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Mapping Sharia

Date Published: 
Sunday, 25 November, 2018

Author(s):

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Relevant Quotes

The quotes below come from the Umdat al-Salik and, crucially, represent what is considered to be an authoritative work of Shari’a from the Shafi’i school of Islamic jurisprudence. As we have seen from the concept of “scholarly consensus” (explained above), the rulings included here are legally binding, according to Shari’a.

On children:

  • When a child with discrimination (O: meaning he can eat, drink, and clean himself after using the toilet unassisted) is seven years of age, he is ordered to perform the prayer, and when ten, is beaten for neglecting it (N: not severely, but so as to discipline the child, and not more than three blows). f1.2

On apostates:

  • Someone raised among Muslims who denies the obligatoriness of the prayer, zakat, fasting Ramadan, the pilgrimage, or the unlawfulness of wine and adultery, or denies something else upon which there is scholarly consensus (ijma’, def:b7) and which is necessarily known as being of the religion (N: necessarily known meaning things that any Muslim would know about if asked) thereby becomes an unbeliever (kafir) and is executed for his unbelief (O: if he does not admit he is mistaken and acknowledge the Obligatoriness or unlawfulness of that which there is scholarly consensus upon. As for if he denies the obligatoriness of something there is not consensus upon, then he is not adjudged an unbeliever). f1.3
  • The following are not subject to retaliation: … (3) a Jewish or Christian subject of the Islamic state for killing an apostate from Islam (O: because a subject of the state is under its protection, while killing an apostate from Islam is without consequences); o1.2
  • When a person who has reached puberty and is sane voluntarily apostatizes from Islam, he deserves to be killed. o8.1
  • In such a case, it is obligatory for the caliph (A: or his representative) to ask him to repent and return to Islam. If he does, it is accepted from him, but if he refuses, he is immediately killed. o8.2

On jihad:

  • The caliph (o25) makes war upon Jews, Christians, and Zoroastrians (N: provided he has first invited them to enter Islam in faith and practice, and if they will not, then invited them to enter the social order of Islam by paying the non-Muslim poll tax (jizya, def: o11.4)-which is the significance of their paying it, not the money itself-while remaining in their ancestral religions) (O: and the war continues) until they become Muslim or else pay the non-Muslim poll tax (O: in accordance with the word of Allah Most High, “Fight those who do not believe in Allah and the Last Day and who forbid not what Allah and His messenger have forbidden-who do not practice the religion of truth, being of those who have been given the Book-until they pay the poll tax out of hand and are humbled” (Koran 9.29) o9.8
  • The caliph fights all other peoples until they become Muslim (O: because they are not a people with a Book, nor honored as such, and are not permitted to settle with paying the poll tax (jizya)) o9.9
  • A free male Muslim who has reached puberty and is sane is entitled to the spoils of battle when he has participated in a battle to the end of it. o10.1
  • As for personal booty, anyone who, despite resistance, kills one of the enemy or effectively incapacitates him, risking his own life thereby, is entitled to whatever he can take from the enemy, meaning as much as he can take away with him in the battle, such as a mount, clothes, weaponry, money, or other. o10.2