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Shari'ah (Islamic Law): Difference between revisions
Brought more up to date; additional balance; removed 4 of the hadith/sira killings as people pointed out those 4 have mixed reasons as per main article; added flogging sub-section and another on Sharia in modern legal systems.
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'''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 | '''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, belonging to various legal schools ([[Madh'hab|Madhabs]]), who rely also on [[Daleel|Ijma and Qiyas]] (consensus and analogy). The term Shari'ah is also often applied to its body of law. | ||
Sharia based laws exist in about half of the world's Muslim-majority countries, typically as a basis for personal status laws (areas such as marriage and divorce, inheritance, and child custody), and about a dozen Muslim countries apply sharia to criminal law, in part or in full.<ref>Kali Robinson[https://www.cfr.org/backgrounder/understanding-sharia-intersection-islam-and-law Understanding Sharia: The Intersection of Islam and the Law] Council on Foreign Relations, 2021</ref> Most Muslim-majority countries also legislate punishments for blasphemy (as do many Christian countries).<ref>[https://persecution.exmuslims.org/countries Persecution tracker - Countries profile] - exmuslims.org</ref> | |||
In modern times, Islamic modernist scholars have grown in influence, "reopening the door of [[Ijtihad]]" (independent legal reasoning).<ref>https://www.britannica.com/topic/sharia/Reform-of-sharia-law Reform of Sharia Law] - Encyclopedia Britannica website</ref> Islamic modernists tend to reject or contextualise traditional Islamic jurisprudence and take a historical-critical approach to the authenticity of hadiths. Dr. Khaled Abou El Fadl is a Professor of Law at UCLA and an example of a prominent modernist Islamic scholar and jurist. The concepts of maqasid (overall aims) and maslaha (public interest) have been used in various countries in an attempt to balance modern needs with Islamic principles. Moving in the opposite direction, the revived Taliban regime in Afghanistan and various Salafi-Jihadist and Islamist political groups around the world have implemented or seek to enforce Sharia based laws, sometimes with an extreme methodology.<ref>Amal Sethi (2025) [https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5037098 The Rule Of Law In Afghanistan: Prospects Under The Taliban Rule] in Marek Safjan (ed), The Revival of the Rule of Law Issue, 57-78</ref> | |||
==Shari'ah== | ==Shari'ah== | ||
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...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.}} | ...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.}} | ||
===Sharia in modern legal systems=== | |||
Sharia is incorporated to a widely varying extent into the legal systems of the modern Muslim world. Kali Robinson of the Council on Foreign Relations writes, "European-style law also influences legal systems in Muslim countries, even in Iran and Saudi Arabia, which claim to only follow Islamic law. This owes in part to the effects of colonialism, the requirements for economic modernization, and the fact that many of the elite who built the legal systems in Muslim-majority countries had Western educations". She describes the general situation as follows: | |||
{{Quote|[https://www.cfr.org/backgrounder/understanding-sharia-intersection-islam-and-law Understanding Sharia: The Intersection of Islam and the Law] Kali Robinson, Council on Foreign Relations, 2021|About half of the world’s Muslim-majority countries have some sharia-based laws, typically governing areas such as marriage and divorce, inheritance, and child custody. Only about a dozen Muslim countries apply sharia to criminal law, in part or in full.</BR> | |||
[...]</BR> | |||
Opinions on the best balance of Islamic law and secular law vary, but political systems tend to incorporate sharia-based laws in three ways:</BR> | |||
'''Dual legal system''' In some countries with large Muslim populations, such as Malaysia and Nigeria, the government has a secular judicial system but Muslims can choose to bring certain matters to Islamic courts. The exact jurisdiction of these courts varies by country but usually includes marriage, divorce, inheritance, and guardianship.</BR> | |||
'''Government under God''' In countries where Islam is the official religion, the constitution designates sharia as “a source,” or sometimes “the source,” of the law. Examples of the former include Afghanistan and Saudi Arabia, while Bahrain, Kuwait, and the United Arab Emirates are among those that apply Islamic law in personal but not civil or criminal matters. In Pakistan, Iran, and Iraq, among others, it is forbidden to enact legislation that is antithetical to Islam. Non-Muslims are not expected to obey sharia, and, in most countries, they are under the jurisdiction of special government committees and adjunct courts.</BR> | |||
'''Secularism''' Muslim countries where the government is formally secular include Azerbaijan, Chad, Senegal, Somalia, Tajikistan, and Turkey. Still, Islamist parties run for office and occasionally take power in these countries. Turkey’s ruling Justice and Development Party (AKP) is one such example.}} | |||
For details on the incorporation of sharia into specific areas of modern legal systems, see the sections below. | |||
Regarding Muslim-minority countries, Robinson adds: | |||
{{Quote|[https://www.cfr.org/backgrounder/understanding-sharia-intersection-islam-and-law Understanding Sharia: The Intersection of Islam and the Law] Kali Robinson, Council on Foreign Relations, 2021|Some governments let independent religious authorities apply and adjudicate their faith’s laws in certain situations. For instance, the United Kingdom (UK) allows Islamic tribunals governing marriage, divorce, and inheritance to make legally binding decisions if both parties agree. Similar mechanisms exist for Jewish and Anglican communities. In Israel, Christians, Jews, and Muslims can adjudicate matters of family law in religious courts, as can members of a few other faiths. Additionally, Muslim-minority countries such as Australia, Japan, the UK, and the United States allow Islamic banking, or sharia-compliant banking.}} | |||
===Shari'ah and Human Rights=== | ===Shari'ah and Human Rights=== | ||
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{{Quote|1=[{{Reference archive|1=http://www.guardian.co.uk/world/2008/oct/23/religion-islam|2=2011-11-01}} Sharia law incompatible with human rights legislation, Lords say]<BR>Afua Hirsch, legal affairs correspondent, The Guardian, October 23, 2008|2=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.}} | {{Quote|1=[{{Reference archive|1=http://www.guardian.co.uk/world/2008/oct/23/religion-islam|2=2011-11-01}} Sharia law incompatible with human rights legislation, Lords say]<BR>Afua Hirsch, legal affairs correspondent, The Guardian, October 23, 2008|2=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.}} | ||
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.<ref>"''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.''" - {{Muslim|18|4266}}</ref><ref>"''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.''" - {{Bukhari|3|49|861}}</ref> What can be altered is Islamic jurisprudence, but as that is extracted from, and cannot contradict,<ref>Khalid Baig - [{{Reference archive|1=http://www.albalagh.net/general/bidah.shtml|2=2011-11-01}} Sunnah and Bid'ah] - Albalagh, May 5, 2001</ref><ref>[{{Reference archive|1=http://www.alahazrat.net/islam/concept-of-bidah-in-islam.php|2=2011-11-01}} Concept of Bidah in Islam] - Alahazrat International Islamic Web</ref> | 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.<ref>"''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.''" - {{Muslim|18|4266}}</ref><ref>"''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.''" - {{Bukhari|3|49|861}}</ref> What can be altered is Islamic jurisprudence, but as that is extracted from, and cannot contradict shari'ah,<ref>Khalid Baig - [{{Reference archive|1=http://www.albalagh.net/general/bidah.shtml|2=2011-11-01}} Sunnah and Bid'ah] - Albalagh, May 5, 2001</ref><ref>[{{Reference archive|1=http://www.alahazrat.net/islam/concept-of-bidah-in-islam.php|2=2011-11-01}} Concept of Bidah in Islam] - Alahazrat International Islamic Web</ref> 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. | The following is an excerpt taken from a popular fatwa website in objection to the Universal Declaration of Human Rights. | ||
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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.}} | 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.}} | ||
===Spread of Shari'ah | ===Spread of Shari'ah=== | ||
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-Harb and Dar al-Islam (the Abodes of War and Peace)|Dar al-Islam]] ('house/domain of Islam'). This, once again, is based on the Sunnah attributed to Muhammad. Following the [[The Farewell Sermon|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.<ref>"''....I [Muhammad] invite you [Emperor Heraclius] to Islam (i.e. surrender to Allah), embrace Islam and you will be safe....''" - {{Bukhari|4|52|191}}</ref> We see the same thing happening today in the modern world (for example) in Somalia<ref>{{cite web |url=http://edition.cnn.com/2009/WORLD/africa/02/28/somalia.sharia/index.html |title=Somali president bends to rebel demand for sharia law |archiveurl=http://archive.is/20120915/http://edition.cnn.com/2009/WORLD/africa/02/28/somalia.sharia/index.html |archivedate=2012-09-15 |accessdate=2012-09-15}} - CNN, February 28, 2009</ref> 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 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-Harb and Dar al-Islam (the Abodes of War and Peace)|Dar al-Islam]] ('house/domain of Islam'). This, once again, is based on the Sunnah attributed to Muhammad. Following the [[The Farewell Sermon|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.<ref>"''....I [Muhammad] invite you [Emperor Heraclius] to Islam (i.e. surrender to Allah), embrace Islam and you will be safe....''" - {{Bukhari|4|52|191}}</ref> We see the same thing happening today in the modern world (for example) in Somalia<ref>{{cite web |url=http://edition.cnn.com/2009/WORLD/africa/02/28/somalia.sharia/index.html |title=Somali president bends to rebel demand for sharia law |archiveurl=http://archive.is/20120915/http://edition.cnn.com/2009/WORLD/africa/02/28/somalia.sharia/index.html |archivedate=2012-09-15 |accessdate=2012-09-15}} - CNN, February 28, 2009</ref> 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. | ||
{{Quote|1=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)|2=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}}]<ref>{{cite web |url=http://www.islamqa.com/en/ref/107166 |title=Ruling on democracy and elections and participating in that system |archiveurl=http://archive.is/20120915/http://www.islamqa.com/en/ref/107166 |archivedate=2012-09-15 |accessdate=2012-09-15}} - Islam Q&A, Fatwa No. 107166</ref>}} | {{Quote|1=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)|2=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}}]<ref>{{cite web |url=http://www.islamqa.com/en/ref/107166 |title=Ruling on democracy and elections and participating in that system |archiveurl=http://archive.is/20120915/http://www.islamqa.com/en/ref/107166 |archivedate=2012-09-15 |accessdate=2012-09-15}} - Islam Q&A, Fatwa No. 107166</ref>}} | ||
Surveys show that modern day Muslim populations have a wide range of views in terms of support for Sharia and what that means, especially across different regions of the world (some much less than others).<ref>[https://www.pewresearch.org/religion/2013/04/30/the-worlds-muslims-religion-politics-society-beliefs-about-sharia/] Chapter 1: Beliefs About Sharia - Pew Research Centre (2013)</ref> | |||
==Qur'an, Hadith and Scholars on Shari'ah== | ==Qur'an, Hadith and Scholars on Shari'ah== | ||
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====Adultery==== | ====Adultery==== | ||
{{Main| | {{Main|Zina}} | ||
(However, the Islamic definition differs from the secular understanding of the word) | (However, the Islamic definition differs from the secular understanding of the word) | ||
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{{Main|Islam and Apostasy}} | {{Main|Islam and Apostasy}} | ||
In Islam, the rejection in part of any of the individual pillars or principles of Islam (i.e. apostasy via blasphemy), or discarding the faith as a whole, amounts to apostasy.<ref>[{{Reference archive|1=http://www.alsunna.org/Questions-about-Apostasy-Blasphemy.html|2=2011-02-25}} Questions about Apostasy (Blasphemy)] - Al Sunna.org</ref> Under Islamic law, it is a crime punishable by death. This | In Islam, the rejection in part of any of the individual pillars or principles of Islam (i.e. apostasy via blasphemy), or discarding the faith as a whole, amounts to apostasy.<ref>[{{Reference archive|1=http://www.alsunna.org/Questions-about-Apostasy-Blasphemy.html|2=2011-02-25}} Questions about Apostasy (Blasphemy)] - Al Sunna.org</ref> Under Islamic law, it is a crime punishable by death. This punistment is attributed in hadiths to Muhammad himself who had said "Whoever changed his Islamic religion, then kill him."<ref name="atheist">"''Narrated 'Ikrima: Some Zanadiqa (atheists) were brought to 'Ali and he burnt them. The news of this event, reached Ibn 'Abbas who said, "If I had been in his place, I would not have burnt them, as Allah's Apostle forbade it, saying, 'Do not punish anybody with Allah's punishment (fire).' I would have killed them according to the statement of Allah's Apostle, 'Whoever changed his Islamic religion, then kill him.'"''" - {{Bukhari|9|84|57}}</ref> Apostasy was one of only three reasons given by him where killing a Muslim is permitted (the other two circumstances being the execution of the adulterer and murderer, as well as those who "spread corruption", presumably of the religious sort).<ref>"''Narrated 'Abdullah: Allah's Apostle said, "The blood of a Muslim who confesses that none has the right to be worshipped but Allah and that I am His Apostle, cannot be shed except in three cases: In Qisas for murder, a married person who commits illegal sexual intercourse and the one who reverts from Islam (apostate) and leaves the Muslims."''" - {{Bukhari|9|83|17}}</ref> His wishes were followed by Caliph Abu Bakr, who had many apostates killed during the lengthy “Riddah (apostasy) wars” for their refusal to pay tithe. These people were not rejecting Islam as a whole but only refusing to abide by one of its five pillars ([[zakat]]). This also attests to the fact apostasy was a serious crime within early Islam and was not a later innovation. Indeed, Abu Bakr referenced one Qur’anic verse in particular (the verse of the sword - Qur'an 9:5) as the reason for his engaging in war. Various hadith record Muhammad's command being followed by his companions, with atheists,<ref name="atheist"></ref> Christians,<ref>"''Ali was informed about a group of Christians who had become Muslims and then became Christians again. Ali arrested them, summoned them before himself and enquired about the truth of the matter. They said: "We were Christians. Then we were offered the choice of remaining Christians or becoming Muslims. We chose Islam. But now it is our opinion that no religion is more excellent than our first religion. Therefore we have become Christians now." Hearing this, Ali ordered these people to be executed and their children enslaved.''" - Quoted from "{{cite web |url=http://www.answering-islam.org/Hahn/Mawdudi/index.htm |title=The Punishment of the Apostate According to Islamic Law |archiveurl=http://archive.is/20120915/http://www.answering-islam.org/Hahn/Mawdudi/index.htm |archivedate=2012-09-15 |accessdate=2012-09-15}}", by Abul Ala Maududi</ref> and Jews<ref>"''Mu'adh asked, "Who is this (man)?" Abu Muisa said, "He was a Jew and became a Muslim and then reverted back to Judaism." Then Abu Muisa requested Mu'adh to sit down but Mu'adh said, "I will not sit down till he has been killed. This is the judgment of Allah and His Apostle (for such cases) and repeated it thrice. Then Abu Musa ordered that the man be killed, and he was killed. Abu Musa added, "Then we discussed the night prayers and one of us said, 'I pray and sleep, and I hope that Allah will reward me for my sleep as well as for my prayers.''" - {{Bukhari|9|84|58}}</ref> being put to death for leaving Islam.<ref>For further details, see: [[Qur'an, Hadith and Scholars:Apostasy]]</ref> | ||
All four schools of Islamic jurisprudence are in agreement with the death sentence for males (who are of sound mind) guilty of apostasy, with only slight variations on whether to allow the three days grace period.<ref>Silas - {{cite web |url=http://www.answering-islam.org/Silas/apostasy.htm |title=The Punishment for Apostasy from Islam/ Jurisprudence - E. Agreement of the Leading Mujtahids (Jurists) |archiveurl=http://archive.is/20120915/http://www.answering-islam.org/Silas/apostasy.htm |archivedate=2012-09-15 |accessdate=2012-09-15}} - Answering Islam</ref> The Hanafi school of Islamic jurisprudence believe female apostates are not to be killed, but beaten and put under confinement until death or repentance, while the remaining Shafi'i, Maliki, and Hanbali schools all agree the verdict for the female apostate is the same as for the male.<ref>'Abdurrahmani'l-Djaziri - {{cite web |url=http://www.light-of-life.com/eng/ilaw/l5721et1.htm#p19 |title=The Penalties for Apostasy in Islam According to the Four Schools of Islamic Law |archiveurl=http://archive.is/20120915/http://www.light-of-life.com/eng/ilaw/l5721et1.htm%23p19 |archivedate=2012-09-15 |accessdate=2012-09-15}} - "The Case of the Female Apostate" (Pg. 19)</ref> Islamic modernists tend to interpret the Quran to be more open to freedom of religion and reject hadiths relating to apostasy. | All four schools of Islamic jurisprudence are in agreement with the death sentence for males (who are of sound mind) guilty of apostasy, with only slight variations on whether to allow the three days grace period.<ref>Silas - {{cite web |url=http://www.answering-islam.org/Silas/apostasy.htm |title=The Punishment for Apostasy from Islam/ Jurisprudence - E. Agreement of the Leading Mujtahids (Jurists) |archiveurl=http://archive.is/20120915/http://www.answering-islam.org/Silas/apostasy.htm |archivedate=2012-09-15 |accessdate=2012-09-15}} - Answering Islam</ref> The Hanafi school of Islamic jurisprudence believe female apostates are not to be killed, but beaten and put under confinement until death or repentance, while the remaining Shafi'i, Maliki, and Hanbali schools all agree the verdict for the female apostate is the same as for the male.<ref>'Abdurrahmani'l-Djaziri - {{cite web |url=http://www.light-of-life.com/eng/ilaw/l5721et1.htm#p19 |title=The Penalties for Apostasy in Islam According to the Four Schools of Islamic Law |archiveurl=http://archive.is/20120915/http://www.light-of-life.com/eng/ilaw/l5721et1.htm%23p19 |archivedate=2012-09-15 |accessdate=2012-09-15}} - "The Case of the Female Apostate" (Pg. 19)</ref> Islamic modernists tend to interpret the Quran to be more open to freedom of religion and reject hadiths relating to apostasy. | ||
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{{Main|Islam and Freedom of Speech|List of Killings Ordered or Supported by Muhammad}} | {{Main|Islam and Freedom of Speech|List of Killings Ordered or Supported by Muhammad}} | ||
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 | 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. | ||
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.<ref>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</ref><ref>These two killings involve a repeated topos as mentioned in the section below on modern scholarship.</ref> 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,<ref>For example Iffat khalid & Shamana Munawar, [https://jiscnet.com/journals/jisc/Vol_3_No_1_June_2015/7.pdf 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</ref> though there are also those who urge a more critical view of the sources as well as raising issues of legal methodology.<ref>For example the al-Mawrid institute of reformist scholars in Pakistan [https://www.al-mawrid.org/Question/60a204a3923f0b12074d877f/punishment-of-blasphemy-based-on-a-hadith-narrative Punishment of blasphemy based on a hadith narrative] - al-mawrid.org, August 2020</ref> 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. | 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), declaring that "'''no retaliation is payable for her blood.'''"<ref>"''....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.....''" - {{Abudawud|38|4348}}. Similarly, {{Al Nasai||5|37|4075}}</ref> and a man who killed a Jewish woman, in both cases for insulting Muhammad.<ref>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</ref><ref>These two killings involve a repeated topos as mentioned in the section below on modern scholarship.</ref> 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,<ref>For example Iffat khalid & Shamana Munawar, [https://jiscnet.com/journals/jisc/Vol_3_No_1_June_2015/7.pdf 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</ref> though there are also those who urge a more critical view of the sources as well as raising issues of legal methodology.<ref>For example the al-Mawrid institute of reformist scholars in Pakistan [https://www.al-mawrid.org/Question/60a204a3923f0b12074d877f/punishment-of-blasphemy-based-on-a-hadith-narrative Punishment of blasphemy based on a hadith narrative] - al-mawrid.org, August 2020</ref> 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: | Umar bin Al-Khattab's placed the following restrictions on expression and speech: | ||
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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.<ref>Alex B. Leeman [https://ilj.law.indiana.edu/articles/84/84_2_Leeman.pdf Interfaith Marriage in Islam: An Examination of the Legal | 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.<ref>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</ref> | Theory Behind the Traditional and Reformist Positions] Islamic Law Journal, Vol. 85, pp. 756-759</ref> | ||
As part of a wider move towards secularism, in 2017 Tunisia revoked sharia-based laws forbidding Muslim women from marrying non-Muslim men, though resistance to the change continued at a local level.<ref>[https://www.newarab.com/analysis/tunisian-women-stand-right-marry-non-muslims Tunisian women fight for right to marry non-Muslims] by Alessandra Bajec, The New Arab, 2017</ref> | |||
====Intoxicants and Recreational Games==== | ====Intoxicants and Recreational Games==== | ||
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==== Music and Art==== | ==== Music and Art==== | ||
{{Main|Qur'an, Hadith and Scholars:Pictures and Images}} | |||
[[File:Taller Buddha of Bamiyan before and after destruction.jpg|thumb|Bamiyan Buddhas before and after destruction]] | [[File:Taller Buddha of Bamiyan before and after destruction.jpg|thumb|Bamiyan Buddhas before and after destruction]] | ||
Though views vary widely today, [[music]], and some other forms of [[Qur'an, Hadith and Scholars:Pictures and Images|art]] (including tattooing),<ref>"''....The Prophet forbade the acceptance of the price of a dog or blood, and also forbade the profession of tattooing, getting tattooed....''" - {{Bukhari|3|34|299}} See also {{Bukhari|3|34|440}}, {{Bukhari|7|72|829}}, and {{Bukhari|7|72|845}}</ref> under Islamic law are forbidden. Western music<ref>{{cite news|url=http://www.abc.net.au/news/stories/2007/08/05/1996913.htm?section=entertainment|title=Iran arrests 230 in raid on illegal rock concert|publisher=ABC News (Australia)|date=4 August 2007 |archiveurl=http://archive.is/20120717/http://www.abc.net.au/news/stories/2007/08/05/1996913.htm?section=entertainment |archivedate=2012-07-17}}</ref> and movies in particular, have been declared as corruptive influences by Islamic clerics. The vast majority<ref>{{cite web |url=http://www.themuslimwoman.com/beware/MusicisHaram.htm |title=Music is Haram |archiveurl=http://archive.is/20120915/http://www.themuslimwoman.com/beware/MusicisHaram.htm |archivedate=2012-09-15 |accessdate=2012-09-15}} - The Muslim Women</ref> of Islamic scholars and all four schools of Islamic jurisprudence<ref name="Music 2"></ref> 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.)<ref>"''....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....''" - {{cite web |url=http://islamicarticles.wordpress.com/music/ |title=Music - BEATING THE DUFF |archiveurl=http://archive.is/20120915/http://islamicarticles.wordpress.com/music/ |archivedate=2012-09-15 |accessdate=2012-09-15}} - Islamic Articles</ref> This form of song is referred to as a '''Nasheed''' (نشيد), and the striking of the duff is permitted for women only<ref>"''....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....''" - {{cite web |url=http://islamicarticles.wordpress.com/music/ |title=Music - BEATING THE DUFF |archiveurl=http://archive.is/20120915/http://islamicarticles.wordpress.com/music/ |archivedate=2012-09-15 |accessdate=2012-09-15}} - Islamic Articles</ref> and must not be done in the presence of men.<ref>"''....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.''" - {{cite web |url=http://islamicarticles.wordpress.com/music/ |title=Music - BEATING THE DUFF |archiveurl=http://archive.is/20120915/http://islamicarticles.wordpress.com/music/ |archivedate=2012-09-15 |accessdate=2012-09-15}} - Islamic Articles</ref> 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."<ref>{{cite web |url=http://www.islamqa.com/en/ref/5000/music |title=Ruling on music, singing and dancing - Fatwa No. 5000 |archiveurl=http://archive.is/20120915/http://www.islamqa.com/en/ref/5000/music |archivedate=2012-09-15 |accessdate=2012-09-15}} - Islam Q&A</ref> 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..."<ref>[{{Bukhari-url-only|7|69|494}}v Sahih Bukhari 7:69:494v] </ref> and upon hearing music, Abu Bakr proclaimed "Musical instrument of Satan!"<ref name="Music 2">{{cite web |url=http://www.islamicawakening.com/viewarticle.php?articleID=312 |title=Music |archiveurl=http://archive.is/20120915/http://www.islamicawakening.com/viewarticle.php?articleID=312 |archivedate=2012-09-15 |accessdate=2012-09-15}} - Shariffa Carlo - Islam Awakening</ref> 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.<ref>"''....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)</ref> As Abu Bakr stated, unless performed under the various restrictions outlined in Muhammad's Sunnah, music is considered to be of the devil. | Though views vary widely today, [[music]], and some other forms of [[Qur'an, Hadith and Scholars:Pictures and Images|art]] (including tattooing),<ref>"''....The Prophet forbade the acceptance of the price of a dog or blood, and also forbade the profession of tattooing, getting tattooed....''" - {{Bukhari|3|34|299}} See also {{Bukhari|3|34|440}}, {{Bukhari|7|72|829}}, and {{Bukhari|7|72|845}}</ref> under Islamic law are forbidden. Western music<ref>{{cite news|url=http://www.abc.net.au/news/stories/2007/08/05/1996913.htm?section=entertainment|title=Iran arrests 230 in raid on illegal rock concert|publisher=ABC News (Australia)|date=4 August 2007 |archiveurl=http://archive.is/20120717/http://www.abc.net.au/news/stories/2007/08/05/1996913.htm?section=entertainment |archivedate=2012-07-17}}</ref> and movies in particular, have been declared as corruptive influences by Islamic clerics. The vast majority<ref>{{cite web |url=http://www.themuslimwoman.com/beware/MusicisHaram.htm |title=Music is Haram |archiveurl=http://archive.is/20120915/http://www.themuslimwoman.com/beware/MusicisHaram.htm |archivedate=2012-09-15 |accessdate=2012-09-15}} - The Muslim Women</ref> of Islamic scholars and all four schools of Islamic jurisprudence<ref name="Music 2"></ref> 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.)<ref>"''....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....''" - {{cite web |url=http://islamicarticles.wordpress.com/music/ |title=Music - BEATING THE DUFF |archiveurl=http://archive.is/20120915/http://islamicarticles.wordpress.com/music/ |archivedate=2012-09-15 |accessdate=2012-09-15}} - Islamic Articles</ref> This form of song is referred to as a '''Nasheed''' (نشيد), and the striking of the duff is permitted for women only<ref>"''....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....''" - {{cite web |url=http://islamicarticles.wordpress.com/music/ |title=Music - BEATING THE DUFF |archiveurl=http://archive.is/20120915/http://islamicarticles.wordpress.com/music/ |archivedate=2012-09-15 |accessdate=2012-09-15}} - Islamic Articles</ref> and must not be done in the presence of men.<ref>"''....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.''" - {{cite web |url=http://islamicarticles.wordpress.com/music/ |title=Music - BEATING THE DUFF |archiveurl=http://archive.is/20120915/http://islamicarticles.wordpress.com/music/ |archivedate=2012-09-15 |accessdate=2012-09-15}} - Islamic Articles</ref> 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."<ref>{{cite web |url=http://www.islamqa.com/en/ref/5000/music |title=Ruling on music, singing and dancing - Fatwa No. 5000 |archiveurl=http://archive.is/20120915/http://www.islamqa.com/en/ref/5000/music |archivedate=2012-09-15 |accessdate=2012-09-15}} - Islam Q&A</ref> 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..."<ref>[{{Bukhari-url-only|7|69|494}}v Sahih Bukhari 7:69:494v] </ref> and upon hearing music, Abu Bakr proclaimed "Musical instrument of Satan!"<ref name="Music 2">{{cite web |url=http://www.islamicawakening.com/viewarticle.php?articleID=312 |title=Music |archiveurl=http://archive.is/20120915/http://www.islamicawakening.com/viewarticle.php?articleID=312 |archivedate=2012-09-15 |accessdate=2012-09-15}} - Shariffa Carlo - Islam Awakening</ref> 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.<ref>"''....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)</ref> 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."<ref>"''....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."....''" - {{Bukhari|7|72|834}}</ref> 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."<ref>"''....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....''" - {{Muslim|24|5272}}</ref> Muhammad refused to enter any home which was decorated with images,<ref>"''....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....''" - {{Abudawud|27|3746}}</ref> and claimed angels would do the same with any home which contained pictures or dogs.<ref>"''....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,....''" - {{Muslim|24|5254}}</ref> 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.<ref>"''....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....''" - {{Bukhari|7|72|844}}</ref> In Aisha's own words "I noticed the signs of hatred (for that) on his face!" She turned to Allah and Muhammad for repentance.<ref>"''....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?"....''" - {{Bukhari|7|72|844}}</ref> On another occasion, Muhammad angrily tore to pieces a carpet, hung by Aisha to screen a door.<ref>"''....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)....''" - {{Muslim|24|5254}}</ref> | The Islamic prohibition on images is well known, hence the lack of imagery in Islamic religious art. This sentiment is also known as aniconism. Depictions of living things have in fact been documented at specific times and places in Islamic history. In general the strictest attitude to aniconism is found in modern Salafism, while the most relaxed attitude is found in Sufism and Shi'a Islam. | ||
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."<ref>"''....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."....''" - {{Bukhari|7|72|834}}</ref> 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."<ref>"''....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....''" - {{Muslim|24|5272}}</ref> Muhammad refused to enter any home which was decorated with images,<ref>"''....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....''" - {{Abudawud|27|3746}}</ref> and claimed angels would do the same with any home which contained pictures or dogs.<ref>"''....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,....''" - {{Muslim|24|5254}}</ref> 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.<ref>"''....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....''" - {{Bukhari|7|72|844}}</ref> In Aisha's own words "I noticed the signs of hatred (for that) on his face!" She turned to Allah and Muhammad for repentance.<ref>"''....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?"....''" - {{Bukhari|7|72|844}}</ref> On another occasion, Muhammad angrily tore to pieces a carpet, hung by Aisha to screen a door.<ref>"''....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)....''" - {{Muslim|24|5254}}</ref> Muhammad reportedly destroyed the 360 pagan idols which were housed at the Ka'aba when he conquered Mecca.<ref>"''The Prophet (ﷺ) entered Mecca and (at that time) there were three hundred-and-sixty idols around the Ka`ba. He started stabbing the idols with a stick he had in his hand and reciting: "Truth (Islam) has come and Falsehood (disbelief) has vanished."''" - {{Bukhari|3|43|658}}</ref> | |||
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.<ref>{{cite web |url=http://www.rawa.org/music.htm |title=The censorship of music in Afghanistan |archiveurl=http://archive.is/20120630/http://www.rawa.org/music.htm |archivedate=2012-06-30 |accessdate=2012-06-30}} - RAWA, April 24, 2001</ref> 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.<ref>[http://www.hazara.net/hazara/geography/Buddha/buddha.html A Profile On Bamyan Civilization] - Ishaq Mohammadi </ref> | 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.<ref>{{cite web |url=http://www.rawa.org/music.htm |title=The censorship of music in Afghanistan |archiveurl=http://archive.is/20120630/http://www.rawa.org/music.htm |archivedate=2012-06-30 |accessdate=2012-06-30}} - RAWA, April 24, 2001</ref> 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.<ref>[http://www.hazara.net/hazara/geography/Buddha/buddha.html A Profile On Bamyan Civilization] - Ishaq Mohammadi </ref> These demolitions were the most infamous among a widespread iconoclastic destruction of Afghan cultural heritage under the Taliban. Clerics from Egypt, whose own ancient religious heritage has only suffered minimal Christian and Muslim iconoclasm over the centuries, denounced the Taliban's actions. | ||
===Permitting things which are forbidden in most secular countries today=== | ===Permitting things which are forbidden in most secular countries today=== | ||
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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.<ref>"''....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}}</ref> Whilst there are a few restrictions in regards to the practice of wife-beating (beating should be "without severity"<ref>"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." - [https://sunnah.com/abudawud/11/185 Sunan Abu Dawud 10:1900]</ref>, should avoid the face,<ref>"''....you should give her food when you eat, clothe her when you clothe yourself, do not strike her '''on the face'''....''" - {{Abu Dawud|11|2137}}</ref> breaking bones,<ref>"''....that you should not break her bones or leave a bruise....''" - al-Tabari, 5:68-69</ref> and husbands should not sleep with them after beating them),<ref>"''.... 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."''" - {{Bukhari|7|62|132}}</ref> 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. | 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.<ref>"''....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}}</ref> Whilst there are a few restrictions in regards to the practice of wife-beating (beating should be "without severity"<ref>"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." - [https://sunnah.com/abudawud/11/185 Sunan Abu Dawud 10:1900]</ref>, should avoid the face,<ref>"''....you should give her food when you eat, clothe her when you clothe yourself, do not strike her '''on the face'''....''" - {{Abu Dawud|11|2137}}</ref> breaking bones,<ref>"''....that you should not break her bones or leave a bruise....''" - al-Tabari, 5:68-69</ref> and husbands should not sleep with them after beating them),<ref>"''.... 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."''" - {{Bukhari|7|62|132}}</ref> 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!"<ref>"...''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!"...''" - {{Bukhari|7|72|715}}</ref> 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"<ref>"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."" - {{Ibn Majah||3|9|1986}}</ref> Moreover, he not only allowed Abu Bakr to slap his own child-bride Aisha,<ref>"''....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....''" - {{Bukhari|1|7|330}}</ref> but he also struck her in the chest himself,<ref>"''...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?...''" - {{Muslim|4|2127}}</ref> and according to Aisha it was not something 'symbolic' or a 'gentle tap' on the body; it was painful. | 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!"<ref>"...''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!"...''" - {{Bukhari|7|72|715}}</ref> 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"<ref>"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."" - {{Ibn Majah||3|9|1986}}</ref> Moreover, he not only allowed Abu Bakr to slap his own child-bride Aisha,<ref>"''....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....''" - {{Bukhari|1|7|330}}</ref> but he also struck her in the chest himself,<ref>"''...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?...''" - {{Muslim|4|2127}}<BR />Note that the sunnah.com website have since [[Wife_Beating_in_Islamic_Law#Muhammad_struck_Aisha_and_the_tampering_of_English_hadith_translations|tampered with their copy of the hadith translation here in order to soft the language]].</ref> 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.<ref>{{cite web |url=http://edition.cnn.com/2009/WORLD/asiapcf/09/23/afghanistan.women.abuse/index.html |title=Afghan women hiding for their lives |archiveurl=http://archive.is/20120915/http://edition.cnn.com/2009/WORLD/asiapcf/09/23/afghanistan.women.abuse/index.html |archivedate=2012-09-15 |accessdate=2012-09-15}} - CNN</ref> 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'.<ref>{{cite web |url=http://www.stopvaw.org/PAKISTAN_Domestic_violence_endemic_but_awareness_slowly_rising.html |title=PAKISTAN: Domestic violence endemic, but awareness slowly rising |archiveurl=http://archive.is/20120915/http://www.stopvaw.org/PAKISTAN_Domestic_violence_endemic_but_awareness_slowly_rising.html |archivedate=2012-09-15 |accessdate=2012-09-15}} - The Advocates for Human Rights</ref> 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.<ref>http://www.toplumpostasi.net/index.php/cat/9/news/9633/PageName/English </ref> | 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.<ref>{{cite web |url=http://edition.cnn.com/2009/WORLD/asiapcf/09/23/afghanistan.women.abuse/index.html |title=Afghan women hiding for their lives |archiveurl=http://archive.is/20120915/http://edition.cnn.com/2009/WORLD/asiapcf/09/23/afghanistan.women.abuse/index.html |archivedate=2012-09-15 |accessdate=2012-09-15}} - CNN</ref> 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'.<ref>{{cite web |url=http://www.stopvaw.org/PAKISTAN_Domestic_violence_endemic_but_awareness_slowly_rising.html |title=PAKISTAN: Domestic violence endemic, but awareness slowly rising |archiveurl=http://archive.is/20120915/http://www.stopvaw.org/PAKISTAN_Domestic_violence_endemic_but_awareness_slowly_rising.html |archivedate=2012-09-15 |accessdate=2012-09-15}} - The Advocates for Human Rights</ref> 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.<ref>http://www.toplumpostasi.net/index.php/cat/9/news/9633/PageName/English </ref> | ||
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{{Main|Hajj}} | {{Main|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 [[ | 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 [[Pre-Islamic Arab Religion in Islam|pre-Islamic 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.<ref>{{cite web |url=http://www.nytimes.com/1994/05/25/world/at-least-250-muslims-die-in-mecca-stampede.html |title=At Least 250 Muslims Die in Mecca Stampede |archiveurl=http://archive.is/20120915/http://www.nytimes.com/1994/05/25/world/at-least-250-muslims-die-in-mecca-stampede.html |archivedate=2012-09-15 |accessdate=2012-09-15}} - NY Times, May 25, 1994</ref> Efforts have been made to improve safety. | 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.<ref>{{cite web |url=http://www.nytimes.com/1994/05/25/world/at-least-250-muslims-die-in-mecca-stampede.html |title=At Least 250 Muslims Die in Mecca Stampede |archiveurl=http://archive.is/20120915/http://www.nytimes.com/1994/05/25/world/at-least-250-muslims-die-in-mecca-stampede.html |archivedate=2012-09-15 |accessdate=2012-09-15}} - NY Times, May 25, 1994</ref> Efforts have been made to improve safety. | ||
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==Punishments Under Islamic Law== | ==Punishments Under Islamic Law== | ||
Punishments under sharia for what it deems as crimes fall under three general categories: ''Hudud'' punishments (''hadd'' singular) are prescribed by the Quran (or in the case of stoning, allegedly was at one time prescribed therein), so they constitute a fundamental part of the Islamic faith though have a high evidence threshold for enforcement. The subsections below detail various types of hadd punishments. Also with a basis in Islamic scriptures are Qisas, or eye-for-an-eye retaliatory punishments, typically for bodily harm and homicide though can be resolved through payment of diya (blood money/compensation). Finally, tazir is a general category of discretionary laws where traditional Islamic legal sources are insufficient. | |||
{{Quote|[https://www.cfr.org/backgrounder/understanding-sharia-intersection-islam-and-law Understanding Sharia: The Intersection of Islam and the Law] Kali Robinson, Council on Foreign Relations, 2021|Today, most Muslim-majority countries don’t administer physical punishments, though about a dozen of them have the authority to do so under state laws. Local and international backlash often dissuades authorities from following through with such sentences. However, Indonesia, Iran, the Maldives, and Qatar are among the countries where flogging is still conducted; and Iran, Mauritania [PDF], Nigeria, Saudi Arabia, and Sudan have in recent decades punished convicted thieves with amputations. Additionally, the Taliban implemented public executions and amputations when they ruled Afghanistan in the 1990s and have said these punishments will return under their new government.}} | |||
===Flogging=== | |||
{{Main|Zina}} | |||
{{Quran|24|2}} prescribes the punishment of 100 lashes for men and women guilty of [[zina]] (illicit intercourse), or in {{Quran|4|25}}, half that number for married women who were formerly owned as slaves. In traditional Islamic law, if either party who commits zina is married, that person (male or female) instead receives a much harsher punishment - being stoned to death, though this is based on a controversial hadith as discussed below. As at 2021, Indonesia, Iran, the Maldives, and Qatar were among the countries where flogging was still conducted.<ref>Kali Robinson, 2021, [https://www.cfr.org/backgrounder/understanding-sharia-intersection-islam-and-law Understanding Sharia: The Intersection of Islam and the Law] - Council on Foreign Relations website</ref> | |||
In order to carry out the hadd punishment for zina (lashings or stoning to death) there must be either four reliable muslim male witnesses to the alleged offence or a confession. Pregnancy of an unmarried woman is also considered proof of zina unless she says she was raped, in which case she is spared punishment (though for the Maliki school of jurisprudence further evidence to prove coercion is required from her physical state or a witness who heard her cry for help).<ref>Position paper by Karamah (Muslim Women Lawyers for Human Rights) [https://karamah.org/zina-rape-and-islamic-law-an-islamic-legal-analysis-of-the-rape-laws-in-pakistan/ Zina, Rape, and Islamic Law: An Islamic Legal Analysis of the Rape Laws in Pakistan](2011)</ref><ref>See the 2nd of the two hadiths here regarding Imam Malik's view: {{Muwatta|41||16}}</ref> | |||
===Amputation=== | ===Amputation=== | ||