Saddam Hanging Video

Baghdad, Iraq - Saddam Hussein’s hanging video was shot in a small underground chamber where he used to hang his enemies. The timing of the video on the sunni’s of Iraq’s Eid celebration was suspect and not very politically correct. Also making Saddam a martyr was probably the last thing the US wanted. If Saddam died as a muslim after saying the shahada testimony and he was killed as a soul for a soul which is called Hadd punishment then God is oft forgiving and most merciful and God can forgive whomever He wills. Saddam’s hanging video uncut version is disturbing Some people have argued that there is no way God can forgive such a cruel and inhumane person, but no person knows what is in the hearts and it is God who will judge Saddam Hussein. Saddam is gone and kios is still rampant in Iraq. The country needs stability and it is a rich nation with many natural resources and many bright intelligent people who have suffered too long. Iraqis must stop fighting and work together to better their nation. The sad thing is seeing people who claim to use shariah as a cover to commit attrocities and crimes against innocent people. It is sad to see muslims fighting muslims and humans shedding blood in the name of religion. Islam teaches tolerance and patience and love and peace unlike what we see and unlike what is portrayed on the news.View Saddam Hanging Video Full uncut version

Islam’s Holy City Mecca now fills with muslim pilgrims from all over the world who are embarking on a once in a life time obligatory Hajj pilgrimage as part of the Islamic Law which mandates muslims to visit Mecca once in their life as a symbol of submission to God and following in the Abrahamic footsteps of their fore fathers.Hajj is the fifth pillar of Islam.

Russian Spy burried according to Shariah

The so called Russian Spy became muslim before death. He was poisened by radioactive polonium 210 and the story has been all over the media. The twist to this came when we first saw his wife being driven away by a Chechen minister and then we hear the rumors of his conversion to Islam, which are later to be confirmed. Islamic law or the Shariah is the rules set forth in the Muslim’s holy book the Quran and the teachings of prohpet Muhammad Peace be upon him and all the prophets of God. We must wonder when we see injustice around us if the world community still has a concious. It was interesting to many muslims around the world when the Russian spy story came to its end only to expose the fact that the former spy became a muslim and took Shahadah (testimony that there is no God but Allah - the arabic name of the one deity and that Mohammed is the final messenger of God) right before his death.

When a person accepts Islam all their previuos sins are not only wiped away, but they are converted to good deeds. This is the mercy of God almighty.

There is much controversy about Ramadan and the Moon sighting for Eid and Ramadan every year. This year however a new twist has been added. As a sophisticated and highly educated muslim society in the united states we have begun forgoing the regular old moon sighting and instead begun using scientific nasaaic calculations to determine eid and ramadan for the next 10 years. Allah knows best and may He swt guide us to the best.

Please read on to an article written by some medical students and endorsed by some of the scholars and view the videos related to this moon sighting phenomenon.

was salam

Shariah Comments?

Muslims are becomming increasingly aware of the way the media is portraying our image. We must educate non-muslims and muslims alike about what Islam teaches and how it is indeed a very peaceful religion.

Sharia, Shariah, Sharee’ah, Shari’ah are all basically terms that mean the same thing. The islamic law sent down by God for all of mankind is known as sacred law to some, but muslims in arabic call it the Sharia, Shariah, Sharee’ah, Shari’ah. The word Sharia, Shariah, Sharee’ah, Shari’ah in arabic means ‘the source’ or sometimes linguistically it was refered to a source of water or an oasis. The source of law in islam is therefore Sharia, Shariah, Sharee’ah, Shari’ah.

There are many people in this world who dislike things that they see around them. Many fear that which they know not. As a matter of fact after the sad and tragic events that occurred on september 11 in the united states of america, many people were driven towards hating muslims and islamic law. Memories of the witch hunts that occurred at salem began to be conjured up once again. As a matter of fact some of this negative media publicity actually caused people to become curious and to go and read the quran themselves and see what the sharia was all about. In the end many people become muslims and reverted back to Islam.

The sharia basically is being demonized in the world today and this is greatly due to ignorance and what the media has done to taint the image of muslims all around.

Islamic Law

God sent down many messengers over time to remind people of the true and straight path and to guide mankind. Prophets such as Abraham, Moses, Noah, Jesus and Muhammed peace and blessings of God be upon them. The purpose of messengers was to warn us and to show us the truth and to bring to us revelation from God. God also revealed laws that man should abide by and follow. Everything from marital and sexual relationships to ruling and trade were discussed. Islamic law is comprehensive and complete and covers all aspects of man’s life.

Women in Sharia, Shariah, Sharee’ah, Shari’ah

Women in Islam are treated with dignity and respect and are not to be objects of sex in society. Women are considered equal in the sight of God, but are given slightly different and complementary roles to men. Women historically have contributed much to Islamic civilization and society.

August 9, 2005

Punishments have always been considered an integral part of the concept of justice. Indeed, a common man would find it hard to think of justice as something very different or separate from rewarding or punishing people according to how well or badly they observe the body of the mutual rights and obligations in their society. But if the concept of punishment is universal, the controversies surrounding it are nonetheless intense. We shall now look at some basic Islamic principles concerning punishments.

Basic Principles

Each human being is responsible for his or her actions. This simple truth provides the whole basis for the justification of punishment; for to fulfill the purpose of this creation, mankind has been granted the freedom to choose and act and the moral sense to distinguish between right and wrong. Responsibility goes with knowledge and freedom. Punishment cannot, therefore, be meted out to one person for another person’s actions, for acts intended but not performed, or for acts done under duress or while not of sound mind. Everyone must be equal before the law and their guilt must be established by the due process of justice.

Proportional Justice

It is important to note that there is no concept in Islam of the punishment being exactly and justly proportional to the crime. Absolute and truly proportional justice would require the exact and complete evaluation of such complex factors as intentions and motives, the surrounding circumstances, and the causes and repercussions—factors which human judges must consider but cannot evaluate fully and which only God, in the new moral order to be set up in the life after death, can measure. Islamic punishments are not, therefore, to be judged on the scales of proportional and full retribution. They are, however, laid down by the One who is infinitely merciful and wise, and are, therefore, more suitable for the particular crimes than anything that can be prescribed by any human legislature or judge.

Part of a Whole

Most importantly, punishments are only a part of a vastly larger, integrated whole. They can neither be properly understood nor successfully or justifiably implemented in isolation. First, law is not the main, or even major, vehicle in the total framework for the reinforcement of morality; it is the individual’s belief, the individual’s God-consciousness and taqwa—that inherent and innate quality which makes one want to refrain from what displeases God and do what pleases Him. Second, justice is a positive ideal which permeates and dominates the entire life of the community—it is not merely an institutionalized means of inflicting punishment. Third, and consequently, a whole environment is established where to do right is encouraged, facilitated, and found easy, while to do wrong is discouraged, inhibited, and found difficult. All men and women are enjoined, as their foremost duty, to aid, exhort, and commend each other to do good and to avoid evil.

Functional Nature

Penalties in Islam are more of a functional nature, to regulate and deter. God has laid down a body of mutual rights and obligations that are the true embodiment of justice. He has also laid down certain boundaries and limits to be observed and maintained for this very purpose. If people and nations desire to move in peace and safety on the highways of life, they must stick to the traffic lanes demarcated for them and observe all the signposts erected along their routes. If they do not, they not only put themselves in danger, but endanger others. They, therefore, naturally make themselves liable to penalties—not in vengeful retribution, but to regulate the orderly exchanges in a person’s life in accordance with justice.

It is a significant contribution of Islam that these penalties are called hudud (boundaries) and not punishments: they are liabilities incurred as a result of crossing the boundaries set by God. An important consequence of these hudud having been laid down by God and not by man, is that it is beyond human authority to reduce or supersede them out of a sense of mercy greater than that of God; nor can a tyrant or autocrat add to them out of a greater sense of strict justice. For no one can be more merciful or wiser or more just than God Himself.

Another important function that these punishments serve is educative, thus preventive and deterrent. The Qur’an alludes to this aspect when it describes them as exemplary punishment from God (Al-Ma’idah 5:38). Punishments are thus designed to keep the sense of justice alive in the community by a public repudiation of the acts violating the limits set by God. They are expected to build up in the society a deep feeling of abhorrence for transgression against fellow human beings, and therefore against God, a transgression which, according to the Qur’an, is the root cause of all disorders and corruption in human life.

Retribution—Qisaas

Apart from punishments for transgressions like extramarital sex, theft, libel, and drinking, the Qur’an also provides for the principle of qisaas or retribution. When a person causes physical injury or harm to a fellow human being, Islam gives the injured party the right of equal requital—the well known principle of “an eye for an eye, a tooth for a tooth.� This procedure is persistently labeled by critics as primitive and uncivilized. In the Islamic view of history, it is worth pointing out, what is primitive has never been necessarily uncivilized. The first man was given all necessary knowledge and guidance, and though he may have been technologically backward compared to the twentieth century, he definitely was not humanly backward. Uncivilized is what a person thinks and does in deviating from the divine order.

In the eyes of the Qur’an, (in retribution (qisaas) lies life for you.) (Al-Baqarah 2:179) The reasons are obvious. First, the right of retribution belongs to individuals, not society or the state; this simple shift in responsibility results in a profound and far reaching change in the whole system of implementing justice. The state does not have to intervene every time two human beings are involved in a dispute. Thus, instead of starting an irreversible process of trial and punishment, it leaves the ground open for settlement between individuals, without interference by impersonal bureaucratic machinery, though under no circumstances can the individual take the law into his or her own hands.

The injured person, in turn, may forgo the right to retribution by forgiving, or may agree to accept a monetary or token recompense instead. The Qur’an, in fact, highly recommends the act of forgiving. Thus, under qisaas, punishment is avoidable without burdening the executive or judiciary with the dilemma of whether to exercise mercy. As against a court, which must act according to law once a case is brought before it, an individual is free to act as he or she wishes. Justice has to be blind, but an individual may take circumstances into account, and suspend judgment in the hope of being forgiven by God in the Hereafter. Very few realize that the principle of qisaas even allows capital punishment to be avoided.

Mercy and Leniency

Having prescribed punishments and imposed strict and meticulous, though not impossible, conditions of evidence, Islam has built in a whole range of principles and precepts which reflect not a frenzied desire to flog and stone but a compassionate urge to avoid and eschew. Islam does not allow either the state or individuals to spy upon people unless well founded suspicion exists that a crime is being committed or a fellow human being’s rights or interests are in jeopardy. Nor is it obligatory to report every crime. Where possible, settlements outside court are preferred. The punishment is swiftly over; the guilty person and his or her family do not have to live with the kind of lengthy public stigma that they would have had to endure in the case of a prison sentence at the end of a trial. The imposition of divinely prescribed hudud enhances, not diminishes, the individual’s dignity and stature in society and before God.

Alleged Cruelty

As to the alleged cruelty of physical penalties, one wonders if to deprive a person of his or her freedom (the most precious and valuable possession), the right to act and continue to make moral choices, the right to live with a family (to work for and support them) is not more cruel. Indeed, a prison term can inflict untold misery on innocent people whose lives are intertwined with the life of the prisoner. Prison becomes a school for hardening criminal behavior and a breeding ground for recidivism. Why should it be considered more cruel for a person found drug trafficking to be given ten lashes than to be sent to languish in prison for, say, ten years.

Reform Syndrome

Why does Islam want to punish and not reform? The question is fallacious, for in Islam, every institution of society is value-oriented and owes a responsibility towards the moral development of every person from the cradle to the grave. Reform is, therefore, a pre-crime responsibility and not a post-crime syndrome and nightmare. Islam makes every effort to ensure that inducement to commit crime is minimal. Once the crime is committed, the best place for reform is in the family and in the society where a criminal is to live after punishment, not in a prison where every inmate is a criminal; unless, of course, a society considers itself to be more corrupt and less competent to effect reform than a jail! Against this, the “modern, enlightened� approach is to provide every inducement to crime by building a society based on conspicuous consumption; to make society, education, and every other institution “value free� and then to try to reform a criminal by segregating the person and keeping him or her in a prison.

Procedural Justice

Sentences in Islam are certainly harsh, but still more strict and severe are the procedures laid down to be observed before a person may be convicted. These procedures are modeled on the paradigm of the Day of Judgment, when even God, though He is All-knowing, and Just, will not punish a person unless He establishes that person’s guilt. “To let nine criminals go free is preferable to convicting one innocent man,� said the Prophet.

sharia law is for all mankind. It is codified in the holy Quran and authentic sayings and teachings of the final messenger and prophet Mohammed pbuh.

Shariah law covers everything in one’s daily life from eating and sleeping to politics and government.

Reproduced with permission from the Office of International Criminal Justice at the University of Illinois

The general public and many academics have several preconceived notions about Islamic Law. One such notion is that Islamic judges are bound by ancient and outdated rules of fixed punishments for all crimes. This paper explores that idea and looks at other myths in an attempt to present Islamic Law from a non-biased view of Shar’iah Law.

Some contemporary scholars fail to recognize Islamic Law as an equal to English Common Law, European Civil Law and Socialist Law. A few academics have even attempted to place Islamic Law into the Civil Law tradition. Other writers have simply added a footnote to their works on comparative justice on the religious law categories of Islamic Law, Hindu Law, which is still used in some parts of India, and the Law of Moses from the Old Testament which still guides the current thought of the Israeli Knesset (Parliament) today. This survey will attempt to alter some of these inaccurate perceptions and treatments in both the contemporary literature and academic writings.

Mohammed Salam Madkoar explains the theoretical assumptions of Islamic Law:

In order to protect the five important indispensables in Islam (religion, life, intellect, offspring and property), Islamic Law has provided a worldly punishment in addition to that in the hereafter. Islam has, in fact, adopted two courses for the preservation of these five indispensables: the first is through cultivating religious consciousness in the human soul and the awakening of human awareness through moral education; the second is by inflicting deterrent punishment, which is the basis of the Islamic criminal system. Therefore “Hudud,” Retaliation (Kisas) and Discretionary (Tazir) punishments have been prescribed according to the type of the crime committed.

Islamic Law and Jurisprudence is not always understood by the western press. Although it is the responsibility of the mass media to bring to the world’s attention violations of human rights and acts of terror, many believe that media stereotyping of all Muslims is a major problem. The recent bombing at the World Trade Centre in New York City is a prime example. The media often used the term “Islamic Fundamentalists” when referring to the accused in the case. It also referred to the Egyptian connections in that case as “Islamic Fundamentalists.” The media has used the label of “Islamic Fundamentalist” to imply all kinds of possible negative connotations: terrorists, kidnappers and hostage takers. Since the media does not use the term “Fundamentalist Christian” each time a Christian does something wrong, the use of such labels is wrong for any group, Christians, Muslims, or Orthodox Jews.

A Muslim who is trying to live his religion is indeed a true believer in God. This person tries to live all of the tenets of his religion in a fundamental way. Thus, a true Muslim is a fundamentalist in the practice of that religion, but a true Muslim is not radical, because the Qur’an teaches tolerance and moderation in all things. When the popular media generalizes from the fundamentalist believer to the “radical fundamentalist” label they do a disservice to all Muslims and others.
No Separation of Church and State
To understand Islamic Law one must first understand the assumptions of Islam and the basic tenets of the religion. The meaning of the word ‘Islam’ is “submission or surrender to Allah’s (God’s) will.” Therefore, Muslims must first and foremost obey and submit to Allah’s will. Mohammad the Prophet was called by God to translate verses from the Angel Gabriel to form the most important book in Islam, the Qur’an, Muslims believe.

There are over 1.2 billion Muslims today world-wide, over 20% of the world’s population. “By the year 2000, one out of every four persons on the planet will be a Muslim,” Rittat Hassan estimated in 1990. There are 35 nations with population over 50% Muslim, and there are another 21 nations that have significant Muslim populations. There are 19 nations which have declared Islam in their respective constitutions. The Muslim religion is a global one and is rapidly expanding. The sheer number of Muslims living today makes the idea of putting Islamic Law into a footnote in contemporary writings inappropriate.

The most difficult part of Islamic Law for most westerners to grasp is that there is no separation of church and state. The religion of Islam and the government are one. Islamic Law is controlled, ruled and regulated by the Islamic religion. The theocracy controls all public and private matters. Government, law and religion are one. There are varying degrees of this concept in many nations, but all law, government and civil authority rests upon it and it is a part of Islamic religion. There are civil laws in Muslim nations for Muslim and non-Muslim people. Shar’iah is only applicable to Muslims. Most Americans and others schooled in Common Law have great difficulty with that concept.The U.S. Constitution (Bill of Rights) prohibits the government from “establishing a religion.” The U.S. Supreme Court has concluded in numerous cases that the U.S. Government can’t favour one religion over another. That concept is implicit for most U.S. legal scholars and many U.S. academicians believe that any mixture of “church and state” is inherently evil and filled with many problems. They reject all notions of a mixture of religion and government.

To start with such preconceived notions limits the knowledge base and information available to try and solve many social and criminal problems. To use an analogy from Christianity may be helpful. To ignore what all Christian religions except your own say about God would limit your knowledge base and you would not be informed or have the ability to appreciate your own religion. The same is true for Islamic Law and Islamic religion. You must open your mind to further expand your knowledge base. Islamic Law has many ideas, concepts, and information that can solve contemporary crime problems in many areas of the world. To do this you must first put on hold the preconceived notion of “separation of church and state.”
Judge (Qazi)
Another myth concerning Islamic Law is that there are no judges. Historically the Islamic Judge (Qazi) was a legal secretary appointed by the provincial governors. Each Islamic nation may differ slightly in how the judges are selected. Some nations will use a formal process of legal education and internship in a lower court. For example, in Saudi Arabia there are two levels of courts. The formal Shariah Courts which were established in 1928 hear traditional cases. The Saudi government established a ministry of justice in 1970, and they added administrative tribunals for traffic laws, business and commerce. “All judges are accountable to God in their decisions and practices” (Lippman, p.66-68).

One common myth associated with Islamic Law is that judges must always impose a fixed and predetermined punishment for each crime. Western writers often point to the inflexible nature of Islamic Law. Judges under Islamic Law are bound to administer several punishments for a few very serious crimes found in the Qur’an, but they possess much greater freedom in punishment for less serious (non-Hadd) crimes. Common law is filled with precedents, rules, and limitations which inhibit creative justice. Judges under Islamic Law are free to create new options and ideas to solve new problems associated with crime.
Elements of Shar’iah Law
Islamic law is known as Shariah Law, and Shariah means the path to follow God’s Law. Shar’iah Law is holistic or eclectic in its approach to guide the individual in most daily matters. Shariah Law controls, rules and regulates all public and private behaviour. It has regulations for personal hygiene, diet, sexual conduct, and elements of child rearing. It also prescribes specific rules for prayers, fasting, giving to the poor, and many other religious matters. Civil Law and Common Law primarily focus on public behaviour, but both do regulate some private matters.

Shar’iah Law can also be used in larger situations than guiding an individual’s behaviour. It can be used as guide for how an individual acts in society and how one group interacts with another. The Shar’iah Law can be used to settle border disputes between nations or within nations. It can also be used to settle international disputes, conflicts and wars. This Law does not exclude any knowledge from other sources and is viewed by the Muslim world as a vehicle to solve all problems civil, criminal and international.

Shar’iah Law has several sources from which to draw its guiding principles. It does not rely upon one source for its broad knowledge base. The first and primary element of Shar’iah Law is the Qur’an. It is the final arbitrator and there is no other appeal. The second element of Shar’iah Law is known as the Sunna, the teachings of the Prophet Mohammad not explicitly found in the Qur’an. The Sunna are a composite of the teachings of the Prophet and his works. The Sunna contain stories and anecdotes, called Hadith, to illustrate a concept. The Qur’an may not have all the information about behaviour and human interaction in detail; the Sunna gives more detailed information than the Qur’an.

The third element of Shar’iah Law is known as the Ijma. The Muslim religion uses the term Ulama as a label for its religious scholars. These Ulama’s are consulted on many matters both personal and political. When the Ulama’s reach a consensus on an issue, it is interpreted as Ijma. The concepts and ideas found in the Ijma are not found explicitly in the Qur’an or the teachings of the Prophet (Sunna). Islamic judges are able to examine the Ijma for many possible solutions which can be applied in a modern technical society. They are free to create new and innovative methods to solve crime and social problems based upon the concepts found in the Ijma.These judges have great discretion in applying the concepts to a specific problem.

The Qiyas are a fourth element of Shar’iah Law. The Qiyas are not explicitly found in the Qur’an, Sunna, or given in the Ijma. The Qiyas are new cases or case law which may have already been decided by a higher judge. The Shar’iah judge can use the legal precedent to decide new case law and its application to a specific problem. The judge can use a broad legal construct to resolve a very specific issue. For example, a computer crime or theft of computer time is not found in the Qur’an or Sunna. The act of theft as a generic term is prohibited so the judge must rely on logic and reason to create new case law or Qiyas.

The fifth element of Shar’iah Law is very broad and “all encompassing.” This secondary body of knowledge may be ideas contained in the other written works. The New Testament is an example of this area of information, and legal discourses based upon Civil Law or Common Law may be another example. All information can be examined for logic and reason to see if it applies to the current case. It also may be a local custom or norm that judge may find helpful in applying to the issue before him. The judge may also weigh the impact of his decision upon how it will effect a person’s standing in the community.
Crimes in Islam
Crimes under Islamic Law can be broken down into three major categories. Each will be discussed in greater detail with some common law analogies. The three major crime categories in Islamic Law are:

1. Hadd [plural Hudud] Crimes (most serious).
2. Tazir Crimes (least serious).
3. Qesas Crimes (revenge crimes restitution).

Hadd crimes are the most serious under Islamic Law, and Tazir crimes are the least serious. Some Western writers use the felony analogy for Hadd crimes and misdemeanor label for Tazir crimes. The analogy is partially accurate, but not entirely true. Common Law has no comparable form of Qesas crimes.

Fairchild, in her excellent book on comparative justice, makes the following observation of Islamic Law and punishment (Fairchild, p.41).

Punishments are prescribed in the Qur’an and are often harsh with the emphasis on corporal and capital punishment. Theft is punished by imprisonment or amputation of hands or feet, depending on the number of times it is committed . . .

Hadd Crimes
Hadd crimes are those which are punishable by a pre-established punishment found in the Qur’an. These most serious of all crimes are found by an exact reference in the Qur’an to a specific act and a specific punishment for that act. There is no plea-bargaining or reducing the punishment for a Hadd crime. Hadd crimes have no minimum or maximum punishments attached to them. The punishment system is comparable to the determinate sentence imposed by some judges in the United States. If you commit a crime, you know what your punishment will be. There is no flexibility in the U.S. determinate model or in the punishment for Hadd crimes of Islamic Law.

No judge can change or reduce the punishment for these serious crimes. The Hadd crimes are:

1. Murder;
2. Apostasy from Islam

1. (making war upon Allah and His messengers)
1. Theft
2. Adultery
3. Defamation

2. (false accusation of adultery or fornication)
1. Robbery
2. Alcohol-drinking [any intoxicants]

The first four Hadd crimes have a specific punishment in the Qur’an. The last three crimes are mentioned but no specific punishment is found (Schmalleger, p.603).

Some more liberal Islamic judges do not consider apostasy from Islam or wine drinking as Hadd crimes. The more liberal Islamic nations treat these crimes as Tazir or a lesser crime.

Hadd crimes have fixed punishments because they are set by God and are found in the Qur’an. Hadd crimes are crimes against God’s law and Tazir crimes are crimes against society. There are some safeguards for Hadd crimes that many in the media fail to mention. Some in the media only mention that if you steal, your hand is cut off. The Islamic judge must look at a higher level of proof and reasons why the person committed the crime. A judge can only impose the Hadd punishment when a person confesses to the crime or there are enough witnesses to the crime. The usual number of witnesses is two, but in the case of adultery four witnesses are required. The media often leaves the public with the impression that all are punished with flimsy evidence or limited proof. Islamic law has a very high level of proof for the most serious crimes and punishments. When there is doubt about the guilt of a Hadd crime, the judge must treat the crime as a lesser Tazir crime. If there is no confession to a crime or not enough witnesses to the crime, Islamic law requires the Hadd crime to be punished as a Tazir crime.
Tazir Crimes
Modern Islamic Society has changed greatly from the time of the Prophet. Contemporary Shar’iah Law is now in written form and is statutory in nature. Islamic concepts of justice argue that a person should know what the crime is and its possible punishment. For example, Egypt has a parliamentary process which has a formal penal code written and based upon the principles of Islamic Law, but Saudi Arabia allows the judge to set the Tazir crimes and punishments. Modern Islamic Law recognizes many differences between these two nations. It also allows for much greater flexibility in how it punishes an offender. The major myth of many people is that judges in Islamic nations have fixed punishments for all crimes. In reality the judges have much greater flexibility than judges under common law.

Tazir crimes are less serious than the Hadd crimes found in the Qur’an. Some common law writers use the analogy of misdemeanors, which is the lesser of the two categories (felony and misdemeanor) of common law crimes. Tazir crimes can and do have comparable “minor felony equivalents.” These “minor felonies” are not found in the Qur’an so the Islamic judges are free to punish the offender in almost any fashion. Mohammed Salam Madkoar, who was the head of Islamic Law at the University of Cairo, makes the following observation (Ministry of the Interior, 1976, p.104):

Tazir punishments vary according to the circumstances. They change from time to time and from place to place. They vary according to the gravity of the crime and the extent of the criminal disposition of the criminal himself.

Tazir crimes are acts which are punished because the offender disobeys God’s law and word. Tazir crimes can be punished if they harm the societal interest. Shar’iah Law places an emphasis on the societal or public interest. The assumption of the punishment is that a greater “evil ” will be prevented in the future if you punish this offender now.

Historically Tazir crimes were not written down or codified. This gave each ruler great flexibility in what punishments the judge was able to dispense. The judge under Islamic Law is not bound by precedents, rules, or prior decisions as in common law. Judges are totally free to choose from any number of punishments that they think will help an individual offender. The only guiding principle for judges under Shar’iah Law is that they must answer to Allah and to the greater community of Muslims. Some of the more common punishments for Tazir crimes are counselling, fines, public or private censure, family and clan pressure and support, seizure of property, confinement in the home or place of detention, and flogging.

In some Islamic nations, Tazir crimes are set by legislative parliament. Each nation is free to establish its own criminal code and there is a great disparity in punishment of some of these crimes. Some of the more common Tazir crimes are: bribery, selling tainted or defective products, treason, usury, and selling obscene pictures. The consumption of alcohol in Egypt is punished much differently than in Iran or Saudi Arabia because they have far different civil laws. Islamic law has much greater flexibility than the Western media portrays. Each judge is free to punish based upon local norms, customs, and informal rules. Each judge is free to fix the punishment that will deter others from crime and will help to rehabilitate an offender.
Qesas Crimes and Diya
Islamic Law has an additional category of crimes that common law nations do not have. A Qesas crime is one of retaliation. If you commit a Qesas crime, the victim has a right to seek retribution and retaliation. The exact punishment for each Qesas crime is set forth in the Qur’an. If you are killed, then your family has a right to seek Qesas punishment from the murderer. Punishment can come in several forms and also may include “Diya.” Diya is paid to the victim’s family as part of punishment. Diya is an ancient form of restitution for the victim or his family. The family also may seek to have a public execution of the offender or the family may seek to pardon the offender. Traditional Qesas crimes include:

1. Murder (premeditated and non-premeditated).
2. Premeditated offences against human life, short of murder.
3. Murder by error.
4. Offences by error against humanity, short of murder.

Some reporters in the mass media have criticized the thought of “blood money” as barbaric. They labelled the practice as undemocratic and inhumane. Qesas crimes are based upon the criminological assumption of retribution. The concept of retribution was found in the first statutory “Code of Hammurabi” and in the Law of Moses in the form of “an eye for an eye.” Muslims add to that saying “but it is better to forgive.” Contemporary common law today still is filled with the assumptions of retribution. The United States federal code contains “mandatory minimum” sentences for drug dealing, and many states have fixed punishment for drugs and violence and using weapons. The United States justice system has adopted a retribution model which sets fixed punishments for each crime. The idea of retribution is fixed in the U.S. system of justice. Qesas crime is simple retribution: if one commits a crime he knows what the punishment will be.

Diya has its roots in Islamic Law and dates to the time of the Prophet Mohammad when there were many local families, tribes and clans. They were nomadic and travelled extensively. The Prophet was able to convince several tribes to take a monetary payment for damage to the clan or tribe. This practice grew and now is an acceptable solution to some Qesas crimes.

Today, the Diya is paid by the offender to the victim if he is alive. If the victim is dead, the money is paid to the victim’s family or to the victim’s tribe or clan. The assumption is that victims will be compensated for their loss. Under common law, the victim or family must sue the offender in a civil tort action for damages. Qesas law combines the process of criminal and civil hearings into one, just as the “civil law” is applied in many nations of the world. Qesas crimes are compensated as restitution under common law and civil law.

The Qesas crimes require compensation for each crime committed. Each nation sets the damage before the offence and the judge then fixes the proper Diya. If an offender is too poor to pay the Diya, the family of the offender is called upon first to make good the Diya for their kin. If the family is unable to pay, the community, clan or tribe may be required to pay. This concept is not found in common law or the civil law of most nations. It acts as a great incentive for family and community to teach responsible behaviour. What happens to the debt if the offender dies and has not paid it? Historically, it was passed on to the offender’s heirs. Today, most nations terminate the debt if the offender left no inheritance.

One question that is often raised is “What happens if a victim takes the Diya without government approval?” The victim or family has committed a Tazir crime by accepting money which was not mandated by a judge: taking Diya must be carried out through proper governmental and judicial authority.

Another concept of Qesas crimes is the area of punishment. Each victim has the right to ask for retaliation and, historically, the person’s family would carry out that punishment. Modern Islamic law now requires the government to carry out the Qesas punishment. Historically, some grieving family member may have tortured the offender in the process of punishment. Now the government is the independent party that administers the punishment, because torture and extended pain is contrary to Islamic teachings and Shar’iah Law.
Conclusions
Contemporary treatment of Islamic Law and “Radical Muslims” is filled with stereotypical characterizations. Some in the Western media have used the “New York City bombings” as a way to increase hate and prejudice. They have taken the views of a few radicals and projected them onto all Muslims. This action has done a great disservice to the Muslim world. Some academic writings also have been distorted and not always completely accurate and some researchers have concluded that Islamic Law requires a fixed punishment for all crimes. These writers also have concluded that Islamic judges lack discretion in their sentences of defendants in the Shar’iah Court System. There are four Hadd crimes that do have fixed punishments set forth in the Qur’an, but not all the Hadd crimes are bound by mandatory punishment.

Islamic Law is very different from English Common Law or the European Civil Law traditions. Muslims are bound to the teachings of the Prophet Mohammad whose translation of Allah or God’s will is found in the Qur’an. Muslims are held accountable to the Shar’iah Law, but non-Muslims are not bound by the same standard (apostasy from Allah). Muslims and non-Muslims are both required to live by laws enacted by the various forms of government such as tax laws, traffic laws, white collar crimes of business, and theft. These and many other crimes similar to Common Law crimes are tried in modern “Mazalim Courts.” The Mazalim Courts can also hear civil law, family law and all other cases. Islamic Law does have separate courts for Muslims for “religious crimes” and contemporary non-religious courts for other criminal and civil matters.
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