Hello juvenissun
The religious law of Islam is known a Sharīʿah. It is derived from two primary sources: the Qur'an and the Sunnah (the recorded words and practices of Muhammad - sallallahu 'alayhi wa sallam).
Scholars of Islamic jurisprudence include secondary sources when making their rulings;
And, "of course", a number of Christians use "commentaries" and the recordings of certain Catholic and Protestant leaders and "early church fathers", as sources for understanding the Bible. So, this could be somehow like how Muslims have secondary writings for understanding and applying the Qur'an, I suppose.
A Qisas offence is treated as a civil rather than a criminal matter. If the accused is found guilty, the victim (or victim's family) determines the punishment, choosing either retribution (which means execution in the case of murder); imprisonment; and - in some cases of intentional battery - the amputation of any limb corresponding to that lost by the victim. There may also be compensation for the victim’s loss of life, limb or injury.
In the Jewish Torah there are cases of crime, in which a person harmed has the choice of how to deal with the one who did the harm. One example is if a man hurts a woman who is pregnant and this causes the baby to be born early. The husband has the choice about if and how the harming man is punished . . . if, I understand, there is no harm to the baby > Exodus 21:22-25.
So, Jewish law also has cases in which the harmed person decides if and how the harmer is punished. So, Muslims and Jews have similarities of law, though now it seems that Jews do not do certain Moses Law things that Muslims still do, in some way, if not exactly. Isn't some of the Sharia law based on the Law of Moses?? I understand the Islamic people consider Moses to be one of their earlier prophets.
The second category of crime is Hudud.
These are crimes whose penalty is set out in the Qur’an. They are considered to be crimes against Allāh (Subḥānahu ūta'āla), and include adultery; fornication; incest; rape; sodomy and lesbianism; armed robbery; terrorism; armed violence; theft; use of intoxicants (alcohol or drug use); blasphemy; and defamation (making false accusation of any of these crimes).
The heavy Hudud penalties of amputation and stoning are not applied in Tazir cases (although some countries do use corporal punishment).
In the Jewish Torah, blasphemy is a capital offense, by stoning.
"'"And whoever blasphemes the name of the LORD shall surely be put to death. All the congregation shall certainly stone him, the stranger as well as him who is born in the land. When he blasphemes the name of the LORD, he shall be put to death."' (Leviticus 24:16)
And adultery and sodomy are capital offenses, under the Torah > Leviticus 24:10-13.
So, the Law of Moses has capital offenses which are similar to Islamic Sharia law, including stoning.
Also, by stoning > if a woman fools a man into thinking she is a virgin and he finds her out after he marries her > she gets death by stoning, according to the Torah > Deuteronomy 22:13-21.
The LORD ordered a man to be stoned to death for gathering sticks on the Sabbath > Numbers 15:32-36.
According to the Jew's Torah, a stubborn and rebellious man is to be stoned to death, if he does not receive correction > Deuteronomy 21:18-21.
Under the law of Moses, also . . . if a woman fools a man into thinking she is a virgin, in order to fool him into marrying her; when he finds her out after they get married, she is to be stoned to death > Deuteronomy 22:13-21.
And the Jewish Torah was in effect a while before the Qur'an was written. So, stoning is not some new thing that has been done only by Muslim "radicals". The Jews have certain similar stoning-to-death laws in their Torah, though now they do not keep them, to my knowledge. Certain Jews were going to stone Jesus because they considered Him to be blaspheming > John 10:30-39. So, it is clear that, at the time of Jesus, certain Jews understood that blasphemy was a capital offense to be executed by stoning.
So, I'm just saying that stoning to death is not some new invention of "Moslem radicals".
The process of gaining a conviction is extremely exacting. As a minimum, two witnesses to the crime are required to corroborate the evidence.
Again . . . under the Law of Moses, one witness is not enough >
Numbers 35:30
Deuteronomy 17:6
Deuteronomy 19:15.
In the case of sex crimes (such as adultery) four witnesses to the very act itself are required.
Well, then, possibly your law is "softer" than that of Moses who requires only two witnesses.
Circumstantial evidence is not allowed as part of the testimony in Hudud cases.
Jesus says,
"'Do not judge according to appearance, but judge with righteous judgment.'" (John 7:24)
I suppose "circumstantial evidence" could be considered
"appearance".
And we know the commandment not to bear false witness. It seems, in the United States, that ones tend to assume a single witness is trustworthy. But if God gives a command not to bear false witness, I would think this is because He knows ones are capable of bearing false witness, even under oath . . . if humans can commit murder and adultery. And, under the Torah, if one bears false witness and is found out, that person is to suffer the punishment which he or she intended to cause to the one falsely accused >
Deuteronomy 19:15-21
This penalty, if for a capital offense, would be
"life for life", it says in Deuteronomy 19:21.
So, I see, under Jewish Torah complying law, if you falsely accuse someone of a capital offense, you must be executed because of your evil intention!
So, I'm saying that Moslem laws are not necessarily so different than laws of the Torah which the Jews claim as their Canon Scripture.