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Shariah and hadd laws

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Shariah and hadd laws
BlessedToBeMuslim
09/02/03 at 11:06:54
Assalamu Alaikum,

I'd like to get some information regarding Shariah and Hadd laws.  How would the Shariah be applied today?  Particularly I'd like to know about hadd laws such as beheading and stoning for particular crimes.  Would these crimes be punished in these ways today?  If so, how would you explain this to non-Muslims who would call this barbarism?  If not, why?

Wassalamu Alaikum,
Uzer
Re: Shariah and hadd laws
sofia
09/02/03 at 12:28:20
As-salaamu 'alaykum wa rahmatullah,

Capital (hadd) punishment in Islaam for a murderer (for ex) is not more extreme than strapping someone into an electric chair and watching him/her die. Actually, there'd be a lot less capital punishment carried out if we followed Islaamic law, simply because the proof required is so stringent; much more so than secular law. Prophet Muhammad (S) rarely punished people for hadd crimes, due to his mercy for his people. When he did, he only did so as a last resort and for the good of society (many of those who were punished confessed and asked for the hadd punishment so they wouldn't be punished for it in the afterlife. For others, he tried to rectify them through rehabilitation and knowledge, rather than jump to punishment as a first resort). Hadd punishment (aimed at the most barbaric crimes against humanity/society/individual) is meant as a deterrant from acting out major crimes in public, to avoid making them "acceptible," and to avoid desensitizing society from recognizing right and wrong. NOT to imprison millions of minorities and/or let thousands of "well-off" criminals off the hook because they can afford it. Witness and judges carry a heavy responsibility, and false witnesses and inequity is also punishable by Islaamic law.

Watching someone be killed or hurt is not looked well upon in Islaam (how many deaths/brutalities has a normal kid seen in the US by the time they're a teen, real or acted?), unless done so for hadd punishment, which again, is rare if done correctly. Muslims must enjoin good and forbid evil, and not mix the two. And a crime done in private is between us and God, while a crime done in public is a crime against God and society.


One of my friends explained the reason for punishment for adultery to her professor who inquired about it as this: I wouldn't want to walk down the street with my child and for us to see 2 people having relations out on the street for all others to see, as well.  

Without even getting into the fact that 4 witnesses are next to impossible unless lewd acts are done in public, or that adultery destroys families and therefore societies (most criminals in the US never knew their father, for ex) her professor replied: Well, that's different, I wouldn't want my kids to see that either! In fact, we have laws for that here, too.

Hadd punishment is a means to a larger end, which is a just society. Allahu A'lim, I'm not sure about specific ways of performing hadd punishment & if that can vary; please ask someone knowledgeable in your area. Here are some general articles on Islaamic law from an older thread.

http://www.jannah.org/cgi-bin/madina/YaBB.pl?board=archives;action=display;num=1048086585
09/02/03 at 14:00:26
sofia
Re: Shariah and hadd laws
se7en
09/07/03 at 02:16:31
as salaamu alaykum wa rahmatullah,

check out www.WindowOnIslam.com, the two programs with Dr. Ingrid Mattson on Shari'ah.  I think she does an excellent job covering the topic, masha'Allah.

wasalaamu alaykum,

se7en
09/11/03 at 02:48:48
se7en
Re: Shariah and hadd laws
jannah
09/07/03 at 04:31:40
[wlm]

This is a very well done essay on the subject. Check it out inshaAllah:

[url=http://jannah.org/morearticles/4.html]Lashing, stoning, mutilating: Islamic law is barbaric and outdated. Defend the case of Islam. [/url]


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