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.
Will Mainstream American Islam Condemn Pastor Nadarkhani's "Apostasy" Death Sentence? Where is CAIR? Where is the Islamic Society of North America? Almost 90 years ago, in his 1924 The Law of Apostasy in Islam, Samuel Zwemer made these observations, regarding the post World War I "Arab Spring" of that era:
The story is told that Damocles, at the court of Dionysius of Sicily, pronounced the latter the happiest man on earth. When, however, Damocles was permitted to sit on the royal throne, he perceived a sword hanging by a horse-hair over his head. The imagined felicity vanished, and he begged Dionysius to remove him from his seat of peril. Today [circa 1924] we read of new mandatories, of liberty, and of promised equality to minorities under Moslem rule; and newspapers assert that a new era has come to the Near East. Economic development, intellectual awakening, reforms, constitutions, parliaments and promises Does the sword of Damocles, however, still hang over the head of each convert from Islam to Christianity? Is the new Islam more tolerant than the old? [emphasis added] Will the lives and property of converts be protected, and the rights of minorities be respected? ....Again and again has European pressure, aided by a few educated Orientals, endeavored to secure equality before the law for all religions and races in the Near East. But as often as the attempt was made it proved a failure, each new failure more ghastly than the last. The reason is that the conscience and the faith of the most sincere and upright Moslems are bound up with the Koran and the Traditions. [emphasis added] Civilization cannot eradicate deep-seated convictions. Rifles and ironclads, the cafe, the theatre, written constitutions, representative parliaments; none of these reach far below the surface. A truer freedom...than the one supplied by their own faith, must come before Moslems can enter into the larger liberty which we enjoy.
How odd that a site that purports to give answers about Islam from learned imams would so misunderstand Islam as to think that apostates from Islam and those who say something impermissible about Islam should be put to death. Of course, there is no real misunderstanding here, but that is what Islamic apologists in the West would have us believe: that Islam is benign and completely compatible with Western principles of human rights, and only those who misunderstand it think otherwise.
In any case, this ruling is pertinent today, as it explains why Muslims react with such fury and violence to perceived “insults” to Muhammad: in accord with his example, they consider verbal attacks on Islam even worse than physical ones, and believe that those who perpetrate such perceived attacks must be put to death. “Some of the rulings on apostasy and apostates,” fromIslam QA (thanks to Paul):
The 1990 Cairo Declaration, or so-called "Universal Declaration of Human Rights in Islam", was drafted and subsequently ratified by all the Muslim member nations of the Organization of the Islamic Conference (OIC). Now a 57 state collective which includes every Islamic nation on earth, the OIC, currently headed by Turkey's Ekmeleddin Ihsanoglu, thus represents the entire Muslim umma (or global community of individual Muslims), and is the largest single voting bloc in the United Nations (UN).
The opening of the preamble to the Cairo Declaration repeats a Koranic injunction affirming Islamic supremacism, (Koran 3:110; "You are the best nation ever brought forth to men...you believe in Allah"), and states,
"Reaffirming the civilizing and historical role of the Islamic Ummah which Allah made the best nation..."
"Believing that fundamental rights and universal freedoms in Islam are an integral part of the Islamic religion and that no one as a matter of principle has the right to suspend them in whole or in part or violate or ignore them in as much as they are binding divine commandments, which are contained in the Revealed Books of God and were sent through the last of His Prophets to complete the preceding divine messages thereby making their observance an act of worship and their neglect or violation an abominable sin, and accordingly every person is individually responsible -- and the Ummah collectively responsible -- for their safeguard."
The Aims of Warfare The Moslems are agreed that the aim of warfare against the People of the Book, with the exception of those belonging to the Quraysh-tribe and Arab Christians, is twofold: either conversion to Islam, or payment of poll-tax (djizyah). This is based on (9:29): .....
On Apostasy: "An apostate...is to be executed by agreement in the case of a man, because of the words of the Prophet, ʻSlay those who change their din [religion]'...Asking the apostate to repent was stipulated as a condition...prior to his execution."
A Christian family in Yorkshire who converted from Islam has said its "given up on the Church of England", after claiming its failed to provide them with support following ongoing persecution.
According to the Daily Mail, the Hussain family in Bradford were Muslims before they all converted to Christianity.
Since then, they claim they have suffered regular persecution from Muslim neighbours who view them as "apostates" - someone who converts from one religion to another. Renouncing Islam for another religion is punishable by death in some Islamic countries
A Christian convert from Islam has said there's a "failure across the board" to protect people in Britain who leave the Muslim faith. Nissar Hussain was speaking after the Council of Ex-Muslims of Britain said people leaving Islam were experiencing extreme violence and discrimination. The Council said some were even committing suicide or self-harming because of the level of abuse they received, or feared they would receive, if they left Islam. Its words come ahead of an ITV documentary due to broadcast on 13th October which will explore the lives of converts from Islam.
“They wish you would disbelieve as they disbelieved so you would be alike. So do not take from among them allies until they emigrate for the cause of Allah. But if they turn away, then seize them and kill them wherever you find them and take not from among them any ally or helper.” (Qur’an 4:89)
A hadith depicts Muhammad saying: “Whoever changed his Islamic religion, then kill him” (Bukhari 9.84.57). The death penalty for apostasy is part of Islamic law according to all the schools of Islamic jurisprudence.
Jihad Watch recently ran a feature: “The price of converting to Christianity from Islam”. Listed among the high costs was the loss of the former Muslim’s family. Well, this story below illustrates an actual case of what happened to a 21-year-old Ugandan, Fatuma Baluka, who converted to Christianity and dared to go to church.After being accused of being an infidel, Baluka explained that she has become “an enemy” to her husband and that her Muslim parents “will not receive” her either.
Egypt's top cleric yesterday denied in a statement that he had said a Muslim can give up his faith without punishment. The mufti of Egypt, was quoted as saying in a posting on a Washington Post-Newsweek forum that Muslims are free to change their faith and this is a matter between an individual and God. "What I actually said is that Islam prohibits a Muslim from changing his religion and that apostasy is a crime, which must be punished," he said.
Christian Today ran a telling piece, featured below, that originally was published by Open Doors, Australia, a Christian advocacy and persecution watchdog. The report reveals what most people already know, but many choose to turn a blind eye to, about what Muslims “all over the Middle East and North Africa” typically lose if they convert to Christianity. The population of these regions is about 355 million, of which approximately 317 million are Muslims.
For starters, one message to glean from this article is that it is not discussing a brand of Islam such as that practiced by the Islamic State or al Qaeda, groups that the West typically view as anomalies of Islam. The article depicts the reality for Muslims, living under historic Islamic jurisprudence (Sharia law), that is, normative Islam.
I am often asked, Why I left Islam? As absurd as it may be, some Muslims cannot even allow themselves to think that leaving Islam is an option, or even possible. They rather think that those who leave Islam are paid Jewish agents than accept the fact that people have freedom to think and some may even think that Islam is not for them. The following are my reasons:
Until few years ago I used to think that my faith in Islam was not based on blind imitation but rather was the result of years of investigation and research. The fact that I had read a lot of books on Islam, written by people whose thoughts I approved of and delving into philosophies that were within my comfort zone, emphasized my conviction that I had found the truth. All my biased research confirmed my faith. Just like other Muslims I used to believe that to learn about anything one has to go to the source. Of course the source of Islam is the Quran and the books written by Muslim scholars. Therefore, I felt no need to look elsewhere in order to find the truth, as I was convinced that I have already found it. As Muslims say "Talabe ilm ba'd az wossule ma'loom mazmoom". The search of knowledge after gaining it is unnecessary.
If Mr Shah's murderer had been a non-Muslim, there would be a concerted effort by the entirety of the media and political class to find out what inspirations and associations the murderer had. Specifically, they would want to know if there was anybody -- especially any figure of authority -- who had ever called for the murder of Muslim shopkeepers. Yet when a British Muslim kills another British Muslim for alleged "apostasy" and local religious authorities are found to have praised or mourned the killers of people accused of "apostasy," the same people cannot bother to stir themselves.
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