Flogging

Type: Article

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

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

I learned the worth of a woman under Islam the day I sought a divorce in the Islamic Republic of Iran. I was worth less than a man, worth only half of a man. That day, somewhere in the United States, girls my age were making sure their clothes and hair were just right for a day in 7th grade (Year 9 in England). Not I. I stood before a judge in an Iranian courtroom as a married woman beaten brutally every day of my short “marriage” by my husband, a mentally unstable, older man to whom I had been sold for the financial profit of my family.

Type: Link

Type: News

Country: 
Indonesia
News Date: 
08/04/2017
Summary: 

Two men in Indonesia's conservative Aceh province face up to 100 strokes of the cane each after neighbours reported them to Shariah police for having gay sex.

Country: 
Indonesia
News Date: 
13/04/2016
Summary: 

An elderly Christian woman has been caned in Indonesia, the first time a Sharia law punishment has been meted out to a non-Muslim. The 60-year-old, who was convicted of selling alcohol, was whipped nearly 30 times with a rattan cane, before a crowd of hundreds, in Aceh province on Tuesday, according to reports.

Country: 
Indonesia
News Date: 
30/11/2010
Summary: 

My mom came to get me [from the Sharia police office] at 7 a.m. I was crying. The head lecturer at my campus, Doni, was there to lecture me. A Sharia police officer told him that I had been caught [on an isolated road on a motorcycle with my boyfriend]. He told my mom and me that I should be buried and stoned to death. I said, “Sir, I was only trying to look for a shortcut, and I should be stoned for that? What about the officers who raped me last night?”

Country: 
Indonesia
News Date: 
27/02/2017
Summary: 

An Indonesian man collapsed while being publicly caned Monday for spending time with a woman who is not his wife in contravention of sharia laws in a Muslim part of the country.

Country: 
Malaysia
News Date: 
19/02/2017
Summary: 

Christians in Malaysia are becoming increasingly concerned about attempts to give Islamic courts more power and the ability to impose prison time of up to 30 years. The country's Pan-Malaysian Islamic Party (PAS) is trying to strengthen the position of Sharia law in the multi-cultural society. Around 60 per cent of the nation are Muslim, 20 per cent Buddhists, 10 per cent Christians and 6 per cent Hindus.

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

Harrowing images have captured the moment a Muslim woman screams and cries in pain as she's forced to endure 26 lashes for allegedly having sex outside of marriage . The Indonesian woman and the man she was accused of having sex with were brought up on a stage and caned in front of a crowd of people. In Sharia law , sex outside of wedlock is strictly forbidden and those accused face severe punishments.

Country: 
Iran (Islamic Republic of)
News Date: 
02/07/2010
Summary: 

A 43-year-old Iranian woman is facing death by stoning unless an international campaign launched by her children forces the authorities to quash what her lawyer calls a bogus conviction. In a case that highlights the growing use of the death penalty in a country that has already executed more than 100 people this year, Sakineh Mohammadi Ashtianiwas convicted in May 2006 of conducting an "illicit relationship outside marriage."

Country: 
Sudan (the)
News Date: 
05/11/2013
Summary: 

“Moreover, freedom in America is indivisible from the freedom to practice one’s religion. That is why there is a mosque in every state in our union, and over 1,200 mosques within our borders. That’s why the United States government has gone to court to protect the right of women and girls to wear the hijab and to punish those who would deny it.” — Barack Obama, Cairo, June 4, 2009

Country: 
Saudi Arabia
News Date: 
07/10/2016
Summary: 

Bandar Bin Mohammed Al-Aiban, chairman of the Saudi Human Rights Commission, who led a Saudi delegation to the committee's review, told the body that "Islamic sharia (law) was above all laws and treaties, including the Convention on the Rights of the Child", according to a U.N. summary of the review last month. But the kingdom had the "political will" to "promote all human rights and particularly the rights of children", he said.

Country: 
Iran (Islamic Republic of)
News Date: 
14/11/2016
Summary: 

A WOMAN has laid bare the brutal punishment she reportedly received at the hands of authorities after she was caught attending a party with boys and drinking alcohol. The 28-year-old Iranian woman received 80 lashes after an Iranian court found her guilty of the offences more than two years after she attended a party in the second biggest city of Mashhad.

Country: 
Nigeria
News Date: 
20/08/2002
Summary: 

An Islamic court in Nigeria yesterday upheld a sentence of death by stoning for a woman accused of adultery. The case is the latest in a series of sentences passed under sharia law - a set of religious laws adopted over the past two years in northern regions of Nigeria, which have predominantly Muslim inhabitants.

Country: 
Saudi Arabia
News Date: 
28/11/2016
Summary: 

A sharia court has ordered the flogging of two women for using inappropriate language on a texting app, Whatsapp reports HeatStreet. The women will be subjected to 20 lashes each. The women had also been jailed for a period of ten days because of the ‘impermissible expressions’ that were used by the pair ruled a Saudi court.

Country: 
Malaysia
News Date: 
29/03/2015
Summary: 

But along with the viral hit though came a huge backlash. One particularly threatening thread on Facebook started with the comment: "Those who insult the laws of Allah, their blood is halal for killing." Others came to the journalist's defence. "Making you feel offended means you can rape and kill that person....brother, do you think you need to do some self reflection and soul searching..?" commented Chiam Soon King on the Sisters In Islam Facebook page.

Country: 
Iran (Islamic Republic of)
News Date: 
16/11/2016
Summary: 

A SHARIA court has sentenced three Christians to 80 lashes each after finding them guilty of blasphemy for drinking holy communion wine.

Country: 
Saudi Arabia
News Date: 
21/10/2016
Summary: 

Saudi blogger Raif Badawi is facing a new round of lashes, according to his supporters. A Canadian foundation campaigning for his release said a “reliable source” in Saudi Arabia told them he faces a renewed threat of flogging. The 32-year-old was handed 1,000 lashes and a ten-year jail term in 2014 for insulting Islam online. Mr Badawi received his first 50 lashes in public in January 2015, prompting international condemnation. Arrangements for his continued flogging have been postponed amid concerns for his health.

Country: 
Indonesia
News Date: 
18/10/2016
Summary: 

Heart-wrenching images show a screaming young woman flogged in front of a jeering crowd for breaking Islamic laws as floggings reportedly spike in Indonesian province. An unidentified woman screamed out in pain as she was caned 23 times in Indonesia's Aceh for breaking the province's strict Islamic law forbidding intimacy between unmarried couples.

Country: 
Pakistan
News Date: 
17/09/2006
Summary: 

Up to 80 per cent of women in Pakistan's jails are charged under rules that penalise rape victims. But hardliners have vetoed an end to the Islamic laws

Country: 
Saudi Arabia
News Date: 
07/10/2016
Summary: 

A U.N. human rights watchdog called on Saudi Arabia on Friday to end “severe” discrimination against girls and to repeal laws that allow the stoning, amputation, flogging and execution of children

Country: 
Sudan (the)
News Date: 
26/08/2015
Country: 
Indonesia
News Date: 
12/04/2016

Type: Opinion

Summary: 

The recent global day against the imminent stoning of Sakine Mohammadi-Ashtiani in Iran for adultery is an example of the outrage sparked by the brutality associated with sharia law's penal code.

What of its civil code though – which the Muslim Council of Britain's Shaykh Ibrahim Mogra describes as "small aspects" that concern "marriage, divorce, inheritance, custody of children"? According to human rights campaigner Gita Sahgal, "there is active support for sharia laws precisely because it is limited to denying women rights in the family. No hands are being cut off, so there can't be a problem …" Now a report, Sharia Law in Britain: A Threat to One Law for All and Equal Rights, reveals the adverse effect of sharia courts on family law. Under sharia's civil code, a woman's testimony is worth half of a man's. A man can divorce his wife by repudiation, whereas a woman must give justifications, some of which are difficult to prove. Child custody reverts to the father at a preset age; women who remarry lose custody of their children even before then; and sons inherit twice the share of daughters.

...

The demand for the abolition of sharia courts in Britain, as elsewhere, is not an attack on people's right to religion; it is a defence of human rights, especially since the imposition of sharia courts is a demand of Islamism to restrict citizens' rights.

Summary: 

Editor: Most of this article is a complete whitewash of sharia but it does contain one key admission:

They [hudud punishments] are, in fact, an embarrassment to the many Muslims who consider them barbaric. So when Ramadan called for a moratorium on corporal punishment, stoning and the death penalty in the Islamic world in 2005, some non-Muslims criticised him for not going further. Why didn't he say thehudud laws should just be discarded or repealed? He explained this by pointing out that most of the authorities "are of the opinion that these penalties are on the whole Islamic [because of textual references] but that the conditions under which they should be implemented are nearly impossible to re-establish. These penalties, therefore, are 'almost never applicable'."

Editor: For something that is 'almost never applicable' there seem to be a lot of instances: 

http://www.shariawatch.org.uk/tags/hudud-punishments

Type: Publication

Summary: 

2.1. Sharia law

5. For the purposes of this study, it is essential to define Sharia law, its sources, its legal force and its problematic aspects in terms of the European Convention on Human Rights.

6. Sharia law is understood as being ‘the path to be followed’, that is, the ‘law’ to be obeyed by every Muslim. 4 It divides all human action into five categories – what is obligatory, recommended, neutral, disapproved of and prohibited – and takes two forms: a legal ruling (hukm), designed to organise society and deal with everyday situations, and the fatwa, a legal opinion intended to cover a special situation. Sharia law is therefore meant in essence to be positive law enforceable on Muslims. Accordingly, it can be defined as ‘the sacred Law of Islam’, that is, ‘an all-embracing body of religious duties, the totality of Allah’s commands that regulate the life of every Muslim in all its aspects’.

2.1.1. Sources

7. The prescriptions of Sharia law originate in the Qur’an, held to be a work that is ‘perfect and unchangeable’. 6 The Qur’an constitutes the primary source of law and consists of 114 surahs or chapters, themselves divided into 6,219 verses, which are sentences or groups of sentences expressing one or more revealed thoughts. 7 However, an Islamic exegesis (tafsir) of the Qur’an is necessary for abstruse passages, and this has given rise to a number of schools.

8. The Sunna, the traditions and practices of the Prophet, is another original source, relating the religious deeds and sayings of the Prophet Muhammad as narrated by his disciples (Sunni branch) or by the imams (Shia branch).

9. In addition to these two basic texts of Islamic law there are secondary sources such as consensus (ijma‘), analogical deduction (qiyas) and individual reasoning based on the general principles of Islam (ijtihad), which have produced a plethora of interpretations. Added to these are spontaneous sources such as local custom (‘urf) and judicial practice (‘amal).

10. Fiqh, the temporal interpretation of the rules of Sharia law, brings together all the rules that had been systematised by the end of the fifth century after the Hijra. There are various schools of Islamic jurisprudence. They include the four Sunni schools: the Hanafi school of Abu Hanifa, the Maliki school of Malik ibn Anas, the Shafi‘i school of Muhammad ibn Idris al-Shafi‘i and the Hanbali school of Ahmad ibn Hanbal. There are at least two main Shia schools: the Ja‘fari and the Zaydi.

2.1.2. Legal nature

11. While most States with Muslim majorities have inserted a provision referring to Islam or Islamic law in their constitutions, the effect of these provisions is symbolic or confined to family law. Admittedly, these religious provisions may have a legal effect if raised in the courts and a political effect if they intrude into institutional attitudes and practices. 9 However, the authority of Sharia law is derived directly from the Qur’an, and traditional Islamic law contains no effective provisions concerning its position in the pyramid of norms. 10

2.1.3. Sharia law: problematic rules in relation to the European Convention on Human Rights

12. In this study I shall be looking at the general principles of Sharia law in relation to the European Convention on Human Rights and particularly Article 14, which prohibits discrimination on grounds such as sex or religion and Article 5 of Protocol No. 7 to the Convention, which establishes equality between spouses in law. In this context, reference should also be made to other provisions of the Convention and its additional protocols – such as Article 2 (right to life), Article 3 (prohibition of torture or inhuman or degrading treatment), Article 6 (right to a fair trial), Article 8 (Right to respect for private and family life), Article 9 (freedom of religion), Article 1 of Protocol No. 1 (protection of property) and Protocols Nos. 6 and 13 prohibiting the death penalty. Here we shall find some problematic features that warrant further analysis. 13. In Islamic family law, men have authority over women. Surah 4:34 states: ‘Men have authority over women because God has made the one superior to the other, and because they spend their wealth to maintain them. Good women are obedient. They guard their unseen parts because God has guarded them. As for those from whom you fear disobedience, admonish them and forsake them in beds apart, and beat them. Then if they obey you, take no further action against them. Surely God is high, supreme.’ 11 While wives clearly have a duty of fidelity, 12 husbands do not. 13 In Sharia law, adultery is strictly prohibited.14 Legal doctrine holds that the evidence must take the form of corroborating testimony from four witnesses15 to prove an individual’s guilt. These witnesses must be men of good repute and good Muslims. The punishment is severe and degrading, namely ‘a hundred lashes’. 16 In the case of rape, which is seldom committed in public before four male witnesses who are good Muslims, punishing the rapist is difficult if not impossible. 17 In practice, this obliges women to be accompanied by men when they go out and is not conducive to their independence. While divorce by mutual consent is enshrined in Islamic law, 18 the application has to come from the wife, since the husband can repudiate his wife at any time. 19 There is also the question of equal rights with regard to divorce arrangements such as custody of children.

14. For division of an estate among the heirs, distinctions are made according to the sex of the heir. A male heir has a double share, whereas a female heir has a single share. 20 The rights of a surviving wife are half those of a surviving husband. 21

15. In criminal cases, cruel, inhuman and degrading punishments are authorised by Sharia law, including death by stoning, beheading and hanging, amputation of limbs, and flogging. 22 Apostasy results, firstly, in the apostate’s civil death, with the estate passing to the heirs, and, secondly, in the apostate’s execution if he or she does not recant. 23 Lastly, non-Muslims do not have the same rights as Muslims in civil and criminal law, 24 which is discrimination on the ground of religion within the meaning of Article 14 of the Convention.

Author(s):

Summary: 

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

....

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

Summary: 

IN his Preface to the Second Edition, dated 1891, Sir William Muir says:—

"This volume was at first intended as an abridgment of the First Edition, or Annals of the Early Caliphate1, with continuation to the fall of the Abbassides; but I found, as I went on, the matter less compressible than I had hoped. The result, therefore, is much larger than I anticipated. I trust, however, that, its length notwithstanding, the narrative may be found not uninteresting; and I now offer it as a contribution towards the history of a period for which there are, as yet, but scanty materials in the English language.

"The authorities, excepting for the later portions, are purely Arabian; indeed, for the earlier there are no other. After Tabari, who died in the fourth century A.H., Ibn Athir (d. 630 A.H.), a singularly impartial annalist who compiled his work from all available sources, has been my chief guide. Towards the close, and especially for the brief chapter on the Caliphate under the Mameluke dynasty, I have drawn largely on Weil's admirable Geschichte der Chalifen2, which indeed has been my constant companion throughout. I gratefully acknowledge my obligations to the late Dr Weil. The more his great history is studied in connection with the original authorities, the more one is impressed with the vast research, the unfailing accuracy, and dispassionate judgment of the author.

"I should mention here that the materials out of which our story is woven differ entirely from those for the Biography of Mahomet. For that, every incident of his

 

1 Smith & Elder, 1833.

2 Vols. I.-III. Mannheim, 1864-1851; IV. and V. Stuttgart, 1860-1862.

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