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Hudud-Punishments

Summary:


From the executive summary of a letter by a large number of Islamic scholars to ISIS intended to condemn their practices as 'un-Islamic': "16- It is forbidden in Islam to enact legal punishments (hudud) without following the correct procedures that ensure justice and mercy." As Robert Spencer says, "This one is noteworthy, for by it....all these scholars affirm that hudud punishments — stoning for adultery, amputation for theft, death for leaving Islam, etc. — can be enacted as long as one is following the correct procedures."

Robert Spencer:  https://counterjihadreport.com/tag/letter-to-baghdadi/

Letter: http://www.crethiplethi.com/files/cp_0113.pdf

Islam is more than a religion, it encompasses faith, culture, law and the social order. Islam proposes a society of righteousness and justice. Criminal behaviour is not tolerated in the Islamic order of society. Criminal behaviour is breach of God’s sovereignty, hence stiffer penalties are prescribed. This paper examines hudud punishments in Islamic penal system, and agitates for the reformation of Islamic criminal jurisprudence. While it is reasonable to punish offenders, and violators of normative principles, it is the opinion of this paper that punishments that are prescribed in municipal penal code should at least conform to international criminal jurisprudence.

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Civil liberties like freedom of thought, conscience and religion, and religious liberties are criminal offenses punishable under Hudud crimes in Islam. Criminal procedure under shariah does not allow cross-examination of witness, or rebuttal testimony by the accused. The rules of evidence in Islamic criminal law exclude all men who lack credibility, and integrity in society (non-adl).  Women and non-Muslims are not allowed to testify. There is no provision for jury trial, or appeals.

https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=7&cad=rja&uact=8&ved=0ahUKEwjEye_33sXPAhUZM8AKHbsoAKMQFghBMAY&url=http%3A%2F%2Feujournal.org%2Findex.php%2Fesj%2Farticle%2Fdownload%2F3405%2F3169&usg=AFQjCNEBsQ-gKPnTgDEwUc8L0LHHocmV6Q&sig2=DQ6J6K-ZppojK2bLLaXWEg

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Summary: 

Source: “Annual Report 2003 of the European Court of Human Rights, Council of Europe”

Noting that the Welfare Party had pledged to set up a regime based on sharia law, the Court found that sharia was incompatible with the fundamental principles of democracy as set forth in the Convention. It considered that “sharia, which faithfully reflects the dogmas and divine rules laid down by religion, is stable and invariable. Principles such as pluralism in the political sphere or the constant evolution of public freedoms have no place in it”. According to the Court, it was difficult to declare one’s respect for democracy and human rights while at the same time supporting a regime based on sharia, which clearly diverged from Convention values, particularly with regard to its criminal law and criminal procedure, its rules on the legal status of women and the way it intervened in all spheres of private and public life in accordance with religious precepts.

ECHR Judgement Summary: "sharia law is incompatible with democracy and human rights"

Source: “Annual Report 2003 of the European Court of Human Rights, Council of Europe”

Country: 
Indonesia
News Date: 
05/03/2018
Summary: 

Two Indonesian Christians were publicly caned last week after violating the country’s increasing adoption of Sharia Law. The two men, Dahlan Silitonga, 61 and Tjia Nyuk Hwa, 45, received six and seven beatings with a rattan stick from a man wearing a robe and headscarf. Around 300 spectators, including groups of tourists from Malaysia, reportedly took photos as the whipping took place outside a mosque in the provincial capital of Banda Ac

Summary: 

“It’s culture, not religion” is a phrase often used to explain away problematic practices common in Muslim countries and communities. Sharia is Islamic law that has influenced societies with different languages, cultures, histories, and interpretations of Islam. In the face of a worrisome incident, many Muslims believe that Islam has been misinterpreted, while others believe it agreeable to Islamic teachings. Is it accurate to say that the negative aspects of Sharia are not based on Islamic teachings, that the negative influences are primarily external to religion?

To answer this truthfully, one must go to the Islamic religious texts. Sharia is derived primarily from the Quran and hadith. The Quran is the holy book of Islam, believed to be the literal word of God. It is believed to have passed verbally from the angel Jibril (Gabriel) to Muhammad, the prophet of Islam, who then relayed it to his followers over the course of two decades. It is the ultimate authority in Islam, traditionally believed to be a guidance for all times. A hadith is a report that describes the actions of Muhammad and his followers. They are important in understanding the Quran as they supplement many of its verses, and have played an essential role in the development of Islamic jurisprudence. The hadith are second only to the Quran.

The importance of hadith is in its practical application. For example, the Quran instructs Muslims to pray, but does not clearly specify how or how often. The Hadith gives instruction on not only how to pray, but clarifies that Muslims must pray five times a day.[1] Individual hadith are classified as (1) sahih (“authentic”), which is the highest classification, (2) hasan (“good”) or (3) da’if (“weak”). The classifications are based on how credible the hadith collectors found the chain of narration, tracing the chain to the originator of the content of the report. Unless otherwise stated, all of the hadith we use for this article are sahih hadith. Still, one should spend a moment deliberating that all of the hadith, including those classified as weak, are from Muslim sources, favored towards Islam. Finally, this article also looks at tafsir (the exegesis of the Quran) to provide more context to certain verses.

We will look at verses from the Quran and hadith on four subject areas: women’s testimony, torture, slavery, and jizya, the special tax required from non-Muslims. This article is by no means a comprehensive list of controversial topics related to Islam, but it is meant to provide a basis of understanding some influential writings in authoritative Islamic sources regarding these topics.

Country: 
Indonesia
News Date: 
14/07/2017
Summary: 

In an interview with the local media, Vice Governor Nova Iriansyah said that because of the international attention on public whippings: “We will minimalize press coverage and conduct it inside prisons. Right now it’s in front of the mosque, right after Friday prayers.”

Country: 
Indonesia
News Date: 
20/03/2017
Summary: 

A WOMAN was caned during a public flogging by a "Sharia law enforcer"- for spending time with a man who was not her husband.

Country: 
Indonesia
News Date: 
10/02/2017
Summary: 

The poor woman can be heard screaming in agony as she is beaten by a masked man while a cheering crowd watch on. A large number of men and women can be seen watching on while filming the despicable act on their phones. The masked man teases the crowd by cruelly moving the wooden cane close to his victim’s back, as the audience whoop and cheer.

Country: 
Nigeria
News Date: 
24/03/2004
Summary: 

A Nigerian Islamic sharia court on Wednesday postponed for almost a month the appeal of a young couple who were sentenced to be stoned to death.

Country: 
Nigeria
News Date: 
17/02/2004
Summary: 

HRW:

Country: 
Nigeria
News Date: 
20/05/2002
Summary: 

Religious and ethnic clashes have cost thousands of lives in Nigeria in the past two years and the restoration of strict Islamic law in 12 of Nigeria's 36 states has sparked bloody riots between Christians and Muslims. Now with more harsh Sharia punishments pending, including stoning, whipping, amputation and execution, and the prospect of Sharia being extended to at least one state in the predominantly Christian south, the issue might tear the country apart.

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