Shariah Islamic Law
by Denis J. Wiechman, Jerry D. Kendall, and Mohammad K. Azarian
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 One such notion is that Islamic judges are bound by ancient and outdated rules of fixed punishments for all crimes.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.
Selected Bibliography
Al-Alfi, Ahmad Abd al-Aziz “Punishment in Islamic Criminal Law” found in Bassiouni, M. Cherif. The Islamic Criminal Justice System, New York: Oceana Publication, Inc.,1982. pp. 227-236.
Al-Thakeb, Fahed and Scott, Joseph E. “Islamic Law: An Examination of its Revitalization.” British Journal of Criminology. Vol.21, No.1 (Jan.1981),pp.58-69.
Ali, B. “Islamic Law and Crime: The Case of Saudi Arabia.” International Journal of Comparative and Applied Criminal Justice. Vol.9, No.2 (Winter, 1985) pp. 45-57.
Badr, Gamal Mouri, “Islamic Law: Its Relation to Other Legal Systems.” The American Journal of Comparative Law. Vol. 26 (1978), pp. 187-198.
Bassiouni, M. Cherif. Editor. The Islamic Criminal Justice System. New York: Oceana Publications, Inc.,1982.
Doi, Abdur Rahman I. Shariah: The Islamic Law. London: Ta-Ha Publishers, 1984.
Doi, Abdur Rahman I. Shariah in the 1500 Century of Hijra Problems and Prospects. London: Ta-Ha Publishers, 1981.
El-Awa, Mohamed S. Punishment in Islamic Law: A Comparative Study. Indianapolis: American Trust Publishers, 1982.
Ezeldin, Ahmed Galal. “Judicial Control of Policing in Egypt.” CJ International Vol. 7, No.4 (July-August, 1991), pp. 3,4.
Fairchild, Erika S. Comparative Criminal Justice Systems. Belmont, CA.: Wadsworth Publishing Co., 1993.
Fitzgerald, S.V. “The Alleged Debt of Islamic Law to Roman Law.” The Law Quarterly, Vol. 67. (Jan.,1951), pp. 81-102.
Ghanem, Isam. Outlines of Islamic Jurisprudence. Riyadh, Saudi Arabia: Saudi Publishing and Clearing House, 1983.
Griffiths, Curt Taylor. “The Criminal Justice System of Egypt.” International Criminal Justice Systems II, Omaha, Nebraska: Academy of Criminal Justice Sciences, 1986, pp. 13-26
Hassan, Rittat. “Muslims in America: A Living Presence.” Horizons. (November/December, 1990), pp.10-11
Heer, Nicholas. editor, Islamic Law and Jurisprudence. Seattle, WA.: University of Washington Press. 1990.
Khadduri, Majid and Herbert J. Liebesny, eds. Origin and Development of Islamic Law, Volume 1 of Law in the Middle East. ed. Majid Khadduri and Herbert J.Liebesny. New York: AMS Press,1984.
Laliwala, Jafer Ismail. The Islamic Jurisprudence. India: The India Institute of Islamic Studies.
Lamb, David. The Arabs: Journeys Beyond the Mirage. New York: Vintage Books, 1987.
Lippman, Matthew and McConnville, Sean and Yerushalmi, Mordechai. Islamic Criminal Law and Procedure and Introduction. New York: Praeger, 1988.
Masud. Muhammad Khalid. Islamic Legal Philosophy. Pakistan: Islamic Research Institute, Reprint 1984.
Mernissi, Fatima. The Veil and the Male Elite. New York: Addison-Wesley Publishing Company, Inc., 1987.
Moore, Richter H. “Islamic Legal Systems: A Comparison-Saudi Arabia, Bahrain and Pakistan.” Comparative Criminal Justice Chicago, IL.: Office of International Criminal Justice, 1989., pp.243-250.
Moore, Richter H. “The Criminal Justice System of Saudi Arabia.” International Criminal Justice Systems II. Omaha, Nebraska: Academy of Criminal Justice Sciences, 1986., pp.139-198.
Qadri, Anwar Ahmad. A Sunni Shafi’i Law Code. Sh. Muhammad Ashraf. (Available at Mahmud’s Bazaar, P.O. Box 505, Conley, GA 30027)
“Rising Fundamentalist Movement Takes Centre Stage.” CJ International Vol.8, No. 2, (March-April, 1992), p.1-6.
Schmalleger, Frank. Criminal Justice Today. 2nd ed. Englewood Cliffs, NJ.: Peentice Hall, 1993.
Trojan, Carol. “Egypt: Evolution of a Modern Police State”. Comparative Criminal Justice. Chicago, IL: Office of International Criminal Justice, University of Illinois at Chicago, 1989, pp.235-242.
Ward, Dick. “Fanatic Fundamentalism Brings Renewed Strife and Concern in Region.” CJ International, Vol.9, No.2 (March-April, 1993), pp.14.
Weiss, Bernard. “Interpretation in Islamic Law: The Theory of Ijtihad.” The American Journal of Comparative Law, Vol. 26, (1978),pp.199-212.
United Nations Social Defense Research Institute. The Effect of Islamic Legislation on Crime Prevention in Saudi Arabia. Proceedings of the Symposium held in Riyadh. 16-21 Shariah 1396 A.H.(9-13 October, 1976) Riyadh, Saudi Arabia. Ministry of Interior, Kingdom of Saudi Arabia, 1980.
April 9th, 2005 at 5:20 am
I am based in the United Kingdom, and would seek advice on where I can obtain a copy of Shariah Law ?
April 20th, 2005 at 9:54 am
ASSALAMU ALEIKUM
Dear Brother in Islam-UK
I am italian-argentine converted muslim and I have arrived to Milano ITALY one year ago…
I would like to receive free Islamic books about Dawah, History, Hadiths, Tafsir, Salat, etc…so that the few new converted muslims can read in English or Spanish here in Milano IT….because there are not many Islamic books in Italian at the Masjid….
Also free Islamic books in bangla for bangladeshi muslims here…
Who can send to us?
Well, thank you very much in advance for any courtesy you may show to us…..pray for us and may ALLAH bless to all you Inshallah…..
Sincerely yours WASALAM
Yusuf Mayid Palazzo
Milano ITALIA
QRT
May 14th, 2005 at 7:58 pm
Ass Salam Walleikum!!!
May 16th, 2005 at 12:40 pm
wa alyakum as salam sister Sarah Arif Khan. Welcome to our site dedicated to the defense and propagation of shariah islamic law. Please post articles that you feel are pertinent to the issues happening in the muslim world.
July 14th, 2005 at 4:25 pm
as salam alaikum.
Could you write something about the difference between shariah and sunnah and why the muslims split ..and what the differences is today, please?
wasalam
// Mona
July 24th, 2005 at 11:24 am
as salam alaikum.
thediffrence between sharia and sunna is that sharia is derived from sunns it is the source of sharia.and muslims split because of lack of understanding of koran and hadith
more they study koran and devlop understanding their will be less diffrences
July 31st, 2005 at 7:10 am
thanks, I will be verythakfull ,if u give that u means the “religous court”as I know in islam there is no religious crime but crime is crime may be u means somethin else…if pls inform me…
August 6th, 2005 at 6:51 pm
Hi there!
I’d like to simply thank you for shedding more light into this. I for one, do not trust everything that the media says, no matter how aggreviating the so called “Muslim Fundamentalists” actions are, they didn’t do it for nothing.
I was baptised a Catholic, although right now, after reading texts, seeing the flaws of religion, I’m labelled as an agnostic. Shariah law is what the Church(christian) could only dream of. Muslims have the dicipline that most christians nowadays do not possess.
I applaud your work here, and will pass your address on to my friends and colleagues so they too can be enlightened by your short but very detailed explanation of Shariah.
Again my thanks, and hope to peace everywhere!
August 9th, 2005 at 4:43 am
hhhuuummmmmmmmmmm
August 9th, 2005 at 4:50 am
hello islamic thing,s do you now that england has got some english people in it ,,,, and gess what were a tad enoyed so i think that you,s are very brave thing,s to be live in a sleeping hornets nest were your out number about 50/1 so well done , cos you winding us up day by day keep it up ):(
August 9th, 2005 at 5:40 am
Good website
August 15th, 2005 at 10:01 am
Posts need to be filtered many are not related to Islam or website
August 16th, 2005 at 3:30 pm
Assalamu alykum brothers and sisters:
I have a question about muslims’ normal family life.
Is oral sex allowed for muslim? How about anal sex? Because somebody asked me about this.
The question related to only between husband and wife. ( with nikah).
Thank you.
August 19th, 2005 at 10:14 am
BISSMI LLAHI AL-RAHMANI AL- RAHIM
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asslam alaikum warahmatullahi wabar katuhu amma baad…….
Dear brothers) in islam.
APPLICATION FOR AND ISLAMIC BOOKS FOR STUDIES,
LITRETURES, CASSETES OF WAAZD AND TAFSIR BOOKS,ARABIC TEACHING GUID,STUDENT GUID FOR LEARNING ARABIC.
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This is the voice of Alsheik Ahmed saffar taiyeb albakariy,the popritor of
INSTITUTE OFG ISLAMIC STUDIES AND MEMORAIZATION OF HOLY QURAN.
Apealing to you to help us with some Quraans and islamic litretures and cassetes of wazd, and islamic dictionaries .
first of all hope you are all doing well?.
actually at first the population of our school is about (254)pupils, but now thanks and praise be to the allmighty Omnipotents Allah, the population increased to over (1157 students) and are inneed of help of the above mentioned items, also the school has a branch which is well known in kumasi ghana,and the school is for islamic new entrance women,this school has stayed long for about a two year now, and they are looking for thoes who will sponser them so with islamic books so that they will know more about islam,they have seen islam to be the best religion,and as at now they are about 236 women,in the school, and we are trying our best so that they will not leave the right way, so pleaase help, they are looking forword to hear from you,and try as much as you can afford,thank you their address is bellow.
BROTHERS IN ISLAM.
As you know we have no body to help us except you our brothers in islam, hope you are going to help us, and we pray for you that Allah should give you power of helping us?..
as our prophet Mohammed (s.a.w)said; Allah is in help of thoes who help others.
may Allah let your work prosper forever for islamic and muslems, we are convinced that the items that you are going to help us with it wil be addition to the school library too, as well as we are looking forwerd to hear from you.
THANK YOU,may the blessing of allmigthy Allah bee upon you, we wish to end here, wishing you all the best of life, and extend our message to all the Magazins producers and societies librarys in your country?.
MUDIR OF THE INSTITUTE;
ALSHEIK AHMED SAFFAR TAIYEB ALBAKARIY
THE SCHOOL ADDRESS
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INSTITUTE OF ISLAMIC STUDIES AND
MEMORIZATION OF HOLY QURAAN.
P.O.BOX AO, 143, ABOABO,KUMASI
GHANA - WEST -AFRICA.
THE SCHOOL BRANCH
_______________________
NEW ENTRANCE ISLAMIC WOMEN SCHOOL
P.O.BOX AO 143,ABOABO,
KUMASI , GHANA
W/A.
August 26th, 2005 at 6:25 pm
The reason the term “Islamic Fundamentalist” is used frequently and “Fundamentalist Christian” is not is because it is only appropriate if those who are doing the wrong are doing it in the name of their religion. Even if it is true that they are defaming the religion by wrongly using it as an excuse, they are still claiming it.
September 12th, 2005 at 9:53 am
This is why the goverment did not pass this law you cant have one set of rules for one group every group or religon will want their own. Then think what sorry state the world will be in.
November 1st, 2005 at 11:07 am
n/a
November 8th, 2005 at 4:31 am
I just wanted to thank you for this informative website. I learned a little about Islamic laws and customs when i was stationed in Saudi Arabia in the military, but I needed to know more about Sharia for a college class. Through your website I learned things many things I had no idea about. Good job on the website, and thanks.
November 27th, 2005 at 5:18 pm
As to this comment:
“lThe media often used the term “Islamic Fundamentalistsâ€? when referring to the accused in the case. It also referred to the Egyptian connections in that case as “Islamic Fundamentalists.â€? The media has used the label of “Islamic Fundamentalistâ€? to imply all kinds of possible negative connotations: terrorists, kidnappers and hostage takers. Since the media does not use the term “Fundamentalist Christianâ€? each time a Christian does something wrong, the use of such labels is wrong for any group, Christians, Muslims, or Orthodox Jews.”
The reason the media refers to “fundamentalist Muslims” or “radical Muslim” is simply because these people are committing their crime in the name of Islam or Allah. The other groups you mention who commit crimes are not doing them in the name of their religion, they just happen, e.g., to be a protestant who blows up a building for a political reason, or a catholic who murders his neighbor. These crimes are not done in the name of religion.
December 10th, 2005 at 8:39 pm
Peace, I just wanted to say this is a good movement going on stay strong
1 luv,
January 17th, 2006 at 9:08 pm
in the name of god . and in the name of the porphet mohammed peace be upon him, please i have a problem and i need help i need to know if the goverment of canada will help me recieve my dowry . i did not leave on my own he sent his uncle to send me to my fathers house so they can talk . and came back saying he does not want to be married. i have two children i am 22 years living with my family . i did not choose to leave a 4 year marriage on my own, help me any answers can make a difference i have done alot of research and found nothing. please thank you
January 20th, 2006 at 5:24 am
MashaAllah, you did a very good job.
January 20th, 2006 at 8:53 am
ASSALM ALAIKUM
I WOULD REALLY LIKE TO APPRECIATE THOS WEBSITE.IT IS REALLY IMFORMATIVEAND I HAVE LEARNED ALOT FROM IT.FOR THE PEOPLE WHO THINK THAT ISLAM IS A RELOGION OF TERRORISM I WOULD ONLY LIKE TO SAY THAT THEY SHOULD LEARN ISLAM FIRST AND THEN COMMENT.
THANKYOU
February 23rd, 2006 at 6:15 pm
A religion is good only when it comes from individual free choice and a passionate worship of one’s God.
Man is never right despite how right he wishes to be or tries to convince others of his own Righteouness.
It is with free choice that right and wrong can be practiced honestly and without intimidation. Live with thy consequences and from choosing the wrong path. Do not blame others or try to convert them. You must live to your God’s honor and honor Him with love and devotion.
Using religion as a means of controlling others is not right. Who appointed you the sentencer? Is it not God who will judge us in the end? Is it not His vision and grand plan we must follow and not deride or try to translate or interpret for our own self-interests or influence we hope to gain from others?
And who in their right mind can say violence is justified by terrorists, that others deserve the retribution, that brother shall harm brother in the name of God? Who among us can says those things, if, we truly believe in God and His love for all on earth?
Who? No one!
March 22nd, 2006 at 10:45 am
You have stated that islam fosters forgiveness and mercy but that is not what I read in the Koran. Isn’t the real truth that the “radical” muslims are following the ways of the Koran while the rest are following a watered down version of islam because the realm teachings were too violant for them?
For example in the book of repentance.
“Proclaim a woeful punishment to the unbelievers, except those idolators who have honored their treaties with you and aided non against you, with these keep faith UNTIL their treaties have run their term. When the sacred months are over slay the idolators wherever you find them. Arrest them, beseige them, and lie in ambush everywhere for them. If they repent (convert), take to prayer and pay the alms tax, let them go their way.”
Gee.. so If I don’t want to be a muslim I am to either be killed or pay the alms tax (extortion).
How about 9:38
“March in the cause of Allah… If you do not fight He will punish you sternly and replace you by other men”
Women are equal??
Women 4:24
“You are also forbidden to take in marriage married women, except captives whom you own as slaves”
4:34 “Men have authority over women because Allah made them superior to the other, and because they spend their wealth to maintain them. Good women are obedient…. As for those whome you fear disobedience, admonish (whip) them and send them to beds apart and beat them.”
Sorry bud… whatever islam is, it is not non violent nor are women even close to being equal.
March 22nd, 2006 at 3:53 pm
first think i would like to say is that i like the web site it was very informative. i had never thought much about islamics before the head line news on my opening page when i got to work about a man that could be sentenced to death for changing his religon. yeah i know the media. well after reading all this info i see that it is true. that is the most crazy thing i have ever heard and MY GOD would not be ok with killing someone (in his name) for having a different believe. so if in this place u r different u are killed (in the name of god). by different believe get the concept that he is still praise god still praying to god still believing in god just not the way your people want him to so yes that is wrong.
in one paragraph u said that everyone is responsable for there own actions. then why does the family have to pay (to help set a example of how to act) to me that is a contradiction that is all that i have to say about that
March 24th, 2006 at 5:27 am
assalamu alaikum .please i need an explanation about the sharia ,and their types and charactristic
thanks
March 26th, 2006 at 5:14 pm
I am producing a current affairs program for BridgesTV, a Muslim cable channel in the USA. This evening, on CNN, there was a report that Shariah law requires execution, if an individual converts from Islam to any other religion. I cannot believe this is true, and am producing my program to clarify such fallacies. I would very much appreciate input from anyone on how Shariah does address this issue, if at all. I would also be happy to interview any appropriate representative on Shariah law, on my program, “Words Matter. Best regards, Skip Conover, President of Words Matter, LLC.
March 28th, 2006 at 8:04 am
I love it. You don’t like what I said so you pull my post. That is just like islam. It can’t stand up to debate so it resorts to sensorship.
April 17th, 2006 at 6:33 pm
Well, I know islam and can comment plenty on if it is a violent religion based on the Koran, but everytime I post here it gets deleted. The moderator doesn’t want an honest discussion, he just wants to spin Islam in the way he sees it. I will debate anyone on the peacefulness of the Islam based on the teachings of Mohammed…. It wasn’t peace he wanted.. Care to debate? We can take this discussion to a REAL open site.
July 5th, 2006 at 5:25 pm
How can Islam support killing of people just because they were watching football on TV??? Is that against the Sharia laws?
Extract from CNN
MOGADISHU, Somalia (AP) — Radical Islamic militia fighters in central Somalia shot and killed two people at the screening of a banned World Cup soccer broadcast while dispersing the crowd of teenagers watching it, an independent radio station reported Wednesday.
The Islamic fighters, who have banned such entertainment, opened fire after the teenagers defied their orders to leave the cinema that was screening the Germany-Italy match, Shabelle Radio reported. It said the dead were a girl and the cinema owner.
Islamic fighters who wrested control of the Somali capital from warlords in June forbade movies and television entertainment in line with their strict interpretation of Islam.
August 7th, 2006 at 11:46 am
Dear Shariah.net
I am a non religious, non racist British Male.
Due to obvious influences in political events over the last several years both inside and outside the U.K I have taken an interest in the plight of muslims to seek Shariah Law across all countries and states, as is often publicised.
I find your article highly educational, however it reinforces my opinion that Shariah Law and Islamic rule shall never happen in western society. It is quite obvious to any literate person, of any colour, religion or creed that it is incompatible within western society.
I would now go as far as to say that as a british non-muslim I actually feel disrespected that muslims in the UK appear to be forcing their opinions down my neck. I want to live in a multicultural and tolerant society free of inequality or racism however for this to happen it will require more effort on the part of british muslims to integrate into society, both on a business and personal level.
An example of this would be that why is in not possible for a muslim woman to have lasting relations with a non muslim uk citizen without extreme threats of voilence against their persons??
If we turn this on its head and consider the situation in reverse this would be akin to my parents and family reacting voilenty to myself dating a muslim woman…should this be the case I would consider my family as institutional racists and would sever any ties with them until they accepted my opinion and my partner with nothing less than loving arms.
I fear that the growing hostility of muslims in the uk is influencing less educated non muslim uk citizens to turn their back on acceptance of the muslim faith and all tolerance that goes with that which will no doubt lead to increased tensions in general society (as demonstrated by the growing support for parties such as the BNP in certain regions - something which is very wrong and I am sad to see)
To conclude I see no resolution for future peace and my dream of a happy multi cultureal society in the UK other than that if muslims here accept that Shariah Law will NEVER rule, Allah is NOT the almighty supreme to everyone as this is merely matter of opinion and that british muslims begin to integrate into our society without prejudice for our own cultural values, laws and practices - which we have developed over centuries of history down to democratic process and in which I have 100% commitment and confidence.
Regards,
Richard Dukes
August 7th, 2006 at 11:56 am
Dear Shariah.net
I notice that you have been accused of refusing to post comments which give rise to debate. I urge you to post my comments which I have copied again below and actively encourage hearing your view on it. Please do send them to my hotmail address as stated in the leave a reply details.
I am a non religious, non racist British Male.
Due to obvious influences in political events over the last several years both inside and outside the U.K I have taken an interest in the plight of muslims to seek Shariah Law across all countries and states, as is often publicised.
I find your article highly educational, however it reinforces my opinion that Shariah Law and Islamic rule shall never happen in western society. It is quite obvious to any literate person, of any colour, religion or creed that it is incompatible within western society.
I would now go as far as to say that as a british non-muslim I actually feel disrespected that muslims in the UK appear to be forcing their opinions down my neck. I want to live in a multicultural and tolerant society free of inequality or racism however for this to happen it will require more effort on the part of british muslims to integrate into society, both on a business and personal level.
An example of this would be that why is in not possible for a muslim woman to have lasting relations with a non muslim uk citizen without extreme threats of voilence against their persons??
If we turn this on its head and consider the situation in reverse this would be akin to my parents and family reacting voilenty to myself dating a muslim woman…should this be the case I would consider my family as institutional racists and would sever any ties with them until they accepted my opinion and my partner with nothing less than loving arms.
I fear that the growing hostility of muslims in the uk is influencing less educated non muslim uk citizens to turn their back on acceptance of the muslim faith and all tolerance that goes with that which will no doubt lead to increased tensions in general society (as demonstrated by the growing support for parties such as the BNP in certain regions - something which is very wrong and I am sad to see)
To conclude I see no resolution for future peace and my dream of a happy multi cultureal society in the UK other than that if muslims here accept that Shariah Law will NEVER rule, Allah is NOT the almighty supreme to everyone as this is merely matter of opinion and that british muslims begin to integrate into our society without prejudice for our own cultural values, laws and practices - which we have developed over centuries of history down to democratic process and in which I have 100% commitment and confidence.
Regards,
Richard Dukes
September 1st, 2006 at 8:58 pm
Keep up the great work on your blog. Best wishes WaltDe
September 21st, 2006 at 12:57 am
hello, dis message is for chris, first of all i would like to say that i admire ur research but i think next time u want to learn something , doit correctly.
Proclaim a woeful punishment to the unbelievers, except those idolators who have honored their treaties with you and aided non against you, with these keep faith UNTIL their treaties have run their term. When the sacred months are over slay the idolators wherever you find them. Arrest them, beseige them, and lie in ambush everywhere for them. If they repent (convert), take to prayer and pay the alms tax, let them go their way.”
well this comes from ur version of a book, which i think u should find a better version.. ne who.. i think you should start reading subnotes, they are very helpful and explainatory, this passage talks about a diff. time period, when there was war going on between muslims and infadels.
September 21st, 2006 at 1:14 am
To Richard dukes
1) its not just for an Muslim women that they cant have a relations with a non muslim uk citizen .. its also goes for Muslim men, they should not have a relationship w. a non muslim female. now there are many reasons one, wat will u teach ur kids, how to be a muslim or a christian or judaism, you have to teach ur kids wat you think its rite for them, and wats right and wats wrong. now i m a 16 year old kid, born in pakistan and moved to America when i was 10, i m very thankful to my parents for teaching me the right path, and i m thankful to God that i was born in a muslim family, i wanna teach my kids what my parents have thought me, which is follow one God and one God only, believe in his prophets, and learn from there teachings. c all u r thinking about is the present but u have to think about the future. i wouldnt disagree w/ my parents if they tell me not to marry a non muslim gurl, i will not agree w/ them either but with out of respect i would obey there decsions… not cut off my ties w/ them until they agree with me. thats just disrespectful. our culture is very different from western culture. but i agree with you “fear that the growing hostility of muslims in the uk is influencing less educated non muslim uk citizens to turn their back on acceptance of the muslim faith and all tolerance that goes with that which will no doubt lead to increased tensions in general society (as demonstrated by the growing support for parties such as the BNP in certain regions - something which is very wrong and I am sad to see)” on this part its a sad time all around the world.
thank you
September 27th, 2006 at 11:00 am
FAO Wajahat,
Thanks for your reply to my comments. I do have to disagreee with some of your comments;
I have not been brought up under any religion. I am a good person, I do not commit crime and I respect the world and the people in it. So, hypothetically what would be the problem if I had a relationship with an Islamic girl, and we had children, and the children were not religious at all?
I presume from your comments that this would be wrong…why?
This is exactly the problem with the Islamic faith…it is your way or no way. Well I do not accept that, and westen society will never accept that.
Again this is not intended as an attack. I am defending my way of life as a non religious UK citizen. I will never accept Shariah law and I will die in the street fighting for my right to live in a democratic society if I need to.
Regards,
Richard
October 11th, 2006 at 8:56 am
Assalamu alaykum What is the Islamic Shariah Law. Can i not go to about 4 pages that will give me a brief explanation of the Shariah Law
November 16th, 2006 at 3:33 am
Hello, I am Kaffir (otherwise known as GOT WHITE ? )
I am the mindless infidel, of all things, that have not experienced
the joys associated with child pedophilia
I have not had dreams of 3 and 4 yr old infants
Or married HOT 6 yr olds
I find it repulsive that adults would build a RELIGION
around it’s founder, I find it strange that there is not a religion called
‘charlie fork in the stomach’ at least HE didn’t consumate the RELIGION
I truely believe you have a MORAL focus, but, “suffer the children to come
unto me”, Did not involve, what even today, sadly, Should have been more than a slap on his talli-wacker. Believe what you will, but does “SHE” really deserve her attacker to be GLORIFIED,until not,NO ONE is above
his teacher ( The Roman Catholic church learned well) Ever wonder
if it was your daughter? is there anything sadder than PLEASE DADDY NO !
and you desert her. AND then feel GOOD ? “GOOD MORNING DADDY”
YOU’RE 4 now GO TO THE P…… WAY TO GO SHARI ,,,,, A DAD
November 28th, 2006 at 10:12 am
I will be disgusted with the British authorities if they have one law for one and another for somebody else! This whole religious madness has gone too far. Religion should be left back in the dark ages belongs! We have created our law over thousands of years and have a very rich history, why should we change that to suit foreign nationals? Have they changed their laws to suit us? No, I just wish the people in this country would have a little more backbone and stop hiding behind front doors. We, the British people, cannot allow minority groups who like to make a lot of noise, change our own culture and laws. If they wish to live this way, go home!!
December 6th, 2006 at 6:15 am
AL-BARKA MUSLIM YOUTH ORGANISATION OF NIGERIA.
P O BOX 7233,SECRETARIAT AGODI,IBADAN OYO STATE NIGERIA.
POST CODE 23402-NIGERIA.
Dear Sir,
Requesting For Free Dawah Materials.
As-Salam-Alaykum,
We all bear witness that there is only one GOD (swt) deserve to be worshiped.and that Prophet Muhammed (saw) isthe true messanger of GOD.
It,s our hope and prayers that this letter meets you in the best of health and high islamic spirit.
It,s the wish of the above organisation to assist the muslim family home islamically.A research just carried out has shown that the christians have targeted the homes of muslim presonalities in order to convert their children to christianity or make them redundant muslims.The secondary schools and higher Institutions are used as convinient platforms to achieve this objective.
As muslim youth we take this as challenge since our religion possess superior arguments that can be exploited to convince our children not to go astray,that is why we have developed a progamme whereby our young elites mainly graduates and undergraduate from the universities,and the polytechnics(male&female)would from time to time visit muslim homes and sermonise to the families using in most cases Audio Visual materials like video and audio cassetes to get the message across.
we also use the opportunity to invite the childrens to join elitist muslim groups like muslim student of nigeria,e t c.
We would also like to use this opportunity to request for some (Free Dawah Materials) from your organisation.such as books on islamic teaching and some books on the interpretation of the GLORIOUS QURAN including some video and audio cassetes.etc.i ask ALLAH to help you in your JIHAD for HIS sake Ameen……………
Maa-salam.
Yours-In-Islam
Mr, Wahab Ibrahim
2348053889115
December 7th, 2006 at 12:13 pm
Wajahat, You stated that the reason for the teaching of killing of infidels in the koran was because there was a war going on and that I should read the subnotes. Firstly, subnotes are for sheep. Those that cannot reasonably assertain what the author meant based on context, history, etc.
Say it like is, Mohammed was a millitary man. He wasn’t “non violent”, he caputered infidel women and made them concubines. The killing of infidels by Mohammed (which is the “war” you mention) was started BY Mohammed because there were unwilling to convert to Islam and he needed booty to sustain him since none of the Jews or Coptic Christians in the area wanted to give him anything.
Read all the passages please. The Koran was written by a millitary man and is filled with violance toward that don’t believe as he did. He converted by the sword and REAL Islam still attempts to convert that way if it is required. If I had to choose (which I don’t) between Islam whose founder was a millitary man who murdered people based on them not willing to convert, and Christianity whose founder preached turning the other cheek to violence, then I would choose Christianity hands down based on that fact alone.
December 8th, 2006 at 9:18 am
This is the beginning of the end for Muslim britain. You would be wise to pipe down and be quiet or be prepared to suffer the consequences.
We gave you rights, we gave you homes, we gave you the opportunity to work, we gave you freedom, we gave you equality….but it is not enough, you treat us like fools, you bite the hand that feeds you
you will pay….there will be an anti Muslim backlash, it will be called U.A.I
UNITED AGAINST ISLAM - white people, black people, indian people, chinese, americans, europeans, jews, hispanic, latio’s, africans….unite against Islam, the cancer that is invading and ruining our way of life
January 3rd, 2007 at 9:30 am
assalamu alaikum,
can i download quran with english translation from the website called
www.sabbir.com i am listening its english translation from this web site
can you please cross check this website and let me know because i feel
translation is bit changed and i stopped listening know
jazakumullah khair
Allah hafez