Ages" (archived from the original), http://archive.is/20120915/http://www.iranian.com/Letters/1999/September/gay.html. 
  57. Malaysian State Legislature Passes Bill on Strict Islamic Criminal Code
  58. homosexuals in turkey: istanbul week for gay rights
  59. Alex B. Leeman [https://ilj.law.indiana.edu/articles/84/84_2_Leeman.pdf Interfaith Marriage in Islam: An Examination of the Legal Theory Behind the Traditional and Reformist Positions] Islamic Law Journal, Vol. 85, pp. 756-759
  60. "....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
  61. "....the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever plays games of dice has disobeyed Allah and His Messenger."...." - Al-Muwatta 52:6, See also Al-Muwatta 52:7
  62. 62.0 62.1 "....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...." - Sahih Muslim 28:5612, See also Al-Muwatta 52:7
  63. Living Religions: An Encyclopaedia of the World's Faiths, Mary Pat Fisher, 1997, page 338, I.B. Tauris Publishers,
  64. "...No bad effect is there in it, nor from it will they be intoxicated...." - Quran 37:45-47
  65. "....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
  66. "....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...." - Sahih Bukhari 4:53:324
  67. "....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...." - Sahih Bukhari 4:53:324
  68. "....Allah's Apostle (may peace be upon him) gave a beating with palm branches and shoes [for drinking wine],...." - Sahih Muslim 17:4226
  69. "....Allah's Apostle (may peace be upon him). He gave him forty stripes with two lashes....." - Sahih Muslim 17:4226
  70. "....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...." - Sunan Abu Dawud 38:4469
  71. "....Thereupon Abd al-Rahman b. Auf said: My opinion is that you fix it as the mildest punishment. Then 'Umar inflicted eighty stripes....." - Sahih Muslim 17:4228
  72. "Malaysian model seeks public flogging for drinking" (archived from the original), http://archive.is/20120915/http://www.thejakartapost.com/news/2009/08/20/malaysian-model-seeks-public-flogging-drinking.html.  - The Associated Press, August 20, 2009
  73. Prohibition
  74. "Catholic chef has a “really rough time in Dhaka’s central jail”" (archived from the original), http://archive.is/20120915/http://www.asianews.it/index.php?l=en&art=15493&size=A.  - Asia News, June 11, 2009
  75. "Iranian morals police arrest 230 in raid on 'satanist' rave", Live Leak, August 6, 2007. 
  76. "Women detained for not wearing veil in Bangladesh" (archived from the original), http://archive.is/20120915/http://www.weeklyblitz.net/568/women-detained-for-not-wearing-veil-in-bangladesh.  - Special Correspondent - Weekly Blitz, March 3, 2010
  77. Saudi Woman Gets 300 Lashes, Jail for Complaints, Group Says - Henry Meyer - BusinessWeek, March 3, 2010
  78. "Hamas Bans Men From Women's Hair Salons" (archived from the original), http://archive.is/20120915/http://www.foxnews.com/story/0,2933,588027,00.html.  - Associated Press - Fox News, March 4, 2010
  79. "Somali Men Get 40 Lashes For Watching Pornography" (archived from the original), http://archive.is/20120915/http://www.newstimeafrica.com/archives/9386.  - Shafii Mohyaddin Abokar - Newstime Africa, December 1, 2009
  80. "....The Prophet forbade the acceptance of the price of a dog or blood, and also forbade the profession of tattooing, getting tattooed...." - Sahih Bukhari 3:34:299 See also Sahih Bukhari 3:34:440, Sahih Bukhari 7:72:829, and Sahih Bukhari 7:72:845
  81. "Iran arrests 230 in raid on illegal rock concert", ABC News (Australia), 4 August 2007. 
  82. "Music is Haram" (archived from the original), http://archive.is/20120915/http://www.themuslimwoman.com/beware/MusicisHaram.htm.  - The Muslim Women
  83. 83.0 83.1 "Music" (archived from the original), http://archive.is/20120915/http://www.islamicawakening.com/viewarticle.php?articleID=312.  - Shariffa Carlo - Islam Awakening
  84. "....innocent singing, unaccompanied by musical instruments other than the daff(small hand drum) is permissible are specified in the Sunnah. These are: 1) Jihaad. During jihad and other struggles in the way of Allah, battle songs are of great moral and spiritual benefit to the fighters...." - "Music - BEATING THE DUFF" (archived from the original), http://archive.is/20120915/http://islamicarticles.wordpress.com/music/.  - Islamic Articles
  85. "....What is mustahabb (recommended) is to beat on the daff [simple hand drum] at weddings. This is mustahabb for women only, in order to announce the wedding and to distinguish it from fornication....As for men, it is not permissible for them to play any kind of musical instrument, whether at weddings or on any other occasion...." - "Music - BEATING THE DUFF" (archived from the original), http://archive.is/20120915/http://islamicarticles.wordpress.com/music/.  - Islamic Articles
  86. "....According to the Sunnah, females can sing and beat the duff on the two ‘Eids (specific Muslim celebrations) and to announce a Muslim wedding amongst themselves, and their voices shouldn’t be raised loud enough or near enough to be heard by the men." - "Music - BEATING THE DUFF" (archived from the original), http://archive.is/20120915/http://islamicarticles.wordpress.com/music/.  - Islamic Articles
  87. "Ruling on music, singing and dancing - Fatwa No. 5000" (archived from the original), http://archive.is/20120915/http://www.islamqa.com/en/ref/5000/music.  - Islam Q&A
  88. Sahih Bukhari 7:69:494v
  89. "....The companions unanimously agreed upon the prohibition of music and song but allowed particular exceptions specified by the authentic sunnah....Also, the four Khalifas, the fuqahaa among the saahabah such as Ibin Abaas, Ibin Umar, and Jaabir bin Abdullah as well as the general body of saahabah." - Al Qurtubi's Tafseer, vol 14, pp51-52, and Al-Aaloosi's Tafseer, Roohul Ma'aani, vol. 21, pp. 66-68)
  90. "....We were with Masruq at the house of Yasar bin Numair. Masruq saw pictures on his terrace and said, "I heard 'Abdullah saying that he heard the Prophet saying, "'The people who will receive the severest punishment from Allah will be the picture makers."...." - Sahih Bukhari 7:72:834
  91. "....I am going to narrate to you what I heard from Allah's Messenger (may peace be upon him). I heard him say: All the painters who make pictures would be in the fire of Hell. The soul will be breathed in every picture prepared by him and it shall punish him in the Hell...." - Sahih Muslim 24:5272
  92. "....Fatimah said to Ali: Follow him [Muhammad] and see what turned him back. I (Ali) followed him and asked: What turned you back, Apostle of Allah? He replied: It is not fitting for me or for any Prophet to enter a house which is decorated...." - Sunan Abu Dawud 27:3746
  93. "....I came to 'A'isha and said to her: This is a news that I have received that Allah's Apostle (may peace be upon him) had said: Angels do not enter the house in which there is a picture or a dog,...." - Sahih Muslim 24:5254
  94. "....Narrated 'Aisha (the wife of the Prophet): I bought a cushion having pictures on it. When Allah's Apostle saw it, he stopped at the gate and did not enter...." - Sahih Bukhari 7:72:844
  95. "....I noticed the signs of hatred (for that) on his face! I said, "O Allah's Apostle! I turn to Allah and His Apostle in repentance! What sin have I committed?" He said, "What about this cushion?"...." - Sahih Bukhari 7:72:844
  96. "....I took a carpet and screened the door with it. When he (the Holy Prophet) came back he saw that carpet and I perceived signs of disapproval on his face. He pulled it until it was torn or it was cut (into pieces)...." - Sahih Muslim 24:5254
  97. "The censorship of music in Afghanistan" (archived from the original), http://archive.is/20120630/http://www.rawa.org/music.htm.  - RAWA, April 24, 2001
  98. A Profile On Bamyan Civilization - Ishaq Mohammadi
  99. "Muslim cleric: Some wives need to be beaten" (archived from the original), http://archive.is/20120915/http://www.wnd.com/news/article.asp?ARTICLE_ID=40276.  - WorldNetDaily, September 03, 2004
  100. "....and (as to) those on whose part you fear desertion, admonish them, and leave them alone in the sleeping-places and beat them...." - Quran 4:34
  101. "Fear Allaah regarding women for you have got them under Allah’s security and have the right to intercourse with them by Allaah’s word. It is a duty from you on them not to allow anyone whom you dislike to lie on your beds but if they do beat them, but not severely. You are responsible for providing them with food and clothing in a fitting manner." - Sunan Abu Dawud 10:1900
  102. "....you should give her food when you eat, clothe her when you clothe yourself, do not strike her on the face...." - Sunan Abu Dawud 11:2137
  103. "....that you should not break her bones or leave a bruise...." - al-Tabari, 5:68-69
  104. ".... The Prophet said, "None of you should flog his wife as he flogs a slave and then have sexual intercourse with her in the last part of the day."" - Sahih Bukhari 7:62:132
  105. "...so when Allah's Apostle came, 'Aisha said, "I have not seen any woman suffering as much as the believing women. Look! Her skin is greener than her clothes!"..." - Sahih Bukhari 7:72:715
  106. "It was narrated that Ash'ath bin Qais said: "I was a guest (at the home) of 'Umar one night, and in the middle of the night he went and hit his wife, and I separated them. When he went to bed he said to me: 'O Ash'ath, learn from me something that I heard from the Messenger of Allah" A man should not be asked why he beats his wife, and do not go to sleep until you have prayed the Witr."' And I forgot the third thing."" - Sunan Ibn Majah 3:9:1986
  107. "....Abu Bakr (Allah be pleased with him) then got up went to 'A'isha (Allah be pleased with her) and slapped her on the neck, and 'Umar stood up before Hafsa and slapped her saying: You ask Allah's Messenger (may peace be upon him) which he does not possess...." - Sahih Bukhari 1:7:330
  108. "...He said: Was it the darkness (of your shadow) that I saw in front of me? I said: Yes. He struck me on the chest which caused me pain, and then said: Did you think that Allah and His Apostle would deal unjustly with you?..." - Sahih Muslim 4:2127
  109. "Afghan women hiding for their lives" (archived from the original), http://archive.is/20120915/http://edition.cnn.com/2009/WORLD/asiapcf/09/23/afghanistan.women.abuse/index.html.  - CNN
  110. "PAKISTAN: Domestic violence endemic, but awareness slowly rising" (archived from the original), http://archive.is/20120915/http://www.stopvaw.org/PAKISTAN_Domestic_violence_endemic_but_awareness_slowly_rising.html.  - The Advocates for Human Rights
  111. http://www.toplumpostasi.net/index.php/cat/9/news/9633/PageName/English
  112. 112.0 112.1 112.2 112.3 ""Don't "play" with Islamic law, Iranian women told" (archived from the original), http://archive.is/20120915/http://www.reuters.com/article/worldNews/idUSDAH44354320070704. ", Reuters, Jul 4, 2007
  113. "....Isn't it true that a woman can neither pray nor fast during her menses?" The women replied in the affirmative. He said, "This is the deficiency in her religion."...." - Sahih Bukhari 1:6:301
  114. "....Then he passed by the women and said, "O women! Give alms, as I have seen that the majority of the dwellers of Hell-fire were you (women)." They asked, "Why is it so, O Allah's Apostle ?"...." - Sahih Bukhari 1:6:301
  115. [Islam: Women are "deficient in intelligence" (video)] - MEMRI
  116. "His Lord called out to him: Adam, is it from Me that you are fleeing? Adam replied: No, my Lord, but I feel shame before You. When God asked what had caused his trouble, he replied: Eve, My Lord. Whereupon God said: Now it is My obligation to make her bleed once every month, as she made this tree bleed. I also must make her stupid, although I created her intelligent (halimah), and must make her suffer pregnancy. Ibn Zayd continued: Were it not for the affliction that affected Eve, the women of this world wound not menstruate, and they would be intelligent and, when pregnant, give birth easily." - Al-Tabari 1:280
  117. "....When the Prophet heard the news that the people of the Persia had made the daughter of Khosrau their Queen (ruler), he said, "Never will succeed such a nation as makes a woman their ruler."...." - Sahih Bukhari 9:88:219
  118. "and those who never had menses, their prescribed period is three months before puberty, which indicates that giving her into marriage before puberty is permissible." - "Hadith in Arabic from Al-Islam.com" (archived from the original), http://archive.is/20120915/http://hadith.al-islam.com/display/Display.asp?Doc=0&Rec=7644. 
  119. "....the Prophet married her when she was six years old and he consummated his marriage when she was nine years old...." - Sahih Bukhari 7:62:64
  120. "....Dr Muhsin Khan in the official text published in Islamic University - Al-Medina Al-Munauwara, Saudi Arabia says in two related ahadith that Aisha had not reached puberty when she was 15 years old...."
  121. "....The Prophet asked Abu Bakr for 'Aisha's hand in marriage. Abu Bakr said "But I am your brother."...." - Sahih Bukhari 7:62:18
  122. "....You were shown to me twice (in my dream) before I married you. I saw an angel carrying you in a silken piece of cloth, and I said to him, 'Uncover (her),' and behold, it was you. I said (to myself), 'If this is from Allah, then it must happen....." - Sahih Bukhari 9:87:140
  123. "America Magazine: Child Marriage in Afghanistan and Pakistan, by Andrew Bushell; March 11, 2002" (archived from the original), http://archive.is/20120915/http://www.americamagazine.org/content/article.cfm?article_id=1631. 
  124. "Americans For UNFPA: Virtual Slavery: The Practice of “Compensation Marriages” by Net Community of AfUNFPA; last retrieved Monday, 08 December 2008" (archived from the original), http://archive.is/20120915/http://www.americansforunfpa.org/NetCommunity/Page.aspx?pid=630. 
  125. "Ten-fold rise in forced marriages in just four years" (archived from the original), http://archive.is/20120915/http://www.dailymail.co.uk/news/article-1196955/Ten-fold-rise-forced-marriages-just-years.html.  - The Daily Mail July 2, 2009
  126. Christine Vendel - Man charged with statutory rape in ‘marriage’ to 14-year-old girl - The Kansas City Star, November 8, 2009
  127. "....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...." - Sunan Abu Dawud 11:2126
  128. 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
  129. "Slavery in Islam: Chapter 5" (archived from the original), http://archive.is/20120915/http://answering-islam.org./BehindVeil/btv5.html.  - Answering Islam
  130. "Zad al-Ma'ad" by Ibn Qayyim al-Jawziyya Part 1, Pages 114-116
  131. "Zad al-Ma'ad" by Ibn Qayyim al-Jawziyya Part 1, Pages 114-116
  132. "....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
  133. "....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."...." - Sahih Bukhari 1:8:439
  134. "...."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." - Sahih Bukhari 3:47:765
  135. "....Allah's Apostle (may peace be upon him) said: Sell him to me. And he bought him for two black slaves,...." - Sahih Muslim 10:3901
  136. Brunschvig. 'Abd; Encyclopedia of Islam
  137. Nick Meo - Half a million African slaves are at the heart of Mauritania's presidential election - Telegraph, July 12, 2009
  138. E. Benjamin Skinner - Pakistan's Forgotten Plight: Modern-Day Slavery - TIME, October 27, 2009
  139. Jamal al-Jaberi - 'Slaves' in impoverished Yemen still dream of freedom - AFP, July 20, 2010
  140. Christian Slaves, Muslim Masters: White Slavery in the Mediterranean; the Barbary Coast and Italy 1500 - 1800, by Robert Davis, Palgrave MacMillan, 2004
  141. The Scourge of Slavery - Christian Action, 2004 Vol 4
  142. Islam's Black Slaves, by Ronald Segal, Farrar, New York, 2001
  143. "Fasting and Tafsir of Ma’ariful Qur’an" (archived from the original), http://archive.is/20120904/http://www.haqislam.org/fasting-in-quran/.  - Haq Islam
  144. Psychosomatic Medicine 2000 Mar-Apr 62:2 280-5 (pdf)
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  146. Ramadan saw rise in violent domestic crimes - Daily News, Egypt
  147. "4 Gold Shop Robbers Killed, 2 Caught During Police Raids Across the City" (archived from the original), http://archive.is/20120915/http://thejakartaglobe.com/home/4-gold-shop-robbers-killed-2-caught-during-police-raids-across-the-city/326794. 
  148. "Ramadan Crime" (archived from the original), http://archive.is/20120915/http://www.indonesiamatters.com/762/ramadan-crime/. 
  149. Ramadan: Productivity of Arab Businesses Drops by 78%
  150. El-Hazmi, Al-Faleh, & Al-Mofleh, 1987; Kayikcioglu et al., 1999; Ramadan et al., 1999; Schmahl & Metzler, 1991; Sweileh et al., 1992
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  156. "Indeed, the fasts may be twenty hours long, but this is something one will have to adhere to." in extreme latitudes - Sunnipath.com Q&A
  157. Christians Arrested for Eating During Muslim Holiday - ICC
  158. "At Least 250 Muslims Die in Mecca Stampede" (archived from the original), http://archive.is/20120915/http://www.nytimes.com/1994/05/25/world/at-least-250-muslims-die-in-mecca-stampede.html.  - NY Times, May 25, 1994
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  161. "Nigerian Islamic court orders amputation - Mail & Guardian Online - September 19, 2005" (archived from the original), http://archive.is/20120915/http://www.mg.co.za/article/2005-09-19-nigerian-islamic-court-orders-amputation. 
  162. "Islamic Extremists Sentence 4 Somalis to Amputations - Associated Press, FoxNews.com - June 22, 2009" (archived from the original), http://archive.is/20120915/http://www.foxnews.com/story/0,2933,528139,00.html. 
  163. "Somali Islamists Amputate Teenagers` Hands, Legs - JAVNO, June 25, 2009" (archived from the original), http://archive.is/20120915/http://www.javno.com/en-world/somali-islamists-amputate-teenagers-hands-legs_267541. 
  164. "Spate of Executions and Amputations in Iran - Nazila Fathi, The New York Times - January 11, 2008" (archived from the original), http://archive.is/20120909/http://www.nytimes.com/2008/01/11/world/middleeast/11iran.html. 
  165. "Flashback: When the Taleban took Kabul - Terence White, former AFP correspondent in Kabul - BBC News - October 15, 2001" (archived from the original), http://archive.is/20120713/http://news.bbc.co.uk/2/hi/south_asia/1600136.stm. 
  166. "What happens in Stoning?" (archived from the original), http://archive.is/20120915/http://www.apostatesofislam.com/media/stoning.htm.  - apostatesofislam.com
  167. "Should Sharia laws be reconsidered?" (archived from the original), http://archive.is/20120915/http://www.iheu.org/node/262.  - Sandhya Jain - International Humanist and Ethical Union, March 9, 2004
  168. "Stoning victim 'begged for mercy'" (archived from the original), http://archive.is/20120712/http://news.bbc.co.uk/1/hi/world/africa/7708169.stm.  - BBC News, November 4, 2008
  169. "Stoning - Frequently Asked Questions about Stoning" (archived from the original), http://archive.is/20120915/http://www.stop-stoning.org/faq_stoning.  - stop-stoning.org
  170. References: Musnad Ahmad bin Hanbal. vol. 6. page 269; Sunan Ibn Majah, page 626; Ibn Qutbah, Tawil Mukhtalafi 'l-Hadith (Cairo: Maktaba al-Kulliyat al-Azhariyya. 1966) page 310; As-Suyuti, ad-Durru 'l-Manthur, vol. 2. page 13
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  172. ""crucifixion" - Encyclopædia Britannica Online - 2009" (archived from the original), http://archive.is/20120729/http://www.britannica.com/EBchecked/topic/144583/crucifixion. 
  173. Sudanese slave 'crucified' by his master not unusual in central African nation - Michael Ireland (Chief Correspondent, ASSIST News Service) - November 9, 2004
    7 Christians mutilated & Crucified During a Series of Raids on Villages - Simon Caldwell (The Catholic Herald) - 25 September 2009
  174. "Christians in Iraq, including converts from Islam and people involved in mixed-faith marriages, are being crucified by Muslim terrorists, according to a Dutch member of Parliament studying the war-torn country (WorldNetDaily.com) July 17, 2007" (archived from the original), http://archive.is/20120915/http://www.wnd.com/news/article.asp?ARTICLE_ID=56726. 
  175. ""Case Study in Iranian Criminal System" - Ehsan Zar Rokh, University of Tehran - 2008" (archived from the original), http://archive.is/20120915/http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1108208. 
  176. Hamas Reinstates Crucifixions of Christians - Nicole Jansezian - January 9, 2009