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  • Summary: 

    Equally important is that the punishments which cause the greatest outcry -- flogging, stoning, etc -- come under the hudud laws, which are implemented in Saudi Arabia and were introduced by General Zia ul-Haq in Pakistan in 1979, but are the exception, not the rule, in most Muslim countries.

    They are, in fact, an embarrassment to the many Muslims who consider them barbaric. So when Ramadan called for a  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 Why didn't he say the hudud laws should just be discarded or repealed?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'." He later declared that "Islam is being used to degrade and subjugate women and men in certain Muslim-majority societies in the midst of collusive silence and chaotic judicial opinions on the ground". The present-day use of hudud, therefore, is clearly a misuse of sharia.

    This article discusses the conditions required:

    Possibility of Applying Hudud Today

    It is supposed that when the elements of a crime are complete, hudud should be applied. However, if these elements are not present, then ta`zeer should be applied. Ta`zeer is to be applied by the authority of the imam or judge. Applying hudud is the right of the state. Consequently, no group in any place has the right to apply hudud to a group of people away from the authority of the state.

    Hudud may be suspended until there is an Islamic life comprehensively established, with all conditions guaranteed. If these conditions are met in a certain case, hudud must be applied.

  • Summary: 

    The problem faced by the orthodox religious authorities in the Muslim world, however, is very similar to that which confronted the Catholic Church in the 16th century: escaped genies are tricky things to get back into bottles. The same impulse that prompted Luther to affirm the primacy of scripture over Catholic doctrine has also long been at work in Islam. As far back as the 13th century, a scholar based in Damascus by the name of Ibn Taymiyya proposed that the surest way to know God’s purpose was to study the practices of the first three generations of Muslims: the “forebears”, or “Salafs”. Reports of what Muhammad and his earliest followers had done, so he argued, should always trump subsequent tradition. Like Luther, Ibn Taymiyya was condemned as a heretic; but he also, again like Luther, blazed a momentous trail.

    Salafism today is probably the fastest-growing Islamic movement in the world. The interpretation that Isis applies to Muslim scripture may be exceptional for its savagery – but not for its literalism. Islamic State, in its conceit that it has trampled down the weeds and briars of tradition and penetrated to the truth of God’s dictates, is recognisably Salafist. When Islamic State fighters smash the statues of pagan gods, they are following the example of the Prophet; when they proclaim themselves the shock troops of a would-be global empire, they are following the example of the warriors of the original caliphate; when they execute enemy combatants, and impose discriminatory taxes on Christians, and take the women of defeated opponents as slaves, they are doing nothing that the first Muslims did not glory in.

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