From the executive summary of a letter by a large number of Islamic scholars to ISIS intended to condemn their practices as 'un-Islamic': "16- It is forbidden in Islam to enact legal punishments (hudud) without following the correct procedures that ensure justice and mercy." As Robert Spencer says, "This one is noteworthy, for by it....all these scholars affirm that hudud punishments — stoning for adultery, amputation for theft, death for leaving Islam, etc. — can be enacted as long as one is following the correct procedures."
Robert Spencer: https://counterjihadreport.com/tag/letter-to-baghdadi/
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.
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