WoodrowX2
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- Nov 27, 2013
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As for Homosexuality there are very few Authenticate Ahadith (That is the plural of Hadith) that address it. Some of the Madhabs of Shariah consider homosexuality to be objections Sexual Behavior. The punish ment if any will depend on What Madhab is followed and how the local courts have decided.
Wow, that completely contradicts all that I have known about Sharia law. What about other practices, though?
Such as cutting off hands for theft and execution for apostasy. Both seem to be based on the Quoran, so would these be acceptable punishments?
It's not so much the death penalty per se that I am worried about. The US employs the death penalty and though I do not support it, I do not fear its use in capital punishments.
However, I do see problems when the death penalty - or any other barbaric penalty - is applied to rules that I consider inherently flawed. Such as, aforementioned homosexuality, apostasy, theft (here, cutting off hands) or adultery.
I appreciate that you have provided a (in my humble opinion) very moderate school of legal thought. But is that school the most widespread among Muslims? If there were a caliphate, how would one choose which legal system to follow?
The way I understand it, except for the Islamic State, the Islamic nations have a set of secular criminal courts and Sharia civil courts, which would explain the discrepancy. This is, of course, a relief - but does this reflect the views of the Quoran and Muslim world, or is it a remnant of Westernization? (i.e. what is the dynamic of social development: will there be a larger influence of Islamic jurisprudence as time progresses, or will there be a more secular approach)
Again, thank you for taking time to write.![]()
The Chopping of a hand for theft, is actually seen as a better choice than imprisonment for many Mideasterners. While it is a permitted punishment it is not mandatory. At the discretion of the court other options can be used such as fines, Jail or both. Inthe few Nations that are known to use it, it is the punishment of choice as selected by the population. Arabs in particular would choose it over even a short jail sentence. While you and I may dislike it, I think the populace has a right to determine the punishments used for various crimes. What is cruel in New York might be seen as kindness in Riyadh or Kabul.
The Death penalty for apostasy is quite complex. While people do get sentenced to death, for Apostasy, it is rare the punishment is carried out.
In the entire History of Islam I can only find the names of 4 people that were actually executed for Apostasy. See HERE.
The vast majority of Islamic Nation do use Secular law for criminal cases and Sharia for civil affairs.
One reason being it is almost impossible to convict a person of a crime under Shariah. The proof of guilt is almost impossible to provide to the satisfaction of an actual Sharia Court.
I know the media portrays a different picture. But what is almost always shown and called Sharia is usually local Custom or Wahhabi and not Sharia.
Since it's inception Sharia Criminal laws have usually been replaced by secular. Reading the fine print in the 4 Madhabs that is permissible as the 5 Hadud crimes are also crimes under secular law. (One exception, the Hanafi Madhab only lists 4 hadud crimes)
A Hadud crime is a crime that requires an earthly punishment if a person is convicted, therefore the standards for proof are very high and difficult to prove.
Criminal Jurisprudence under Sharia lists 4 sets of rules determining what can be used as a punishment.
Qisas - meaning retaliation
Diyya - compensation paid to the heirs of a victim.
Hudud - predetermined or fixed punishments
Tazir - punishment, usually corporal, administered at the discretion of the judge
The rules for each are quite lengthy. And quite complex. But not as Barbaric or primitive as many say,
About the Closest thing to Sharia Criminal law is the American Criminal Justicesystem. Both have many more things in common than differences. My opinion,
The Shariah Civil laws remind me of the French civil laws under the Napolianic code.
About 30% of all Sunni follow the Hanafi Madhab. Because it is flexible and quite compatible with other legal systems it is the most popular among Western Muslims.
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