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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: 
Somalia
News Date: 
04/11/2008
Summary: 

A young woman recently stoned to death in Somalia first pleaded for her life, a witness has told the BBC. "Don't kill me, don't kill me," she said, according to the man who wanted to remain anonymous. A few minutes later, more than 50 men threw stones. Human rights group Amnesty International says the victim was a 13-year-old girl who had been raped.

Summary: 

From very early on, Sharia judges utilized a “near endless list of ambiguities” that functioned as an “escape hatch” from corporal punishment. Even in the few Muslim majority nations where Hudud sentences are still applied (e.g., Nigeria, Sudan, Iran, and Saudi Arabia), they are infrequently carried out:

Between 1981 and 1992, there were four executions by stoning in Saudi Arabia and forty-five amputations for theft. In a one-year sample (1982-83), out of 4,925 convictions for theft, only two hands were cut off. The rest of the guilty were punished by taʿzīr [discretionary sentencing applicable to lesser crimes]. In the same time period, out of 659 convictions for Hudud-level sexual crimes, no one was stoned. Many death sentences are the result of political punishments, not the Hudud. In Nigeria’s northern states, all of which have adopted Shariah-based legal codes, a few amputations for theft have taken place. There have been at least two sentences to death for adultery, but in all cases so far ambiguities were found to release the guilty party.

Admin: Four executions by stoning and 45 amputations in a decade seems to be an acceptable price to pay for liberals to try and exculpate sharia. This article also erroneously implies sharia only appiies to Muslims when the manual of sharia clearly states that, with a few exceptions, it does apply to non-Muslims. The article also ignore the many people slaughtered by sharia vigilantes for 'blasphemy', insulting Islam etc.

Country: 
Bangladesh
News Date: 
29/03/2011
Summary: 

Hena Akhter's last words to her mother proclaimed her innocence. But it was too late to save the 14-year-old girl. Her fellow villagers in Bangladesh's Shariatpur district had already passed harsh judgment on her. Guilty, they said, of having an affair with a married man. The imam from the local mosque ordered the fatwa, or religious ruling, and the punishment: 101 lashes delivered swiftly, deliberately in public.

Hena dropped after 70.

Country: 
Canada
News Date: 
01/05/2018
Summary: 

Muslim children in a mosque in Canada practicing beheading of infidels In a shocking video which went viral on social media. Canada may be the first Western country to adopt blasphemy law and to criminalize criticism of Islam. Justin Trudeau is most vocal Western leaders against Islamophobia which means fear of Islam. The Canadian prime minister wants to ban not only criticism of Islam but to persecute people who are afraid of Islam. Freedom of expression is a fundamental right in a democratic state and should be protected in Canada. Freedom of speech should not be limited by people's feeli

Country: 
Pakistan
News Date: 
26/04/2018
Summary: 

 Normally, people kill girls if they are born out of wedlock as this is consider a stigma. However if the baby is a boy the family try to protect him. “We have seen so many horrible incidents. One such incident which still I remember despite passage of more than a decade is the stoning of a new born baby who was found outside mosque”, says Mr. Kazmi. “A few people found a baby at the door step of a mosque in Karachi and they handed the baby over to the prayer leader. The cleric decried that this is an illegitimate baby therefore he should be stoned.

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.

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